Encyclopædia Britannica, Ninth Edition/Deed

DEED is a contract in writing, sealed and delivered by the party bound to the party benefited, Contracts or obligations under seal are called in English law specialties, and down to a recent date they took precedence in pay ment over simple contracts, whether written or not. Writing, sealing, and- delivery are all essential to a deed. The signature of the party charged is not material, and the deed is not void for want of a date. Delivery, it is held, may be complete without the actual handing over of the deed ; it is sufficient if the act of sealing were accompanied by words or acts signifying that the deed was intended to be presently binding ; and delivery to a third person for the use of the party benefited will be sufficient. On the other hand, the deed may be handed over to a third person as an escrow (ecrit), in which case it will not take effect as a deed until certain conditions are performed. Such con ditional delivery may be inferred from the circumstances attending the transaction, although the conditions be not expressed in words. A deed indented, or indenture (so ealled because written in counterparts on the same sheet of parchment, separated by cutting a wavy line between them), is between two or more parties who contract mutually. The actual indentation is not now necessary to an indenture. A deed-poll (without indentation) is a deed in which one party binds himself without reference to any corresponding obligations undertaken by another party. See CONTRACT.