Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1913-06-05
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ANCIENT LAW CUSTOMS
THAT STILL SURVIVE

pertaining TO certain forms OF relig-
ion and Of their somewhat remark
able persistence in materialistic II
not skeptical age, survival that is
but incompletely explained by the
difficulty Of differentiating faith
from .credulity, or by the tendency
old as the human race-to attrib-
ute natural phenomena to supsTnat+
ural causes ana to magnify both BY
tradition. Though not so much dis
cussed, the law also has its little
superstitions Notwithstanding the
prevalent conception of that science
as cold. Unconditional and severely
/ logical, says Bench and Bar.
For instance what useful purpose
Is served by inserting in bond, con-
ditioned for the payment Of money
a 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 COM
mon use today contain the ancient
penal clause. BY the letter of such q
bond the obligee is clearly entitled
to recover the full penal sum on the
obliger's default in paying the sum
specified in the condition. But has
the obligee for these two or three
hundred years, ever been allowed to
recover more than the actual debt
with interest and costs?
BY another common practice deeds
are made to recite that the grant Is
made Gin consideration Of the sum
of 81, good and lawful money OF the
! United States of America, to me in
hand paid, the receipt whereof
hereby acknowledge" or some equi-
valent formula. The idea that a
deed must express a consideration
AZ internationally and equally fixed APP
peared to be the superstition that q
consideration of 81 is quite as Ell
fective as a consideration common
surate with the value Of the estate
granted. Lawyers learned in the
law of real property know better
of course, but such is the popular
notion. It is elementary that as be-
tween the parties a deed is per-
fectly valid without any considera'
ton at all; otherwise there could
be no such thing as conveyance by
way of gift.
Why do we begin a. will with al
invocation to the Deity and recita
that the testator is "of sound mine
and .disposing memory Does thu
former aid the testator spiritually
and does the latter furnish any evi
dence of his testamentary capacity
j And why do we so often insist on at
taching a seal opposite the tesla
TORS signature? Our statutes do no
require will to be sealed, Wherefore
the seal is wholly superfluous, a.
the law books have long advised us
| Then there is the invariable Gus
tom of writing ''ss" after the. venue
of an affidavit or an. acknowledge
lment. What legal efficacy do thes'
two letters possess? How man
lawyers even know what they mean
LIT is only lately, we believe, that
painstaking author Of a very use
lful little book succeeded, after mucl
ANTIQUARIAN research among the pip
trolls and other interesting lore, Il
| i ascertaining the original signifi
i canoe of the abbreviation, which
] "scaslcat" or "to-wit." The omis
sion of the letters is now quite I'm
material.
Many generations OF lawyer
learned in equity pleadings have 10
lowed the ancient practice OF COZ
GLIDING a bill of complaint with tn
solemn assurance ''and thus you
orator will ever pray, etc" Appal
emily no modern lawyer knew wn'
that decandated formula meant, III
til recently we'll known author ra
1.-The thing to its lair among the al
cient rolls of the court of chancel
and found that before 1t lost I
tail it was a prayer for the healt
land longevity of the king.
These are only few OF the s.
perstitions that have survived Il
days when the trial by battle an
Il the criminality of witchcraft wei
finally eliminated from that la
which is our proud heritage ar
which has been SO fondly praise
as "the perfection of human re
SON."