Publication

The act by which a thing is made public. It differs from promulgation, which see; and see, also, Toullier, Dr. Civ. Fr. titre Priliminaire, n. 59, for the difference in the meaning of these two words. Publication has different meanings. When applied to a law it signifies the rendering public the existence of the law; when it relates to the opening of the depositions taken in a case in chancery, it means that liberty is given to the officer in whose custody the depositions of witnesses in a cause are lodged, either by consent of parties, or by the rules or orders of the court, to show the depositions openly, and to give out copies of them; Pract. Reg. 297; Blake, Ch. Pr. 143. And when spoken of a will it signifies that the testator has done some act from which it can be concluded that he intended the in- Dec. 263; Appeal of Barnet, 3 Rawle (Pa.) 16; Com. Dig. Estates by Devise (E 2). See Com. Dig. Chancery (Q). As to the publication of an award, see Hunt v. Wilson, 6 N. H. 36. Some of the state constitutions provide that general laws shall not take effect till published. The mode of publication is for the legislature to determine. A general law printed in a volume of private laws was held to have been published; In re Boyle, 9 Wis. 264; but an unauthorized publication is no publication; Clark v. Janesville, 10 Wis. 136. In Pennsylvania, where the constitution did not require publication, it was held to be necessary before an act could be operative; but nevertheless that publication in the legislative journals was sufficient, and that neglect to publish an act in the pamphlet laws did not invalidate the act; Peterman v. Huling, 31 Pa. 432. An inaccuracy in the publication of a statute which does not change its substance or legal effect, will not invalidate the publication; Smith v. Hoyt, 14 Wise. 252; a joint resolution of a general nature must be published; State v. Board, 4 Kan. 261.

See Cooley, Const. Lim. 189; Promulgation.

See Copyright; Patent; Newspaper; Liberty op the Press. A commercial agency book is a publication; Ladd v. Oxnard, 75 Fed. 703. In a contract for the sale of a serial publication, the word intends the completion of the series; 49 Can. L. J. 161.

See Libel.