writing

letters," and insist that even if the general phrase " other publication " is allowed to apply to the word, the sending or mailing a letter by one person to *261 another is a sufficient publication to bring a letter within the statute, as is held tc be the case in an action of slander and libel.

In the most general sense of the word, "writing" denotes a document, whether manuscript or printed, as opposed to mere spoken words. Writing is essential to the validity of certain contracts and other transactions. Sweet.

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.

The expression of ideas by letters visible to the eye; the outward, visible form in which the contract, will or direction of a person is expressed; a thing written; a written instrument or document Writing obligatoi'y: the name by which a bond is described in pleading.

evidence. It isa general rule that comparison of hands ig not admissible. But to this there are some exceptions; in some instances when the antiquity of the writing makes it impossible for any living witness to’swear that he ever saw the party write, comparison of hand-writing, with documents known to be in his hand-writing, has been admitted. 7 East, 282; B. N. P. 236; Anthon’s N. P. 98,n.; 8 Price, 653;.11 Mass. R. 309; 2 Greenl. R. 33; 2 Johns. Cas. 211; 1 Esp. Cas, 351; 1 Root, 307; Swift’s Ev. 29; 1 Whart. Dig. 245; 5 Binn. R. 349; Addison’s R. 33; 2 Mc Cord, 518; 1 Tyler, R. 4.