A MANUAL OF CONVEYANCING. Ꭼ Ꭱ Ꭱ Ꭺ Ꭲ Ꭺ. Page 62, Ans. 120, line 3, for "is," read "it." ,, 266, Ans. 560, last line of paragraph (2), for "Declaration," read "Declarator." ,, 345, Ans. 736, after "warrant," insert "or." The most ancient mode of authenticating deeds in Scotland was by the granter adhibiting the sign of the cross, which betokened a solemn resolution to abide by the writ, and was viewed as an amulet for preserving it from injury. Among the 1 Ersk. 3, 2, 6; Menzies Lect. 70 (72). 2 Park, M. 8449; and 5 Br. Supp. 539; E. of Hopetoun, 6th March, 1856, 18 D. 739.(a) (a) In the opinion of Lord Curriehill in this case, Park is referred to as a leading authority. B A MANUAL OF CONVEYANCING. PART I-DEEDS IN GENERAL. I. SOLEMNITIES OF DEEDS. 1. What is the design of solemnities in the execution of deeds? The design of the solemnities of execution is to guard against error and fraud, and to impress the deed with such credentials that it shall obtain faith in judgment as being truly the act of the granter. These solemnities, by affording locus pœnitentiæ, are also intended to prevent parties from being surprised into transactions of moment." 2. What was the most ancient mode of authenticating deeds in Scotland? The most ancient mode of authenticating deeds in Scotland was by the granter adhibiting the sign of the cross, which betokened a solemn resolution to abide by the writ, and was viewed as an amulet for preserving it from injury. Among the 1 Ersk. 3, 2, 6; Menzies Lect. 70 (72). 2 Park, M. 8449; and 5 Br. Supp. 539; E. of Hopetoun, 6th March, 1856, 18 D. 739.(a) (a) In the opinion of Lord Curriehill in this case, Park is referred to as a leading authority. B Saxons, such persons as could sign also subscribed their names besides making a cross; and the names of witnesses present were usually inserted at the close of the deed. The signature of the cross was succeeded by monograms, containing a combination of the letters of the parties' names with those of a tutelary saint; and, afterwards, seals were introduced.1 3. Give an outline of the history of the custom of sealing writs; and by whom was the practice introduced into England? Several instances of the use of seals occur in the sacred writings. Royal mandates were thus authenticated in the East, for in the book of Esther it is said, that "the writing which is written in the king's name, and sealed with the king's ring, may no man reverse;"2 and in an account of the purchase of a field, in Jeremiah, the passage occurs, "I subscribed the evidence and sealed it, and took witnesses, and weighed him the money in the balances."3 From the East, the custom of sealing was introduced among the Greeks and Romans, and from the latter it was acquired by the Franks. William the Conqueror established this method of authentication in England, and it continued the sole method of attesting writings in that country till the reign of Charles II., when the Saxon custom of signing was revived.3 4. How was the authenticity of a sealed deed ascertained? The authenticity of a deed under seal was ascertained by comparing the seal with the impression; and if the granter confessed in court that the impression was genuine, he was bound to warrant the writ and "to impute to his own evil keeping of the sele, gif he incurs ony damage or skaith throw the negligent keeping thereof." For the detection of frauds practised by the counterfeiting of seals, all freeholders were ordained, by the Act 1429, c. 130, to compear personally at the sheriffs' head courts, or send attorneys, with the seal of their arms. 1 Ross Lect. i. 123; Menzies Lect. 73 (75); Dickson 348 (§ 636). 2 Esther viii. 8. 3 Jeremiah xxxii. 10. Evid. i. 4 Ross Lect. i. 123. 7 Reg. Maj. 3, 8, 4. 8 Ross Lect. i. 124. |