EXECUTION OF DEED, the performance of the ceremonies required by law in order to make a deed binding and effectual. These ceremonies inEngland consist in signing, sealing, and delivering. According to the ancient common law of England, signature was not necessary to a deed. By 29 Car. II. c. 3 (statute of frauds), signing was required for almost all deeds. But it is still a question which has not been positively decided whether, when a seal is used, it is necessary that the parties should sign. When a party, from any cause, is unable to write, it is usual for him to place his mark in the place of signature. But a mark is unnecessary, and signature by another, at request of the party, is enough. Sealing is the most ancient form of authentication of deeds. In England, deeds are technically known as deeds under A seal is absolutely essen tial to the validity of an English deed, but any species of sea] is sufficient, and in prac tice a common wafer is usually appended. Delivery is the third requisite to authen ticate a deed. Delivery may be made either to the grantee or to another person for him. In the former case, the deed becomes absolute; in the latter, it is called an escrow', and does not acquire its full effect till the conditions are fulfilled. 'Witnesses are not absolutely required to a deed in England, but in practice it is usual that one witness should attest. Before execution, a deed must be read, if required, by a party to it; and if not read, it is void as to the party requesting. Where a person is ordered in chancery to execute a deed or other instrument, and is in prison for failure to comply with the order, the court may make an order that the instrument be executed by the officer of the court; and the execution having been so made, the instrument is equally valid as if siped by the party. The execution of wills in England is regulated by 7 Will. IV. and
1 Vict. c. 26. By this statute it is required that every will shall be signed at the foot or end by the testator in presence of two witnesses. See WILL.
• In Scotland, sealing was formerly an essential requisite for execution; but that practice was by 1384 c. 4 dispensed with in regard to registered deeds, and has long fallen into disuse. The solemnities of execution are now regulated by the old acts 1540 c. 117, and 1681 c. 5. By the former of these acts, the signature of the maker of the deed is required, and by the latter, the presence of two witnesses is made essential. In order to a valid execution of a deed or will in Scotland, it is necessary that the maker should sign in the presence of two witnesses, or should in their presence acknowledge his signature, and that the witnesses should then sign their own names, writing after them the word " witness." In case the maker of the deed cannot write, the deed is signed in his presence by two notaries, in presence of four witnesses. But in case of a will, one notary and two witnesses are sufficient. A deed thus witnessed is received as conclusive proof of the facts against the maker. Subscription by initials has been per mitted in Scotland. But this mode of execution is irregular, and where it has been adopted, proof has been required that de facto the signature was so made. There is one exception to the rule that witnesses must attest the signature—viz., that of a deed or other instrument the whole or the essential parts of which are holograph, i.e., in the testator's handwriting, being valid without witnesses. Bills and promissory notes, receipts, and mercantile accounts do not require to be holograph or attested.