Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-19

Mr.. PLUMBER: | will state, Mr.
Speaker that either l voted in the
affirmative or else nobody did
The SPEAKER: The Chair under
stands the gentleman from Lisbon has
right to state his position as to his
vote. and if he voted in the affirma-
tive the Chair will rule that he has a
right to move to reconsider; and as
the Chair understands the remarks of
the gentleman from Lisbon Mr.. Plum
naer, be did so vote III the affirmative;
and that being the case, the Chair
rules the point of order is not well
taken.
Mr.. PUMMER: Air Speaker, | do
not propose to recapituate the argu-
ment that / made the other day, if il
may he SC termed. l merely wish to
state my reason for making the mo-
ton TO reconsider. | found, after the
House adjourned on Thursday there
was some misunderstanding en- the part
! of some of the members as to the
meaning of the term seal as men
/ TONED in the bill IT was apprehended
or mis- apprehended by some that the
/ term seat even included an I'm
preston seal, such as is used by cor
porations or by officers OF organiza-
tions 70 attest their signatures.
The bill, as | understand it, and as
it is intended. merely applies to the
little wafer seal that is usually at
tached, or is supposed to be attached
and in fact is attached To certain legal
documents without which such doe
ument, for instance deed of land
/ ie,, 4 4.
as | understand it. in the registeries of
deeds in the several counties unless
such document has this little sticker
on it. There were also certain gentle
men who have told me since that time
| of certain transactions in which they
were engaged where the fact that the
seal had 10 be used was considerable
disadvantage. Whether any of these
| gentlemen, today, care to make any
! explanation of the subject, / do not
know. II they do hot, | am ready To
have the question put to a vote.
| Mr.. SMITH of Pressure Isle: Mr..
| Speaker, / have no desire to detain the
| House in a discussion of this matter,
! but 1T Is a matter of some considera-
| BILE Importance. | have listened and
| listened attentively for the gentleman
| from Lisbon mir Plummer) to give
one single, solitary reason why this
ancient custom of attaching seals to
certain documents should be dispensed
with. So far, | nave heard no reason
that he has given. not single. soil
tary one. He has given no more infor-
| nation or reason as to why seals
should lie dispensed with than there is
int aa buT .iJ p
a grave stone concerning the virtues
of the deceased whose resting place il
marks.
Now, We have in this State TWO
classes of written contracts, one under
seal and the other not sealed; and seal
ed contracts include deeds and bonds
/ want to discuss with you for few
moments the matter of contracts. A
contract, uner the definition given by
Bowler, one of the great law writer's
and one who probably had as much
knowledge of the law as the gentleman
from Lisbon (Mr. Plummer)--a con-
tract. as defined by Bowler, is an
agreement upon sufficient consider
alton to do or not to do particular
thing. In other words, contract must
have To- support it q consideration, be-
fore il can be enforced. il must have
consideration back of it; that is one
of the essential elements Of contract,
that il must nave a consideration.
As | have stated, contracts are sim
pie and Special that is. contracts un
der seal. Now, | want to discuss with
YOU the matter of deed, which is one
of the most important instruments
that we have in this State, an instru-
meht which Is The evidence of title to
you1 real estate. The law assumes that
contracts are not entered into lightly.
that is. that great cafe. thought and
elaboration enter into the formation
of every contract. What are the ele-
ments that enter into the making of a
deed, one Of the most important con
tracts we have in this State? First. the
law says that after the parties have
agreed upon the terms. a meeting of
their minds as ii is termed that the
contract shall be reduced to writing
That is the first step, the reducing of
the contract, of the deed to writing:
the second step, which implies still
more deiiberation is the signing of the
deed; and then comes the third step, !
which implies still more elaboration.
theoretically at least. the affixing of .
the coal that little red wafer that the