Subscribing Witness

One who subscribes his name to a writing in order to be able at a future time to prove its due execution; an attesting witness. In order to make a good subscribing witness, it is requisite he should sign his name to the instrument himself, at the time of its execution, and at the request or with the assent of the party. 6 Hill (N. Y.) 303; 11 SUBSCRIPTIO (Lat. from subscribere).

In the civil law. A writing under, or underwriting; a writing of the name under or at the bottom of an instrument by way of attestation or ratification; subscription. The subseriptio testium (subscription of witnesses) was one of the formalities in the execution of wills, being required by the imperial constitutions in addition to the seals of the witnesses. Inst. 2. 10. 3. That kind of imperial constitution which was granted in answer to the prayer of a petitioner who was present. Calv. Lex. SUBSCRIPTION (Lat. sub, under, scribo, to write). The placing a signature at the bottom of a written or printed engagement, or it is the attestation of a witness by so writing his name; but it has been holden that the attestation of an illiterate witness by making his mark is a sufficient subscription. 7 Bing. 457; 2 Ves. Sr. 454; 1 Atk. 177; 1 Ves. Jr. 11; 3 P. Wms. 253; 1 Ves. & B. 392. "Subscribe," according to both its popular and literal signification, requires a signature at the end of a document. 4 Colo. 282. See "Signature; Subscribe." The act by which a person contracts, in writing, to furnish a sum of money for a particular purpose; as, a subscription to a charitable institution, a subscription lor a book, for a newspaper, and the like.

One who subscribes his name to a writing in order to be able at a future time to prove its due execution. An attesting witness. name to the instrument himself, at the time of Its execution, and at the request or with the assent of the party; Hollenback v. Fleming, 6 Hill (N. Y.) 303; 11 M. & W. 168; Mullen v. Mc Kelvy, 5 Watts (Pa.) 399. The practice is, if the subscribing witness cannot be produced, to prove his signature, and that proves the signature of the maker of the instrument. If the subscribing witness Is out of the jurisdiction, and no person can be found within the jurisdiction who can prove his handwriting, the handwriting of the obligor may be proved. Quaere whether, if the handwriting of the witness is proved, that of the obligor ought not (o be also; Clark v. Sanderson, 3 Binn. (Pa.) 192, 5 Am. Dec. 368. Wigmore, Code of Evidence, states the rule that the attesting witnesses to a document must first be called as being applicable only where attesting witnesses to a document are required by law. The attesting witnesses must first be called, or it must be shown that their testimony is unavailable — the witnesses being dead, or outside the jurisdiction, or cannot be found, etc. It may be shown that the document is more than thirty years old, raising a presumption that the witnesses are dead. The rule does not apply, because of an estoppel or some other rule of positive law, or because of a rule of pleading or a judicial admission, or if the opponent claims under the same instrument, but not because it was merely produced by the opponent.