SEAL - Steven J. Coker
Subject: SEAL
From: Steven J. Coker
Date: September 24, 1998

Extracted From:
   A LAW DICTIONARY ..., SIXTH EDITION, 1856
   by John Bouvier
   CHILDS & PETERSON, PHILADELPHIA

SEAL, conveyancing, contracts. A seal is an impression upon wax, wafer, or some
other tenacious substance capable of being impressed. 5 Johns. R. 239. Lord Coke
defines a seal to be wax, with an impression. 3 Inst. 169. "Sigillum," says he,
"est cera impressa, quia cera sine impressione non est sigillum." This is the
common law definition of a seal. Perk. 129, 134; Bro. tit. Faits, 17, 30; 2 Leon
21; 5 John. 239; 2 Caines, R. 362; 21 Pick. R. 417. 
   But in Pennsylvania, New Jersey, and the southern and western states
generally, the impression upon wax has been disused, and a circular, oval, or
square mark, opposite the name of the signer, has the same effect as a seal the
shape of it however is indifferent; and it is usually written with a pen. 2
Serg. & Rawle, 503; 1 Dall. 63; 1 Serg. & Rawle, 72; 1 Watts, R. 322; 2 Halst.
R. 272. 
   A notary must use his official seal, to authenticate his official acts, and a
scroll will not answer. 4 Blackf. R. 185. As to the effects of a seal, vide
Phil. Ev. Index, h.t. Vide, generally, 13 Vin. Ab. 19; 4 Kent, Com. 444; 7
Caines' Cas. 1; Com. Dig. Fait, A 2. 
   Merlin defines a seal to be a plate of metal with a flat surface, on which is
engraved the arms of a prince or nation, or private individual or other device,
with which an impression may be made on wax or other substance on paper or
parchment, in order to authenticate them: the impression thus made is also
called a seal. Repert. mot Sceau; 3 McCord's R. 583; 5 Whart. R. 563. 
   When a seal is affixed to an instrument, it makes it a specialty, (q.v.) and
whether the seal be affixed by a corporation or an individual the effect is the
same. 15 Wend. 256. 
   Where an instrument concludes with the words, "witness our hands and seals,"
and is signed by two persons, with only one seal, the jury may infer, from the
face of the paper, that the person who signed last, adopted the seal of the
first. 6 Penn. St. Rep. 302. Vide 9 Am Jur. 290-297; 1 Ohio Rep. 368; 3 John.
470. 12 ohu. 76; as to the origin and use of seals, Addis. on Cont. 6; Scroll. 
   The public seal of a foreign state, proves itself; and public acts, decrees
and judgments, exemplified under this seal, are received as true and genuine. 2
Cranch, 187, 238; 4 Dall. 416; 7 Wheat. 273, 335; 1 Denio, 376; 2 Conn. 85, 90;
6 Wend. 475; 9 Mod. 66. But to entitle its seal to such authority, the foreign
state must have been acknowledged by the government, within whose jurisdiction
the forum is located. 3 Wheat. 610; 9 Ves. 347. 

SEAL-OFFICE, English practice. The office at which certain judicial writs are
sealed with the prerogative seal, and without which they are of no authority.
The officer whose duty it is to seal such writs is called "sealer of writs;" 

SEALS, matters of succession. On the death of a person, according to the laws of
Louisiana, if the heir wishes to obtain the benefit of inventory, and the delays
for deliberating, he is bound as soon as he knows of the death of the deceased
to whose succession he is called, and before committing any act of heirship, to
cause the seals to be affixed on the effects of the succession, by any judge or
justice of the peace. Civ. Code, of Lo. art. 1027. 
   In ten days after this affixing of the seals, the, heir is bound to present a
petition to the judge of the place in which the succession, is opened, praying
for the removal of the seals, and that a true and faithful inventory of the
effects of the succession be made. Id. art. 1028. 
   In case of vacant estates, and estates of which the heirs are absent and not
represented, the seals, after the decease, must be affixed by a judge or justice
of the peace within the limits of his jurisdiction, and may be fixed by him,
either ex officio, or at the request of the parties. Civ. Code of Lo. art. 1070.
The seals are affixed at the request of the parties, when a widow, a
testamentary executor, or any other person who pretends to have an interest in a
succession or community of property, requires it. Id. art. 1071.; They are
affixed ex officio, when the presumptive heirs of the deceased do not all reside
in the place where be died, or if any of them happen to be absent. Id. art 1072. 
   The object of placing the seals on the effects of a succession, is for the
purpose of preserving them, and for the interest of third persons. Id. art.
1068. 
   The seals must be placed on the bureaus, coffers, armoires, and other things,
which contain the effects and papers of the deceased, and on the doors of the
apartments which contain these things, so that they cannot be opened without
tearing off, breaking, or altering the seals. Id. art. 1069. 
   The judge or justice of the peace, who affixes the seals, is bound to appoint
guardian, at the expense of the succession, to take care of the seals and of the
effects, of which an account is taken at the end of the proces verbal of the
affixing of the seals; the guardian must be domiciliated in the place where the
inventory is taken. Id. art. 1079. And the judge; when he retires, must take
with him the keys of all things and apartments upon which the seals have been
affixed. lb. 
   The raising of the seals is done by the judge of the place, or justice of the
peace appointed by him to that effect, in the presence of the witnesses of the
vicinage, in the same manner as for the affixing of the seals. Id. art. 1084.
See, generally; Benefit of Inventory, Succession; Code de Pro. Civ. 2e part.
lib. 1, t. 1, 2, 3; Dict. de Jurisp. Scelle.

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