Writing

The act of forming by the hand letters or characters of a particular kind, on paper or other suitable substance and artfully putting them together so as to convey ideas. The word “writing,” when not used in connection with analogous words of more special meaning, is an extensive term, and may be construed to denote a letter from one person to another. But such is not its ordinary and usual acceptation. Neither in legislative enactments nor in common intercourse are the two terms “letter” and “writing” equivalent expressions. In law the term “writing” is much more frequently used to denote legal instruments, such as deeds, agreements, memoranda, bonds, and notes, etc. In the statute of frauds the word occurs in that sense in nearly every section. But in its most frequent and most familiar sense the term “writing” is applied to books, pamphlets, and the literary and scientific productions of authors; U. S. v. Chase, 135 U. S. 258, 10 Sup. Ct. 756, 34 L. Ed. 117. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing is understood printing, and sometimes printing and writing mixed.

See Ilenshaw v. Foster, 9 Pick. (Mass.) 312.

A theatre ticket is the subject of forgery. “Printing” is “writing” in the legal sense of the term, and an instrument, the words of which are printed either wholly or in part, is equally valid with an instrument written by a pen; In re Benson, 34 Fed. C52; Benson v. Mc Mahon, 127 U. S. 467, 8 Sup. Ct. 1240, 32 L. Ed. 234. Many contracts are required to be in writing; all deeds for real estate must be in writing, for it cannot be conveyed by a contract not in writing, yet it is the constant practice to make deeds partly in printing and partly in writing. Wills, except nuncupative wills, must be in writing, and signed by the testator; and nuncupative wills must be reduced to writing by the witnesses within a limited many other engagements must, from their nature, be made in writing. The notes of a stenographer, taken when the witness gives his oral testimony in court, is a “taking in writing,” as required by a statute; Nichols v. Harris, 32 La. Ann. 648. See Alteration; Forgery; Frauds, Statute of; Language; Sale; Typewriting; Stenographer; Signature; Will.