Seal

Anciently, wax with an impression. Sigillum est cera impressa quia cera sine impressione non est sigillum. 3 Inst. 169; 21 Pick. (Mass.) 417; 2 Caines (N. Y.) 362. In more modern law, wax, wafer, or any tenacious substance upon which an impression may be made. 5 Cush. (Mass.) 359; 5 Johns. (N. Y.) 239. In many of the states, a scroll made with a pen or printed (4 111. 12), such as the letters "L. S.") (5 Wis. 549), or the word "Seal" (28 Grat. [Va.] 627), is held sufficient, and in some states this holding Is independent of statute (4 Ark. 195; 5 Cal. 315). See"L. S."

An Impression upon wax, wafer or some other tenacious substance capable of being impressed. Allen v. Sullivan R. Co., 32 N. H. 449; Solon v. Williamsburgh Sav. Bank, 114 N. Y. 132, 21 N. E. 168; Alt v. Stoker, 127 Mo. 471, 30 S. W. 132; Bradford v. Randall, 5 Pick. (Mass.) 497; Osborn v. Kistler, 35 Ohio St. 102; Hopewell Tp. v. Amwell Tp., 6 N. J. Law, 175; Jones v. Logwood, 1 Wash. (Vat) 48. A seal is a particular sign, made to attest in the most formal manner, the execution of an instrument. Code Civ. Proc. Cal. § 1930. 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." R6pert. mot "8ceau."

— Common seal. A seal adopted and used by a corporation for authenticating its corporate acts and executing legal instrumento.
—-Corporate seal. The official or common seal of an incorporated company or association.

— Great seal. In English law. A seal by virtue of which a great part of the royal authority is exercised. The office of the lord chancellor, or lord keeper, is created by the delivery of the great seal into 'hir cnstody. There is one great seal for all pnblic acts of state which concern the United Kingdom. Mozley & Whitley. In American law, the United States and also each of the states bas and uses a seal, always carefully described by law, and sometimes officially called the "great" seal, though in some instances known simply as "the seal of the United States," or "the seal of the state."

— Private seal. The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.

— Privy seal. In English law. A seal used in making out grants or letters patent, preparatory to their passing under the great seni. 2 Bl. Comm. 347.

— Public seal. A seal belonging to and used by one of the bureaus or departments of government; for authenticating or attesting documents, process, or records. An impression made of some device, by means of a piece of metal or other hard substance, kept and used by public authority. Kirksey v. Bates, 7 Port. (Ala.) 534, 31 Am. Dec. 722,
—-Quarter seal. In Scotch law. A seal kept by the director of the chancery ; in shape and impression the fourth part of the great seal, and calied in stafutes the '"testimonial" of the great seal. Bell.

— Seal days. In English practice. Motion days in the court of chancery, so called because every motion had to be stamped with the seal, which did not lie in court in the ordinary sittings out of term. Wharton.

— Seal office. In English practice. An office for the sealing of judicial writs.

— Seal-paper. In English law. A document issued by the lord chancellor, previously to the commencement of the sittings, detailing the business to be done for each day in his court, and in the courts of the lords justices and vicechancellors. The master of the rolls in like manner issued a seal-paper in respect of the business to be heard before him. Smith, Ch. Pr. 9.

An impression on wax or wafer or other tenacious and impressible substance attached to a writing by way of execution; the substance so impressed; the instrument with which the impression is made; any device which the law permits as a substitute. At common law nothing less than such substance so impressed is a seal, — an impression in the paper or parchment on which the writing is made is not enough; but in many of the states the ancient rule is modified, in some a wafer or wax unimpressed being sufi Bcient, and in others a mere scroll or flourish of the pen.

In English law. The sitting of a court

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.