PUBLICATION. The act by which a thing is made public.
It differs from promulgation, which see; and see, also, Toullier, Dr. Civ. Fr. titre Preliminaire, n. 59, for the difference in the meaning of these two words.
Publication has different meanings. When applied to a law it signifies the rendering public the existence of the law; when it re lates to the opening of the depositions taken in a case in chancery, it means that liberty is given to the officer in whose custody the depositions of witnesses in a cause are lodg ed, either by consent of parties, or by the rules or orders of the court, to show the depositions openly, and to give out copies of them ; Pract. Reg. 297; Blake, Ch. Pr. 143. And when spoken of a will it signifies that the tesator has done some act from which it can that he intended the in strument to operate as his will ; 3 Atk. 161 ; Small v. Small, 4 Green]. (Me.) 220, 16 Am.
Dec. 253; Appeal of Barnet, 3 Rawle (Pa.) 15; Cora. Dig. Estates by Devise (E 2). See Com. Dig. Chancery (Q). As to the publi cation of an award, see Hunt v. Wilson, 6 N. H. 36.
Some of the state constitutions provide that general laws shall not take effect till published. The mode of publication is for the legislature to determine. A general law
printed in a volume of private laws was held to have been published; In re Boyle, 9 Wis. 264; but an unauthorized publication is no publication; Clark v. Janesville, 10 Wis. 136. In Pennsylvania, where the con stitution did not require publication, it was held to be necessary before an act could be operative; but nevertheless that publication in the legislative journals was sufficient, and that neglect to publish an act in the pam phlet laws did not invalidate the act; Peter man v. Huling, 31 Pa. 432. An inaccuracy in the publication of a statute which does not change its substance or legal effect, will not invalidate the publication; Smith v. Hoyt, 14 Wisc. 252; a joint resolution of a general nature must be published; State v. Board, 4 Kan. 261. See Cooley, Const. Lim. 189; PROMULGATION.
See COPYRIGHT ; PATENT ; NEWSPAPER ; LIB ERTY OP THE PRESS.
A commercial agency book is a publica tion; Ladd v. Oxnard, 75 Fed. 703.
In a contract for the sale of a serial pub lication, the word intends the completion of the series; 49 Can. L. J. 161. See LIBEL.