Wkitik'g

Words traced with a pen, or stamped, printed, engraved, or made legible by any other device.^ The expression of ideas by visible letters — on paper, wood, stone, or other material. When a, statute or usage requires a "writing," it must been paper or parchment; but it is not essential that it be in ink; it may be in pencil. This rule applies to promissory notes, book accounts, a will or a signature thereto, applications for insurance, and the like.' The notes of an official stenographer, taken when a witness testifies in court, is a taking "in writing." ' A judicial order by telegraph is an order " in writing," ' Compare Subscribe. Under a statute which provides that an officer may assign tax certificates " by writing " his name in blank, with his character added, the officer may ' 3 Bl. Com. 282. '^ Walker, American Law, 514. ' 4 Bl. Com. 427. 4 Wheeler v. North. Col. Irrigation Co., 9 Col. 251 (1886), cases. 5 Henshaw v. Foster, 9 Pick. 313 (1830), Parker, C. J., quoting La. Penal Code. "Myers v. Vanderbelt, 84 Pa. 513-14 (1877), cases; Chitty, Contr. 91; Story, Prom. Notes, § 11; Byles, Bills, 134; 1 Eedf. Wills, § 17, pi. 3; City Ins. Co. v. Bricker, 91 Pa. 490 (1879).; 2 Bl. Com. 297. ' Nichols V. Harris, 32 La. An. 646 (1880). " stamp " his name and character, with intent to assign a certificate. ' A printed theater ticket is a "writing " which may be made the subject of forgery at common law.= A contract, required to be "in writing," may not need the signatures of both parties.' Words written prevail over words printed: the former are the immediate language of the parties; the latter, a general formula adapted to all cases, as, in the case of a policy of insurance, or a lease.* Ancient writings. Deeds, wills, and other instruments more than- thirty years old. May be read in evidence without other proof of execution than that they have been in the possession of those claiming rights under them. The evidence of such ancient documents is admitted upon the ground that, although between strangers, they are of such character as usually accompanies transfers of title or acts of possession, and purport to form a part of actual transactions referring to coexisting subjects by which their truth can be tested, and there is deemed to be a presumption that they are not fabricated. But plottings for plans and fieldnotes are memoranda only, which may never have been acted upon.* The rule is that an ancient deed may be admitted in evidence, without direct proof of its execution, if it appears to be of the age of at least thirty years, when it is found in proper custody, and either possession under it is shown, or some other corroborative evidence of its authenticity, freeing it from all just grounds of suspicion.* After the lapse of thirty years, the witnesses are presumed to be dead... The rule applies to all kinds of deeds, where the instrument comes from the custody of the proper party claiming under it, or entitled to its custody.' More or less credit has always been attached to ancient documents without other proof of authenticity than that of their production from proper depositories. Where any document purporting or proved to be thirty years old is produced from its proper custody, every part which purports to be in the handwriting of a particular person is presumed to be authentic. This exception to the general rule of evidence rests upon a conceded necessity, and applies not only to formal instrumentB, such as wills, bonds, and 1 Dreutzer v. Smith, 56 Wis. 297 (1882), cases. = Be Benson, 34 F. R. 649 (1888); Benson v. Mc Mahon, 127 IT. S, 467 (1888). 'Hightower v. State, 73 Ga. 482 (1884); Wofford v. Wyly, ib. 863 (1884). * James v. Lycoming Ins. Co., 4 Cliit. 289-91 (1874), cases; 3 Kent, 260; 1 Whart. Ev. § 926, cases. » Boston Water Power Co. v. Hanlon, 133 Mass. 484 (1882), Devens,.J. «Applegate v. Lexington, &o. Mining Co., 117 U. S. 263 (1886), cases, Wodds, J.; Fulkerson v. Holmes, ib. 389 (1886); Williams v. Conger, 126 id. 417, 397 (1888). ' Winn V. Patterson, 9 Pet. *675 (1835), Story, J. See other deeds, but to receipts, letters, entries,— all ancient writings. ' Compare Possession, Adverse. Public writings. The recorded acts of public functionaries, in the executive, legislative, and judicial departments of government; the transactions which official persons are required to enter in books in the discharge of their public duties, and which occur within the circle of their personal knowledge.2 Also spoken of as judicial or non- judicial, and, as to their proof, as those which are of record or not of record. See generally Alteration, 3; Blank, 2; Cancel; Certainty, S; Construction; Deed, 2; DocokENT; False; Frauds, Statute of; Grammar; Handwriting; Illiterate; Instrument, 2, 3; Mail, 2; Obligatory: Obscene; Parol; Photograph-; Reading; Record; Reform; Subp<ena, 3, Duces; Underwriter; Will, 2,