The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-05-09
ODD LEGAL SUPERSTITIONS.
Many Curious SurTivaIs of the Anci-
ent Law Customs.

We hear much of the superstitions
pertaining to certain forms Of religion
and of their somewhat remarkable
persistence in materialistic if not
skeptical age, survival that is but in
completely explained by the difficulty
or differentiating faith from credulity
or by the tendency-old as the human
races-to attribute natural phenome-
ma to supernatural causes and to mag
Nifty both by tradition. Though not
so much discussed, the law also has
it's little superstitions Notwithstanding
the prevalent conception of that sci
ence as cold, Unconditional and severely
! logical.
For instance, what useful purpose is
served by inserting in bond, condi-
toned for the payment of money,
penal sum of twice the amount of the
actual debt? Bonds have been thus
drawn since the days of Lord Coke,
and the printed forms in use today
contain the ancient penal clause. By
the letter of such bond the obligee is
clearly entitled to recover the full pc
nal sum on the obliger's fault in
paying the sum specified in the condi-
ton. But has the obligee, for these
two or three hundred years, ever been
allowed to recover more than the act
ual debt with interest and costs?
| By another common practice deeds
are made to recite that ''the sum of
u, good and lawful money of the
United States of America, to me in
hand paid, the receipt whereof here
by acknowledge" or some equivalent
formula. The idea that a deed must
express consideration is ineradicable
and equally fixed appears to be the
superstition that consideration Of 81,
is quite as effective as consideration
commensurate with the value Of the
estate granted. Lawyers learned in
the law of real property know better,
of course, but such is the popular no.
(! ton. 1t is elementary that as between
the parties, deed is perfectly valid
without any consideration at all; 9TH
erwise there could be no such thing
as a conveyance by way of gift.
Why do we begin a will with an in
! vocation to the Diety, and a recital
that the testator is of Sound mind
and disposing memory" Does the
former aid the testator spiritually and
does the latter furnish any evidence
of his testamentary capacity? And
why do we so often insist on attaching
seal opposite the testator's sigma
ture? Our statutes do not require a
will to be sealed, wherefore the seal
| is wholly superfuous, as the law books
have long advised us.
Then there is the invariable custom
of writing "ss" after the venue Of an
affidavit or an acknowledgment.
What legal efficacy do these two let
ters possess? How many lawyers even
know what they mean? 1t is only
lately, we believe, that the painstaking
author of very useful little book sue
ceeded, after much antiquarian re-
search among the pipe rolls and other
interesting lore, in ascertaining the
original significance of the abbrevia-
ton, which is "scilicet," or ito wit"
The omission of the letters is now
quite imlnaterial
Many generations of lawyers learn
ed in equity pleading, have followed
the ancient practice of concluding
bill of complaint with the solemn as
surance. "And thus your orator will
ever pray, &C." Apparently no mod
ern lawyer knew what the decaudated
formula meant, until recently a we'll
known author ran the thing to its lair
among the ancient rolls of the court
of chancery and found that Cbefore
it lost its taiD it was prayer for the
health and logevity Of the king!