Seal

Originally, an instrument for impressing wax or wafer, as a means of attesting the genuineness and solemn intention of a writing; but it has come to be much more used, in law, to signify the impression thus made. Seal, v. -. to al Bx wax or wafer, suitably impressed, upon a writing, in token that the person whose name is subscribed has deliberately executed the instrument. In many of the states (Burrill says in the southern and western states, from New Jersey inclusive), enabling statutes have been passed allowing a scroll (q. w.) as a seal. But these are not to be considered as changing the meaning of the word seal, but as permitting something which is not properly a seal to be used in the place and perform the office of one. To constitute a seal, wax or something in the nature of wax, and capable of receiving an impression, must be affixed to the instrument. A scroll or scribble, or other device directly upon the paper on which an instrument is written, cannot be treated as a seal, unless by authority of statute.

Overseers of Hopewell v. Overseers of Amwell, 6 N. J. L. 169; Perrine v. Cheeseman, 11 Id. 174.

At common law, a seal is an impression upon wax, wafer, or some other tenacious substance. An Impression upon paper alone is not a seal, except where it has been made so by statute.

Coit v. Millilcin, 1 Den. 376; Warren v. Lynch, 5.Tohns. 239.

The impression of a distinctive corporate seal, upon the substance of the paper on which the instrument requiring a seal is written, is a good seal. Wax is not necessary to a seal. Corrigan v. Trenton, &c. Falls Co., 5 N. J. Eg. 52; Curtis v. Leavitt, suffleiently clear to be recognized, is a valid legal seal. History of the use of wax, and reasons why it should no longer be deemed essential to a seal, — stated.

Pillow V. Roberts, 13 How. 472; s. c. Hempst. 624; Fo Uett v. Rose, 3 Mc Lean, 332.

In Kew York, a stamp or impression of the seal of a corporation, like that of an individual, made directly on the paper, was formerly held a mere nullity.

Farmers' and Manufacturers' Bank v. Haight, 3 Hill {N. Y.), 493.

But now, in that state, the seal of a corporation may be made by impression directly on the paper.

Laws of 1848, 305, ch. 197, § 1; Rev. Stat. (5th ed.) 687, § 77.

The treasurer of a corporation, being authorized by a vote of the directors, procured " a corporate seal, bearing the title of the corporation, with the year of its charter," as required by statute, and the scrip issued by the corporation duly authorized and signed, bore a printed impression of this seal, with the title and date inscribed, and contained the words "in testimony of which the seal of said company," &c., is " hereunto affixed." It was held, in an action of covenant broken, that the instruments thus executed were sealed with the corporate seal. Though, at common law, the impression of a seal is not a seal, yet, under a statute providing that, whenever a seal is required to be affixed to a paper, the word seal shall be construed to mean the impression of such seal, made on paper alone. Bonds issued by a corporation, impressed with a seal declared on their face to be sealed, and accepted as such by the holders, are deemed to be under the corporate seal.

Woodman v. York & Cumberland E. R. Co., 50 Me. 549.

The word seal involves some act of a grantor or obligor, in executing an instrument, independent of his signature. Printing a figure to represent a seal, at the same time with, and as part of, the printing of a blank form of an obligation, to be afterwards signed by the obligor, cannot amount to a seal; for it leaves nothing to be done by the obligor, except a simple signature. Such a practice would be in derogation of the whole theory of sealing contracts. It was the fact that the obligor did two independent acts — first, that of signing, and, secondly, that of sealing — that, in the theory of the law, gave so much more solemnity to the contraitt, and imported so much greater deliberation, and, therefore, entitled it to be enforced, without any proof of a particular consideration or recital that it was for value received, as well as extended its vitality beyond the period of six years, and excepted it from the bar incident to all personal contracts which were merely signed by the promisor. Bates «.

Boston & N. Y. Central R. R. Co., 10 Allen, 251.