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Writing

printing, term, deeds and wills

WRITING. The act of forming by the haid 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 con nection 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 en actments 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, mem oranda, bonds, and notes, etc. In the statute of frauds the word occurs in that sense in nearly every section. But in its most fre quent 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 form ation of words ou paper or other proper sub stance by means of a stamp. Sometimes by writing is understood printing, and some times printing and writing mixed. See Hen shaw v. Foster, 9 Pick. (Mass.) 312. A thea

tre ticket is the subject of forgery. "Print ing" is "writing" in the legal sense of the term, and an instrument, the words of which are printed either wholly or in part, is equal ly valid with an instrument written by a pen ; In re Benson, 34 Fed. 652 ; Benson v. McMahon, 127 U. S. 467, 8 Sup. Ct. 1240, 32 L. Ed. 234.

Many contracts are required to be in writ ing ; all deeds for real estate must be in writ ing, for it cannot be conveyed by a contract nth' 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 testa tor ; and nuncupative wills must be reduced to writing by the witnesses within a limited time after the testator's death.

Records, bonds, bills of exchange, and many other engagements must, from their nature, be made in writing.

The notes of a stenographer, taken when the witness gives his oral in court, is a "taking in writing," as required by a statute; Nichols v. Harris, 32 La. Ann. 648.

See ALTERATION; FORGERY; FRAUDS, STAT UTE OF; LANGUAGE; SALE; TYPEWRITING; STENOGRAPHER; SIGNATURE ; WILL.