Page:The Green Bag (1889–1914), Volume 03.pdf/431

396 although the symbol "L. S." followed the signature.

"The printed letters 'L. S.,'" said Justice Mitchell, "following the signature literally import the 'place of the seal' — locus sigilli. They simply draw the attention of the signer to the place for making his seal. Unless there be some act or declaration of the signer showing his adoption of them as his seal, the instrument signed is a simple contract, and not a specialty. A place for a seal indicated by a printed blank is not a seal, and signing before it cannot imply a seal in that place wherein none is made."

The superstition surrounding the seal has not unnaturally led even lawyers into the absurdity of attaching them to wills where they are utterly useless, since signing rather than sealing is relied on for authentication. This one instance of an extreme case in which a seal need not be used must suffice for this article, for there are many technical and arbitrary distinctions in the law relating to seals, knowledge of which the layman may reach only through a fee to his legal adviser, and even then he "pays his money and takes his choice." Enough to say of the effect of a seal, that it is held to impart a consideration for the deed, though none is expressly stated; it estops the party from averring anything contrary to the deed when by the same words in a simple contract he would not be estopped, and extends the limitation of the presumption of payment to twenty years, while on simple contracts the limitation is six years. It is pretty well settled in this State that when a seal is necessary, the courts will adopt anything,—scrawl, scroll, letter, or dash; but where a seal is not necessary they will not regard anything as a seal which is not strictly one.

The origin of seals is lost in the obscurity of unhistorical times, but that they were in use for the authentication of writings in the days of the Patriarchs is shown by the Books of Esther, Kings, Daniel, and Jeremiah. At all times, from then to now, they have had the same purpose, to give greater solemnity to contracts. Traces have been found in the Assyrian, Babylonian, and Persian explorations. From the East the seal travelled into Greece, thence to imperial Rome. From Rome its use extended among the nations of the continent of Europe, where it prevailed during the Middle Ages. From the eighth to the twelfth century it was confined in Europe to kings and persons of high official position. Subsequently sealing became general among all classes until the revival of learning made it possible for men of the lower, and, in fact, sometimes of the upper, classes of society to -subscribe their names. Since writing has become common and the distinctive character of the seal lost, sealing has become almost a hollow form, and legal enactments in different States are gradually tending toward its abolition.—Ex.