Seal

ed, public, courts and action

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The public seal of a foreign state proves itself; U. S. v. Johns, 4 Dail. (U. S.) 416, 1 L. Ed. 888; and public acts, decrees, and judgments exemplified under this seal are received as true and genuine ; Griswold v. Pitcairn, 2 Conn. 85; Lincoln v. Battelle, 6 Wend. (N. Y.) 475. But to entitle its seal to such authority the foreign state must have been acknowledged by the government within whose jurisdiction the forum is lo rated; U. S. v. Palmer, 3 Wheat (U. S.) 610, L. Ed. 471; 9 Ves. 347.

While an action of covenant will lie on an unsealed instrument In the state where executed, it will not lie in the state requir ing a sealed instrument to support such action ; Bank of U. S. v. Donnelly, 8 Pet. (U. S.) 362, 8 L. Ed. 974 ; nor is the rule dif ferent where, by the lex loci contractus, a scroll or other device is recognized as a seal, but is not in the state of the forum; Prentice v. Zane, 8 How. (IT. S.) 471, 12 L. Ed. 1160. Whether any seal is required upon a protest of a bill of exchange is determined by the lex loci contractus ; Pierce v. Indseth, 106 U. S. 546, 1 Sup. Ct. A18, 27 L. Ed. 254. A scroll does not amount to a seal of office; Hendrix v. Boggs, 15 Neb. 470, 20 N. W. 28 ; or a corporate seal; Bates v. R. Co., 10

Allen (Mass.) 251.

The absence of a seal from a writ of at tachment does not invalidate the writ, it being in a new county and not yet provided with one; Wehrman v. Conklin, 155 U. S. 329, 15 Sup. Ct. 129, 39 L. Ed. 167.

The seal of a notary public is taken judi cial notice of the world over: 2 Esp. 700 ; Browne v. Bank, 6 S. & R. (Pa.) 484, 9 Am. Dec. 463 ; Chanoine v. Fowler, 3 Wend. (N. Y.) 173; Porter v. Judson, 1 Gray (Mass.) 175. Judicial notice is taken of the seals of superior courts; Com. Dig. Evidence (A 2) ; not so of foreign courts ; 3 East 221; except admiralty or marine courts; Church v. Hubbart, 2 Ora. (U. S.) 187, 2 L. Ed. 249; Thompson v. Stewart, 3 Conn. 171, 8 Am. Dec. 168. See Story, Confi. Laws § 643.

In Louisiana and other civil-law jurisdic tions the effects of a deceased person are taken into public custody by being sealed, and the details of the action of officials in connection therewith are carefully regulated by statute.

See Cooper v. Rankin, 5 Binn. (Pa.) 613, for some interesting history, and a sugges tion that the use of seals by persons be abol ished by law.

See BULL; PRIVY SEAL; SEAL OF THE UNITED STATES; SCROLL.

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