Legal Definitions - manu aliena

Term: manu aliena

manu aliena is a Latin phrase that translates to "by the hand of another."

Historically, in Scots law, this phrase was used in a notary's docket (a note attached to a legal document) to indicate that a particular instrument, such as an instrument of seisin (a document recording the transfer of land ownership), was physically written or prepared by someone other than the notary themselves, even though the notary was responsible for its official certification.

While the specific phrase manu aliena is not commonly used in modern legal practice, the underlying concept of an action or document being performed or created by one person on behalf of or under the authority of another remains highly relevant. It highlights situations where an individual delegates the physical act of writing or preparation, while retaining ultimate responsibility or authority for the content.

Here are some examples illustrating this concept:

• Drafting legal documents: A senior attorney dictates a complex legal brief to a paralegal. The paralegal then meticulously types and formats the brief, incorporating all the attorney's instructions. In this scenario, the physical creation of the document is manu aliena – "by the hand of another" (the paralegal) – even though the intellectual content and legal responsibility belong entirely to the attorney.
• Signing on behalf of another: A business owner, traveling abroad, grants a power of attorney to their trusted assistant to sign a critical contract for a new office lease. When the assistant signs the lease agreement, they are doing so manu aliena – "by the hand of another" – legally binding the business owner through their delegated authority.
• Corporate record-keeping: During a board meeting, the directors make several important decisions. The corporate secretary, whose role includes maintaining official records, then drafts the detailed minutes of the meeting, documenting all resolutions and discussions. The act of writing these official minutes is manu aliena – "by the hand of another" (the secretary) – on behalf of the board, accurately reflecting their collective actions and decisions.