Loading ...
Sorry, an error occurred while loading the content.
 

seals

Expand Messages
  • mobinem@aol.com
    Stuff I copied from the web: Seals for electors _Transmission of Certificates of Ascertainment to NARA_
    Message 1 of 2 , Apr 27, 2007
       
       
      Stuff I copied from the web:
       

      Seals for electors

       Transmission of Certificates of Ascertainment to NARA
      The Ascertainment lists the names of the electors appointed and the number of votes cast for each person. The States prepare seven originals authenticated by the Governor's signature and the State seal. One original and two certified copies are sent to the Federal Register (the remaining six are attached to the electoral votes at the State meetings). The Governors must submit the certificates "as soon as practicable," after their States certify election results. They should be transmitted no later than December 13 (but Federal law sets no penalty for missing the deadline).

         

      In a foreign country, a “certificate legalizing

      or authenticating the signature of a person executing an instrument

      concerning real property and to which a civil-law notary or notary

      public of that country has affixed her or his official seal is

      sufficient as an acknowledgment.”

       

      Inkan (Jituin) or registrered personal seales are used widely inJapan in matters such as those involving debit and credid or property registration and confirming a parson's approval or identification. Registered foreign residend 15years of age or older can receive Personal Seal Registration Card, which is necessary at the time of issue of a Personal Seal Registreation Certificate.
      (Fee:300yen) 

      Noun

      1.

      special contract - a contract that is signed and has the (wax) seal of the signer attached

      Sealed Instrument One that is signed and has the seal of the signer attached. "To render a contract a sealed instrument, it must be so recited in the body of the instrument and a seal or scroll must be placed after the signature." 16 S.E. 2d 502, 504. A sealed contract was a formal contract (as opposed to a contract without a seal which was called a simple contract) and is often called a contract under seal; such a contract did not require consideration atcommon law, Corbin, Contracts §252 (one-vol. Ed. 1952); a deed under seal likewise required no consideration. Today any symbol, even the word "seal" or the letters "L.S." printed on a form, will, if so intended, constitute the necessary seal. Statutes have eliminated most of the special effects of sealed instruments at common law in most of the states, though a number of states continue the common law significance of sealed instruments. Even in many states which have purported to abrogate these effects, longer periods for enforcing debts founded upon sealed instruments exist under their statutes of limitations. See id. §254.

      Under the Uniform Commercial Code, the use of a seal is intended to have no effect upon the transaction; the use of a seal "does not constitute the writing of a sealed instrument and the law with respect to sealed instruments does not apply." U.C.C. §2-203.

      PART I. ADMINISTRATION OF THE GOVERNMENT

       TITLE I. JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL COURT, STATUTES AND PUBLIC DOCUMENTS

       

      CHAPTER 4. STATUTES

       

      Chapter 4: Section 9A. Recital giving unsealed instrument effect of sealed instrument; “person” defined 

      Section 9A. In any written instrument, a recital that such instrument is sealed by or bears the seal of the person signing the same or is given under the hand and seal of the person signing the same, or that such instrument is intended to take effect as a sealed instrument, shall be sufficient to give such instrument the legal effect of a sealed instrument without the addition of any seal of wax, paper or other substance or any semblance of a seal by scroll, impression or otherwise; but the foregoing shall not apply in any case where the seal of a court, public office or public officer is expressly required by the constitution or by statute to be affixed to a paper, nor shall it apply in the case of certificates of stock of corporations. The word “person” as used in this section shall include a corporation, association, trust or partnership

      AS 09.10.040. Action Upon Judgment or Sealed Instrument in 10 Years.

      (a) A person may not bring an action upon a judgment or decree of a court of the United States , or of a state or territory within the United States , and an action may not be brought upon a sealed instrument, unless the action is commenced within 10 years.

      (b) [Repealed, Sec. 54 ch 132 SLA 1998].

       

      Contracts: Parties: Suit on a Sealed Instrument
      Michigan Law Review, Vol. 30, No. 3 (Jan., 1932), pp. 462-464
      doi:10.2307/1281134
      This article consists of 3 page(s).

       

       

      THE STATE OF SOUTH CAROLINA
      In The Court of Appeals


      Appellant seeks to invoke the twenty-year statute of limitations applicable to “sealed instruments.”  S.C. Code Ann. § 15-3-520(b) (Supp. 2003).  We concur with the circuit court and find the parties to the contract did not intend the contract to be under seal.  The circuit court, therefore, properly applied the general three-year statute of limitations and dismissed Appellant’s claims.  We affirm. 

      FACTS

      CMH and Stedner sought dismissal based on the general three-year statute of limitations.  CSI countered with the argument that the lease contract was made under seal and was subject to the twenty-year statute of limitations.  The circuit court found the contract was subject to the three-year statute of limitations and dismissed CSI’s claims.  This appeal followed.

      DISCUSSION

      I.

      The lease provides in part: “IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____ day of December, 1996.”  The date of the contract’s execution was written in the appropriate blank space, and the parties signed the contract.  In essence, CSI asserts this language, standing alone, evidences the parties’ intent to seal the contract as provided by South Carolina Code section 15-3-520(b) of the South Carolina Code. [1]   We disagree.

      As a general rule, a three-year statute of limitations applies to contract actions in South Carolina.  S.C. Code Ann. § 15-3-530(1) (Supp. 2003).  Section 15-3-520 provides a twenty-year statute of limitations for certain actions.  S.C. Code Ann. § 15-3-520 (Supp. 2003). It is the “sealed instrument” provision of section 15-3-520(b) on which CSI rests its hopes to avoid application of the standard statute of limitations. Section 19-1-160 provides:

      Whenever it shall appear from the attestation clause or from any other part of any instrument in writing that it was the intention of the party or parties thereto that such instrument should be a sealed instrument then such instrument shall be construed to be, and shall have the effect of, a sealed instrument although no seal be actually attached thereto.

      In Treadway v. Smith, 325 S.C. 367, 479 S.E.2d 849 (Ct. App. 1996), we considered whether a non-sealed separation agreement entered into by former spouses was intended to be a sealed instrument, and thus subject to the twenty-year statute of limitations. [2]   The agreement included future, contingent obligations, especially as related to Smith’s responsibility for a portion of the parties’ children’s educational expenses.  The agreement further contained the standard attestation clause—“In WITNESS WHEREOF, the parties have hereunto set their respective Hands and Seals”—found in many contracts.  Id. at 378, 479 S.E.2d at 855.  Immediately following this standard language in conspicuous type, was: 

      SIGNED SEALED AND DELIVERED IN THE PRESENCE OF

      [signatures of parties and witnesses]

      Id.  We concluded that the language manifested the parties’ intent to create a sealed instrument.

      File No.:  26971.

       

      2000:  January 27; 2000:  July 20.

       

      Present:  Gonthier, Major, Bastarache, Binnie and Arbour JJ.

       

      on appeal from the court of appeal for ontario

       

       

      Contracts -- Sealed contracts -- Mortgages -- Mortgage agreement entered into by corporation acting as agent of undisclosed prncipals ‑‑ Mortgage executed under  seal of corporation ‑‑ Corporation defaulting on mortgage and mortgagee suing undisclosed principals ‑‑ Common law rule preventing undisclosed principals from being sued on contract executed by their agent when contract executed under seal ‑‑ Whether sealed contract rule applies to corporate agent -- Whether sealed contract rule should be abolished.

       

      Contracts -- Sealed contracts -- Intent ‑‑ Evidence -- Creation of sealed contract requiring intent to create instrument under seal -- Whether attachment of corporate seal to agreement constitutes evidence of intent to create sealed instrument -- Statutory provisions may render intent irrelevant.

       

      As a general rule, an undisclosed principal may sue or be sued on a simple contract entered into on his or her behalf by an agent.  The sealed contract rule is a well-established exception to that general rule: when a contract is executed under seal, an undisclosed principal can neither sue nor be sued upon the contract.  The exception stems from the rule that only parties to a sealed instrument may have obligations and rights under it.  The sealed contract rule operates within a system of rules relating to sealed instruments, all of which are derived from the fact that a sealed instrument is enforceable by virtue of the form of the instrument itself.  The English Court of Appeal’s decision  in Harmer did not create an exception to the sealed contract rule nor did it recognize any legal relationship upon which a third party can sue a beneficiary.

       

       

      The sealed contract rule is part of the common law of Canada and applies equally to individual agents and corporate agents.  Subject to exceptions set out by statute, a corporation has the same powers and capacities as a natural person and there is no principled basis upon which to treat corporations differently.  While it is clear that the sealed contract rule applies to corporate agents, the attachment of a corporation’s seal to an agreement may not be sufficient in all circumstances to constitute a sealed contract within the meaning of the sealed contract rule.  The creation of a sealed instrument requires formalities that must be observed.  A sealed instrument must be signed, sealed and delivered and the application of the seal must be a conscious and deliberate act.  The relevant question is whether the parties intended to create an instrument under seal.  Corporate seals, in many circumstances, are equivalent to the signature of a natural person, and therefore, merely affixing a corporate seal may not be evidence of an intent to create a sealed instrument.  Courts must examine the instrument and the circumstances surrounding its creation to determine intent.  Statutory provisions, however, may render intent irrelevant.  In this case, s. 13(1) of the Land Registration Reform Act, 1984 rendered intent irrelevant by making all documents transferring an interest in land, and charges or discharges, sealed instruments for all purposes including the application of the sealed contract rule.

       

      15-2-6.   Actions on state judgments and sealed instruments. Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within twenty years after the cause of action shall have accrued:

                   (1)      An action upon a judgment or decree of any court of this state;

                   (2)      An action upon a sealed instrument, except a real estate mortgage.

      Source: SDC 1939, § 33.0232 (1); SL 1945, ch 144; SL 1949, ch 128, § 1.

       



      John C., of the family Stuart
      623-206-4339
      mobinem@...
      c/o postal service location
      21001 N. Tatum Blvd. Suite 1630472
      Phoenix, Arizona republic cf 85050 cf

      John C.: Stuart is a Sovereign natural flesh and blood man.
      All rights reserved
      Without Prejudice
      Sovereign's confidentiality notice; This private email
      message, including any attachment(s)is for the sole use
      of the intended recipient and may contain privileged
      and confidential information. Any/all political, private
      or public entities, International, Federal, State, or
      Local corporate government(s), private International
      Organization(s) Municipality(ies), Corporate agent(s),
      informant(s), investigator(s) et. al., and/or third party
      (ies) working in collusion by monitoring my email(s), and
      any other means of communication without my permission
      are barred from any unauthorized review, use,
      disclosure, or distribution. With explicit reservation of
      all my rights, without prejudice and without recourse to
      any of my rights. Any omission does not constitute a
      waiver of any and/or all intellectual property rights or
      reserved rights. Notice to Principal is notice to Agent,
      Notice to Agent is Notice to Principal.

      This message (including any attachments) contains confidential
      and/or proprietary information intended only for the addressee. 
      Any unauthorized disclosure, copying, distribution or reliance on
      the contents of this information is strictly prohibited and may
      constitute a violation of law.  If you are not the intended
      recipient, please notify the sender immediately by responding to
      this e-mail, and delete the message from your system.  If you
      have any questions about this e-mail please notify the sender
      immediately.




      See what's free at AOL.com.
    • mobinem@aol.com
      Another update on seals: If you have been following my updates on the seal issue you will notice the change on my e-mail disclaimer. There is an important
      Message 2 of 2 , May 10, 2007

         

        Another update on seals:
        If you have been following my updates on the seal issue you will notice the change on my e-mail disclaimer. There is an important reason for this drastic change. None of that old stuff applies to any one that has a seal. UCC, statutes, codes, etc. apply to corporations, slaves, persons and all the other fictions. People that have seals are real,and the seal is self evident of that fact.
        You may want to study the treaty of France 1784. I have highlighted certain areas for I thought might surprise some people and edited some of the articles that are not important in this discussion.

        The points I am trying to make:

        1) documents don't count until sealed

        2) the treaty has never been revoked so any entity claiming states are not sovereign is in violation of this treaty

        3) France, sorry to say, saved our butt before we ever saved theirs

        4) our founding father's were, again sorry to say, esquires

        5) our country was founded In the Name of the Most Holy and Undivided TRINITY.

        6) the men that did this knew things about how real governments work that we don't and the fact they all had seals is probably not a coincidence.

        7) violating a man's sovereignty and/or his seal is a direct violation of the treaty that founded this country

         

        Documents from the Continental Congress and the Constitutional Convention, 1774-1789

        By the United States in Congress assembled, a proclamation : Whereas definitive articles of peace and friendship, between the United States of America and His Britannic Majesty, were concluded and signed at Paris, on the 3rd day of September, 1783 ... we have thought proper by these presents, to notify the premises to all the good citizens of these United States ...

        By the UNITED STATES in CONGRESS Assembled,
        A PROCLAMATION.

        WHEREAS definitive articles of peace and friendship, between the United States of America and his Britannic majesty, were concluded and signed at Paris, on the 3rd day of September, 1783, by the plenipotentiaries of the said United States, and of his said Britannic Majesty, duly and respectively authorized for that purpose; which definitive articles are in the words following.

        In the Name of the Most Holy and Undivided TRINITY.

        IT having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince George the Third, by the Grace of God, King of Great-Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c. and of the United States of America, to forget all past misunderstandings differences, that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony: And having for this desirable end, already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris, on the 30th of November, 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in, and to constitute the treaty of peace proposed to be concluded between the crown of Great-Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great-Britain and France, and his Britannic majesty should be ready to conclude such treaty accordingly; and the treaty between Great-Britain and France, having since been concluded, his Britannic majesty and the United States of America, in order to carry into full effect the provisional articles abovementioned, according to the tenor thereof, have constituted and appointed, that is to say, His Britannic majesty on his part, David Hartley, esquire member of the parliament of Great-Britain, and the said United States on their part, John Adams, esquire, late a commissioner of the United States of America at the coast of Versailles, late delegate in congress from the state of Massachusetts, and chief justice of the said state, and minister plenipotentiary of the said United States, to their high mightinesses the States General of the United Netherlands; Benjamin Franklin, esquire, late delegate in congress from the state of Pennsylvania, president of the convention of the said state, and minister plenipotentiary from the United States of America at the court of Versailles; John Jay, esquire, late president of congress, and chief justice of the state of New-York, and minister plenipotentiary from the said United States at the Court of Madrid, to be the plenipotentiaries for the concluding and signing the present definitive treaty, who after having reciprocally communicated their respective full powers, have agreed upon and confirmed the following articles.

        ARTICLE 1ST. His Britannic Majesty acknowledges the said United States, viz. New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, to be free, sovereign and independent states: that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof:

        ARTICLE. 2d. “states boundaries”

        ARTICLE. 3 “says we can fish in the ocean”

        ARTICLE 4th. It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.

        ARTICLE 5th. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his majesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the Thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties, as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states, that the estates, rights and properties of such last mentioned persons shall be restored to them; they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation. And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

        ARTICLE 6th. “ending prosecution of soldiers”

        ARTICLE 7th. There shall be a firm and perpetual peace between his Britannic Majesty and the said States, and between the subjects of the one, and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease: all prisoners on both sides shall be set at liberty, and his Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States and from every post place and harbour within the same; leaving in all fortifications the American artillery that may be therein, and shall also order and cause all archives, records deeds and papers, belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

        ARTICLE 8th. The navigation of the river Missisippi, from its source to the Ocean, shall forever remain free and open to the subjects of Great-Britain and the citizens of the United States .

        ARTICLE 9th. In case it should so happen that any place or territory belonging to Great-Britain or to the United States, should have been conquered by the arms of either from the other, before the arrival of the said provisional articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation.

        ARTICLE 10th. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the contracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we the undersigned, their ministers plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto.

        DONE at Paris , this third day of September, in the year of our Lord one thousand seven hundred and eighty-three.
        (L.S.) D. HARTLEY, (L.S.) JOHN ADAMS,
        (L.S.) B. FRANKLIN,
        (L.S.) JOHN JAY.

        AND we the United States in Congress assembled, having seen and duly considered the definitive articles aforesaid, did by a certain act under the seal of the United States, bearing date this 14th day of January 1784, approve, ratify and confirm the same and every part and clause thereof, engaging and promising that we would sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner as far as should be in our power: and being sincerely disposed to carry the said articles into execution truly, honestly and with good faith, according to the intent and meaning thereof, we have thought proper by these presents, to notify the premises to all the good citizens of these United States, hereby requiring and enjoining all bodies of magistracy, legislative, executive and judiciary, all persons bearing office, civil or military, of whatever rank, degree or powers, and all others the good citizens of these States of every vocation and condition, that reverencing those stipulations entered into on their behalf, under the authority of that federal bond by which their existence as an independent people is bound up together, and is known and acknowledged by the nations of the world, and with that good faith which is every man's surest guide within their several offices jurisdictions and vocations, they carry into effect the said definitive articles, and every clause and sentence thereof, sincerely, strictly and completely.

        GIVEN under the Seal of the United States , Witness his Excellency THOMAS MIFFLIN, our President, at Annapolis , this fourteenth day of January, in the year of our Lord one thousand seven hundred and eighty-four, and of the sovereignty and independence of the United States of America the eighth.
        ANNAPOLIS: Printed by JOHN DUNLAP, Printer for the United States in Congress assembled.

         

         
        John-Chester: Stuart: sovereign without subjects

        623-206-4339
        mobinem@...
        c/o postal service location
        21001 N. Tatum Blvd. Suite 1630472
        Phoenix, Arizona republic cf 85050 cf




        See what's free at AOL.com.
      Your message has been successfully submitted and would be delivered to recipients shortly.