The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-07-04
The Law Of Seals.

A seal was originally . device Of
ignorant nations. It furnished those
who we're unable to write with q method
of signing legal papers. In old times
cattle, furniture, ornaments, and other
mo. able things which, In law, are
called personal property" were, when
sold, transferred to the buyer by mere
~ giving him possession. OF them.
Among uncivilized nations, land is the
best kind of property, inasmuch as the
owner always knows where it is. 1t
cannot be stolen and hidden away out
of sight. On account of this value the
early English land owner was required,
by law, to have something more than
mere possession to show his right to
hold his land.
From the earliest times until within
two hundred years, few of our. English
ancestors, even of the upper class, could
sign their names. The priests and
"~scriveners" professional writers) held
a monopoly Of the art. People felt
that the sword, not the pen, was the
proper weapon for q gentleman. Now,
q figure impressed on some tenacious
substance was the hardest thing to imi-
tate. The workmen of those days
could not, with their rude tools, make
two designs exactly alike. A forged
seal could be detected in q moment.
Lead was sometimes used, but wax was
commonly employed, because it melts
easily and hardens quickly.
When q sale of land was made, q
a scrivener wrote the deed, the seller
sealed it with his private seal, and hand
ed it to the buyer. The latter then
took possession of the property and all
was done. The buyer was then sure
that the land was his, for the seller
could not, in the face of the seal, deny
that he had been paid, OF that he had
sealed the deed. This rule prevented
long and troublesome lawsuits.
The law is the same to-day, though
the rule has been modified a little. A
piece of paper, gummed on one side, is
now commonly used as a seal. In some
of the Western States, the letters l..
S.. in parentheses are a good seal.
These are the initial letters of the Latin
words locus sigilH, and in English
mean "the place of the SEAL" In other
States a flourish of the pen is used in
stead of a seal.
Companies working under a charter
from the Government are allowed to
indent their special seal into the paper
of their deeds, but a printed fac smile
of their seal is not good.
In one case, by special exception, q
seal may be inquired into. If q sealed
agreement is made not to pursue a par
ticular trade or occupation in a State
or country, it is void. 1t is contrary
to the public good to permit these so
called agreements in restraint OF
trade" They r binding if they do
no not include too great q territory. A
physician, for instance, may bind him
self by an agreement not to practice in
1 certain town, though if he agreed not
TO practice in a whole State his con-
tract would be void.
A seal is of value when q part of q
bill is paid and q receipt in full taken.
Ii under seal, the creditor cannot OBJ
tain the balance of the bill; but without
| \ seal the receipt is valid only for the
amount actually paid.
Formerly seals were required on al
most all written agreements; but now
, adays, with the exception of contracts
relating to land and few other papers,
the seal is unnecessary. Many lawyers
, OF the old school place them upon al
: written Instruments, on the groune
that they may do good and cannot dc
harm. This is a good plan, for, though
/, not necessary, it is policy to make lega
: papers as strong as possible.
r Agents to make contracts under sea
; must have written authority under sea
to do so. Otherwise the agreement
! will not bind the persons for whom
e they ect. But if the agent, withou
; such authority, puts a seal upon a pa
per not requiring one, it is valid
. As il would have been valid withou
Il q seal, the law treats it as III unsealet
agreement.
These laws are kept out Of respec
for their ancient value. As they ar
|. not necessary, it IS probable that the.
will he soon abolished.