PUBLICATION. The act by which a thing is made public, It differs from pro.melgetien, which see; and see. also, Tenllier, Civ. Fr. titre Priiialinaire, a for tbe difference in the whining 9f Was two words.
I 2,, Fnblication has different meaning& !When applied to a, law, it signifies the retn Ideving pnblic the existence of tJle when , it relates to the opening the depositions taken in a case in chancery, it means that liberty I . • is given to the officer in whose custody the depositions of witnesses in a cause are lodged, , either by consent of parties, or by tbe rules or orders of the court, to show the deposititme openly, and to give out copies of them. Pract. Reg. 297 ; Blake, Chanc. Prod. 143. And when spoken of a will, it signifies that the testator has done some act from which it oan be concluded that he intended the instru ment to operate as his will. Cruise, Dig. tit. 38, c. 5, s. 47 ; 3 Atk. Ch. 161 ; 4 Me. 220; 3 Rawle, Penn. 15 ; Corayns, Dig. Estates by Devise (E 2). See Comyris, Dig. Chancery (Q). As to the publication of an award, see • 6 N. H. 36.
3. A libel may be published either by 1, speaking or singing, as where it is mall °lonely repeated or sung in the presence of others, or by delivery, as when a libel, or a copy of it, is delivered to another. A libel may also be published by. pictures or signs, as by painting another in an ignominious manner, or making the sign of a gallows, or other reproachful and' ignominious sign, upon his door or before his house. If the libel is. contained in a letter addressed to the plain tiff; this is not evidence of a publication sufficient to support a civil action ; although it would be otherwise in an indictment for Howl. But if the letter, though addressed to the plaintiff, was forwarded during his known absence, and with intent that it should be opened and read by his family, clerks, or confidential agents, and it is read by them, it is a sufficient publioation, If it was not opened by others, even though it were not sealed, it is no publication. Heard, Lib. (k
Sland. R264, 265. In a recent case the publi cation relied en was a sale of a copy of a newspaper to a person sent by the plaintiff to procure it, who, on receiving it, carried it to the plaintiff It was held that this was a suffi cient publication to the agent to sustain an action. 14 Q. B. 185. A sealed letter or other communication delivered to the wife of the plaintiff' is a publication within the meaning of the law. 13 C. B. 836 ; Spene. N. J. 209. If the libel be published in a newspaper, proof that copies were distributed, and that the clerk of the printer received payment for them, is evidence of publication. 3 Yeates, Penn. 128. Ip criminal cases, the publication must be proved to have been mad@ within the county where the trial is had. If it was contained in a newspaper printed in another state, yet it will be sufficient to prove that it was circulated and read within the county. ; Pick. Mass. 304. If it was written in one county and sent by post to a person in an other, or if its publication in another county be otherwise consented to, this is evidence of a publication in the latter county. 7 East, 65; 12 How. St. Tr. 331, 332. If a libel is written in one county with intent to publish it in another, and it is accordingly so pub lished, this is evidence sufficient to charge the party in the county in which it was written. 4 Barnew. & Add. 95, 4. Uttering slanderous words in the pre sence of theperson slandered only is not a publication. It is immaterial that the words were spoken in a public place. The question for the jury is whether they were so spoken as to have been heard by third persons. 13 Gray, Mass. 304. It must also be shown that the words were spoken in the presence of some one who understend them. Words in a foreign language, whether spoken. ar written, must be proved te have been under stood lay those who heard or read them ; other" wise there is no publioation which is prejudi cial to the plaintiff. Heard, Lib, & Slaud. 263.