Gambar halaman




or officer exercising Judicial powers whose | WRIT OF SUPERSEDEAS.
proceedings are summary or in course differ-
ent from the common law, commanding the

See “Supersedeas."
latter to return the records of a cause pend-
ing before it to the superior court. Califor-WRITE-WRITING.
nia & O. Land Co. v. Gowen (U. S.) 48 Fed.
771, 775.

See “Indorse in Writing.” The office of the writ of review, which,

To write is to express our ideas by letters under the Oregon Code, is a special proceed- visible to the eye. The mode or manner of ing and sustains the same relation to the impressing those letters is no part of the Code of Civil Procedure that the writ of substance or definition of “writing.” Clason certiorari sustains to the common-law prac v. Bailey (N. Y.) 14 Johns. 484, 491. tice, is to review the records and proceedings of inferior courts, officers, or tribunals acting “Writing is the method of originally dein a judicial capacity, and in no other. It is veloping a composition, and of adding copies not the office of the writ to bring up the pro- made singly, letter by letter.” Keene v. ceedings of any other bodies or classes of Wheatley (U. S.) 14 Fed. Cas. 180, 192. public officers. Burnett v. Douglas County, 4 Or, 388, 389.

An averment, in a libel suit, that de

fendant "composed, uttered, wrote, and sent" Under Comp. Laws 1888, § 3778, it is to a third person certain libelous words conprovided that a writ of certiorari may be de- cerning the plaintiff, is a sufficient allegation nominated a writ of review. It is apparent of publication. Benedict v. Westover, 44 that the writ here designated is the common- Wis. 404. law certiorari, and hence the power of the court under it is the same as at common law,

The provision of Comp. St. p. 274, g 10, except as narrowed or enlarged by statute that no agent or attorney shall “write" or Gilbert v. Board of Police & Fire Com’rs, 40 draw up the deposition of any witness, etc., Pac. 264, 268, 11 Utah, 378.

does not prohibit a writing or drawing up of

a deposition which is a mere copy, but bas The writ of certiorari may be denom- reference to the composing or inditing of it. inated the writ of review. Code Civ. Proc. Moulton v. Hall, 27 Vt. 233. Cal. 1903, 1067; Comp. Laws Nev. 1900, $ 3530.

A person paying a tax stated orally to the clerk of the treasurer of a city that he

paid it under protest, and wished the clerk WRIT OF RIGHT.

to make a note of it. The clerk, acting under Certiorari as, see "Certiorari."

instructions from the treasurer to make a Habeas corpus as, see "Habeas Corpus.” note of all protests, written or oral, wrote Injunction as, see “Injunction."

upon the receipt given for the tax that it was Mandamus as, see "Mandamus."

paid under protest, and made a memorandum Writ of error as, see "Writ of Error."

to that effect on the books of the treasurer. Held, that there was not “a protest in

writing” by the person paying, within Gen. WRIT OF SCIRE FACIAS.

St. c. 12, § 56. Knowles v. City of Boston, See "Scire Facias."

129 Mass. 551, 554.

An order, signed by a judge, to the clerk WRIT OF SEIZURE AND SALE.

of the court, for its adjournment to a time The writ of seizure and sale is the final mentioned, by telegraph, is a "written order” process to enforce payment of a claim by the statute requiring such orders to be in

for such adjournment, within the meaning of the sale of property antecedently mortgaged to secure the debt, and operates only on the that it makes no difference if the writing is

writing. In this connection the court says property hypothecated. American Nat. Bank v. Childs, 22 South. 384, 386, 49 La. Ann. done with a steel pen an inch long attached

to an ordinary penholder, or whether the pen 1359.

be a copper wire a thousand miles long.

State v. Holmes, 56 Iowa, 588, 592, 9 N. W. WRIT OF SEQUESTRATION.

894, 41 Am. Rep. 121. See “Sequestration."


Perpendicular marks drawn across the WRIT OF SUBPENA.

letters of the signature of a testator to his See “Subpæna."

will were not "writings," within Laws 1880,

c. 36, and Laws 1888, c. 555, permitting the WRIT OF SUMMONS.

comparison of writings by experts. In re

Hopkins' Will, 65 N. E. 173, 174, 172 N. Y. See "Summons."

360, 65 L. R. A. 93, 92 Am. St. Rep. 746 (re






versing 73 App. Div. 559, 77 N. Y. Supp. 178, well as script. Benson v. McMahon, 8 Sup. and 35 Misc. Rep. 702, 72 N. Y. Supp. 415). Ct. 1240, 1246, 127 U. S. 457, 32 L. Ed. 234.

1 Comp. Laws, p. 235, $ 15, requiring noPencil.

tice in "writing” to be posted prior to an apA will written and signed with lead pen- plication for changing township boundaries, ell is “in writing,” within Act April 8, 1833, "may be construed to include printing, enrequiring wills to be in writing, to be valid. graving, and lithographing." Pelton v. OttaMyers v. Vanderbelt, 84 Pa. 510, 513, 24 Am.

wa County Sup’rs, 18 N. W. 245, 246, 52 Mich. Rep. 227; In re Tomlinson's Estate, 19 Atl. 517. 482, 133 Pa. 245, 19 Am. St. Rep. 137.

“Written," as used in Code 1876, § 4354, A writing in pencil is “writing” within providing that any person who sells or conthe common law and within the custom of veys any personal property upon which he merchants, and a statute requiring a contract has a written mortgage, lien, or a deed of to be in writing does not require that the trust, and which is then unsatisfied in whole sa me be written in ink. Geary v. Physic, 5 or in part, is guilty of a misdemeanor, will Barn. & C. 234, 238; Clason v. Bailey (N. Y.) be construed to mean written or printed. 14 Johns. 484, 491.

Johnson v. State, 69 Ala. 593, 596. The word "writing" embraces writing The word "writing,” in Election Law with a pencil, and hence an indorsement on 1891, § 23, authorizing a voter to prepare his

note with pencil is valid. Closson v. ballot by writing in the name of the candiStearns, 4 Vt 11, 23 Am. Dec. 245.

date in the blank space on the ticket, and

making a cross opposite thereto, does not inThe word “writing" does not necessarily clude the act of inserting the name of the mean a writing with ink, and hence, where a candidate by using a paster upon which the boo's of original entries is offered in evidence, name of the candidate is printed. McSorley the fact that the entries are written in lead v. Schroeder, 63 N. E. 697, 700, 196 Ill. 99. pencil is not a valid ground of objection. Hill v. Scott, 12 Pa. (2 Jones) 168, 169.

A forged order requiring the person to whom it was addressed to pay another for

corn, partly printed and partly written, the Printing, typewriting, engraving, lithographing.

signature for which was not completed un

til the blank for the attestation of the weighThe term “written words” includes printed words. Chaffin v. Lynch, 1 S. E. 803, 807, er was filled in by him with his initials, is

a “written instrument," within section 129 of 83 Va. 106.

the act relating to crimes and punishments. Printed votes are "written votes,” with State v. Lee, 4 Pac. 653, 656, 32 Kan. 360. in the meaning of Const. art. 3, c. 1, § 3, pro A written statement includes a printed viding that "every member of the House of form with its blanks properly filled in in writRepresentatives shall be chosen by written ing. Winn v. State, 5 Tex. App. 621, 623. votes." Henshaw v. Foster, 26 Mass. (9 Pick.) 312, 319. See, also, Opinion of Jus

"Writing,” as used in Gen. St. § 1094, tices, 7 Me. (7 Greenl.) 492, 495; Temple v. providing that in actions against the repreMead, 4 Vt. 535, 541; Fritts v. Kuhl, 17 Ati. sentatives of deceased persons no acknowl102, 107, 51 N. J. Law (22 Vroom) 191.

edgment or promise shall be sufficient evi

dence of a new or continuing contract to take In the requirement that an olographic the case out of the statute of limitations, unwill must be in the writing of testator, less the same be contained in some writing "writing" does not include printing, but must made or signed by the party to be charged be taken in its ordinary sense, as meaning to thereby, is not limited to words traced witb set down legible characters with pen and ink. a pen or pencil, but may include typewriting. Succession of Robertson, 21 South. 586, 587, In re Deep River Nat. Bank, 47 Atl. 675, 677, 49 La. Ann. 868, 62 Am. St. Rep. 672; In re 73 Conn. 341. Rand's Estate, 61 Cal. 468, 473, 44 Am. Rep. 555. Hence a will partly printed and partly cludes printing. Rev. St. Wyo. 1899, 88 2724,

The word "writing" or "written” inwritten is not a compliance with the statute. 5190 ; Code Civ. Proc. Mont. 1895, § 3463 ; In re Rand's Estate, 61 Cal. 468, 473, 44 Am. Pen. Code Mont. 1895, $ 7; Pol. Code Mont. Rep. 555.

1895, § 16; Civ. Code Mont. 1895, § 4662; A writing which is the subject of forgery Bates' Ann. St. Ohio 1904, $$ 1536-907, 3178, may include instruments printed or engraved, 4947, 6794; Rev. St. Okl. 1903, 88 2696, 5147; as well as those traced by the pen. Common- Pen. Code Tex. 1895, art. 30; Rev. St. Fla. wealth v. Ray, 69 Mass. (3 Gray) 441, 447. 1892, $ 1; Gen. St. Minn. 1894, 8 6842, subd, 8; See, also, In re Benson (U. S.) 34 Fed. 649, Pen. Code Cal. 1903, § 7; Negotiable Instru652.

ments Law N. D. $ 191; Rev. Codes N. D. 1899,

$ 1060; Rev. Laws Mass. 1902, p. 653, c. 73, § Where deeds, bonds, tickets, and the like 207; Civ. Code Ala. 1896, § 1; Code Supp. Va. are required to be in writing, the term "writ- 1898, § 2841a (Va. Code 1904, p. 1455); Ann. lng" should be held to include printing as Codes & Sts. Or. 1901, $82184, 4592; Pen.




Code N. Y. 1903, § 718; Cobbey's Ann. St. The words “written” and “in writing" Neb. 1903, $ 2376; O'Bryan v. State, 11 S. may be construed to include printing, enW. 443, 444, 27 Tex. App. 339.

graving, lithographing; and any other mode The word "writing" includes printing all cases where the written signature of any

of representing words and letters; but in and typewriting. Code Civ. Proc. Cal. 1903, $ 17; Rev. Codes N. D. 1899, 88 7723, 8506; person is required by law it shall always be

the proper handwriting of such person, or, in Code Cr. Proc. S. D. 1903, $ 639; Pen. Code

case be is unable to write, his proper mark, S. D. 1903, § 818; Civ. Code Cal. 1903, & 14.

or his name written by some person at his re The word "writing" includes printing, quest and in his presence. Rev, St. Wis. writing, and typewriting. Rev. St. Utab 1898, $ 4971. 1898, § 2498.

An instrument partly written and partly In the construction of statutes the words printed, or wholly printed, with a written "written” and “in writing" may include signature thereto, and any signature or writprinting, engraving, lithographing, and any ing purporting to be a signature of or inother mode of representing words and let tended to bind an individual, a partnership, ters; but, when the written signature of a or corporation, or association, or an officer person is required by law, it shall always be thereof, is a written instrument or a “writthe proper handwriting of such person, or, ing," within the provisions of this chapter in case he is unable to write, his proper (Pen. Code, c. 92a). Gen, St. Minn, 1894, $ mark. Gen. St. Minn. 1894, § 255, subd. 16. 6694. See, also, Rev. Code Del. 1893, c. 5, § 1, subd. 14; Rev. Laws Mass. 1902, p. 89, c. 8, § 5, Reading written notice. subd. 25; Code N. C. 1883, § 3765, subd. 10; The word “writing,” within the meaning Rev. St. Wyo. 1899, § 2724; Code Miss. 1892, of the act of Rhode Island (Dig. 1822, p. $ 1520; Gen. St. Kan. 1901, $ 7342, subd. 18; 246, § 3) providing that “no guardian shall Comp. Laws Mich. 1897, § 50, subd. 17; Mills' be appointed or removed under this act unAnn. St. Colo. 1891, § 4185, cl. 11; Horner's less all persons interested have had reasonAnn. St. Ind. 1901, § 240, subd. 9; Rev. St. able notice in writing, signed by the clerk Mo. 1899, § 4160; Shannon's Code Tenn. 1896, and served by the town sergeant or consta§ 62; Comp. Laws N. M. 1897, § 2900; V. S. ble,” imports more than the mere rendering 1894, 20; Pub. St. N. H. 1901, p. 64, c. 2, 8 of the order of the court. "I understand that 23; Code Iowa 1897, § 48, subd. 18; Code the notice must be a notice in writing, and W. Va. 1899, p. 133, c. 13, § 17; Pub. St. R. that the officer must leave with the party a I. 1882, p. 78, c. 24, § 20; Hurd's Rev. St. Ill. written notice from the clerk, or at least a 1901, p. 1720, c. 131, 1, subd. 15; Fletcher certified copy in writing thereof.” Hart v. v. Wall, 50 N. E. 230, 233, 172 Ill. 426, 40 L. Gray (U. S.) 11 Fed. Cas. 686, 687. R. A. 617; Ames v. Schurmeier, 9 Minn. 221, 222 (Gil. 206, 208); Brown v. McCormick, 28 Shorthand. Mich. 215, 217.

"Writing,” as used in Act 1976, No. 94, The terms "writing” and “written” in- relating to the jurisdiction of the Supreme clude every legible representation of letters Court when the depositions of witnesses have upon a material substance, except when ap- not been taken in writing in the inferior plied to the signature of an instrument court, embraces testimony taken on the trial Laws N. Y. 1892, c. 677, § 12.

of a case by a phonographer, though the The words "written” and “n writing” afterwards have been transcribed or trans

phonographic notes of the officer may never shall be construed to include any represen-lated into ordinary writing owing to some tation of words, letters, or figures, whether

accident. Nichols V. Harris, 32 La. Ann. by printing or otherwise. Code Va. 1887, 8

646, 648. 5 (Va. Code 1904, p. 7); Rev. St. Tex. 1893, art. 3270.

Stamp. The words "writing" and "written” in The word "writing,” in law, not only clude "printing” and “printed,” except in the means words traced with a pen or stamped. case of signatures, and where the words are but printed or engraved or made legible by used by way of contrast to printing. Writ- any other device. Haven v. Foster, 26 Mass. ing may be made in any manner, except that, (9 Pick.) 112, 19 Am. Dec, 353. A stamped when a person entitled to require the execu-indorsement of an assignment of a bill of tion of a writing demands that it be made lading held a sufficient compliance with the with ink, it must be so made. Rev. St. Okl. Arkansas statute requiring such assign1903, § 2810. See, also, Rev. Codes N. D. ments to be in writing. Horner v. Missouri 1899, § 5137; Civ. Code S. D. 1903, § 2471; Pac, Ry. Co., 70 Mo. App. 285, 291. Rev. St. Okl. 1903, § 2810.

Rev. St. $ 1140, providing that the counIn the construction of statutes, the word ty clerk or treasurer may assign tax cer"writing” includes printing and numerals. tificates "by writing his name in blank on Pen. Code Ga. 1895, § 2

the back thereof,” cannot be construed to re




quire that such writing be the “written sig- , sage written by the sender and filed with nature” of the official, but the statute is the telegraph company. Howley v. Whipple, complied with by a stamped signature. 48 N. H. 487, 489. Dreutzer v. Smith, 14 N. W. 465, 467, 56 Wis. 292

In criminal law.

The first question to be determined in Writing on slate.

considering whether a forgery has been comThe term “writing," within the meaning mitted is the legal signification of the term of the statute requiring wills to be in writing, "writing,” which appears in the definition does not include a writing on a slate, al- of forgery as the making or alteration of a though, strictly speaking, the term "writ- writing to the prejudice of another man's ing" is broad enough to include such a writ- rights. To say that any writing may be the ing, as a writing on a slate would not ac- subject of a forgery, disconnected from the complish the purposes intended to be accom- effect which this writing is to produce upon plished by the statute, which was to avoid others, is simply an 'absurdity, and therefore the uncertainty attending proof of nuncupat- the definitions restrict the meaning of the ive wills. Reed v. Woodward (Pa.) 11 Phila. word, and define the various writings, the 541, 542

fraudulent making or alteration of which will amount to forgery. To make or alter a writ

ing which either at common law or by statWRITING-WRITINGS.

ute was the subject of forgery, with intent See “False Writing”; “Public Writing." to defraud another or to the prejudice of anAffidavit as, see "Affidavit,"

other man's right, or which, if genuine, would Other writing, see "Other.”

operate as the foundation of another's lia

bility or the evidence of his right, is forgery. Worcester defines "writing" to mean Therefore, for a clerk or bookkeeper to alter anything written; a written paper of any figures in journal entries so as to conceal his kind. Thomas v. State, 2 N. E. 808, 811, 103 defalcation or abstraction of his employer's Ind. 419.

funds in his charge is forgery. Common

wealth v. Biles (Pa.) 3 Phila. 350, 351. Memorandum books containing entries of one's experiences and observations at differ "Writing," as used in Pen, Code, 88 514, ent times and places in the line of his busi- 515, providing that an officer of a corporaness, valuable to him for reference, are tion who falsifies or unlawfully alters any "writings," within Rev. St. $ 4281 (U. S. writing appertaining to its business, or any Comp. St. 1901, p. 2942), providing that, if other person who alters any writing with shipper shall lade writings as freight on any fraudulent intent, etc., belonging or appervessel without giving notice of the true char- taining to the business of a corporation, is acter and value thereof, the owner of the guilty of forgery, etc., means an executed vessel shall not be liable therefor. The St. instrument under the express provisions of Cuthbert (U. S.) 97 Fed. 340, 341.

section 513, and does not include a written

instrument of a claim for loss, falsified beIn construing the statute providing "that when a declaration or other pleading alleges passed off on the company as the true set

fore it was signed by the claimant, and that any person made, indorsed, assigned, or accepted any writing, no proof of the hand- tlement. People v. Underhill, 36 N. E. 1049, writing of such person shall be required, un- 1051, 142 N. I. 38. less the fact be denied by an affidavit with "Writing,” as used in a statute providthe plea which puts it in issue,” the court ing for the punishment of every person who, said: "I see no reason why the broad words with intent to cheat or defraud another, 'any person made any writing' should not be shall by color of any false writing obtain interpreted to include a letter concerning the signature of any person to a written the matter in controversy, alleged in any instrument, or obtain any valuable thing, pleading to have been written by any per- means some instrument, or at least letter-son"; and held that where a defendant in a something in writing, purporting to be the chancery suit in his answer alleged that al act of another, or certainly of some person. third person wrote a letter touching the mat- It cannot mean anything written on paper, ter in controversy, and filed with his answer not purporting to be of any force or efficacy, what purported to be the original letter, such but some instrument in writing or written letter would be regarded by the court as paper purporting to have been signed by some genuine, without any proof of the handwrit- person. People v. Gates (N. Y.) 13 Wend. ing, unless the fact of the writing of such 311, 320. letter by the person by whom it is purported to have been written is denied by an af costs of a justice of the peace, as used in

The word "writing" includes a bill of fidavit. Robinson v. Dis, 18 W. Va. 528, Code, & 5492, defining forgery as the fraudu542.

lent making or alteration of any writing to The rule that a writing itself is the best the prejudice of another's rights. It is a evidence thereof, as applied to a telegraph writing authorized, and in fact required, by message, is indicative of the original mes-law, to entitle a justice to receive payment





of his costs. If it is genuine, it has m- lications, etc., the United States Supreme doubted legal efficacy, and is the foundation Court say: "In the statute under consideraof legal liability; and if it be in due form, tions the word 'writing is used as one of a though not genuine, it may and will, if used, group or class of words—book,' 'pamphlet,' operate to the prejudice of another's rights. 'picture,' paper,' 'writing,' 'print- each of Luttrell v. State, 1 S. W. 886, 887, 85 Tenn. which is ordinarily and prima facie under(1 Pickle) 232, 4 Am. St. Rep. 760.

stood to be a publication, and the enumera

tion concludes with the general phrase 'or The words “writing" or "instrument,” other publication, which applies to all the as used in the Code of Criminal Procedure articles enumerated, and defines each with relating to passing, uttering, and publishing


quality indicated. It must forged instruments, covers every instrument therefore, according to a well-defined rule or writing not within the special definition of construction, be a published writing which and scope of prior sections; and a draft is is contemplated by the statute, and not a an instrument or writing within the statute. private letter on the outside of which there State v. Foster, 2 Pac. 628, 629, 30 Kan. is nothing but the name and address of the 365.

person to whom it is written." United

States v. Chase, 10 Sup. Ct. 756, 757, 135 U. In copyright law.

S. 255, 34 L. Ed. 117; United States v. War"Writings," as used in Const. art. 1, 8 ner (U. S.) 59 Fed. 355. 8, conferring on Congress power to secure for limited times, to authors, the right to

The term "writing," in the act of 1825 their respective writings, means the fruits forbidding a writing or memorandum from of intellectual labor, embodied in the form being written on a newspaper or other printof books, prints, engravings, and the like. ed paper, pamphlet, or magazine transmitted Trade-Mark Cases, 100 U. S. 82, 94, 25 L. Ed. by mail, does not include a single letter or 550.

initial on the wrapper of a newspaper. Teal

v. Felton, 53 U. S. (12 How.) 284, 291, 13 L By the word "writings” in a statute rel- Ed. 990. ative to copyrights is meant the literary productions of authors. Burrow-Giles Litho

Same-Letter. graphic Co. v. Sarony, 4 Sup. Ct. 279, 281,

The term “writing,” in the federal stat. 111 U. S. 53, 28 L. Ed. 349.

ute prohibiting the mailing of obscene writ. A musical composition is a "writing,” Ings, includes a letter or any writing, sealed within St. 8, Anne, vesting the copyright of or unsealed, having in it or upon it any printed books and writings in the authors. obscene, etc., thing, sign, or suggestion. UniBach v. Longman, 2 Cowp. 623, 624.

ted States v. Morris (U. S.) 18 Fed. 900, “Writing," as applied to a literary com- Fed. 444; Thomas v. State, 2 N. E. 808, 811,

901; United States v. Hanover (U. S.) 17 position, is a method of originally develop- 103 Ind. 419; United States v. Thomas (U. ing the composition and of adding copies

S.) 27 Fed. 682. made simply letter by letter, as opposed to printing, which is a process of multiplying In construing Rev. St. $ 3893, as amend. the copies by sheets. Keene V. Wheatley ed by Act July 12, 1876, c. 186 [U. S. Comp. (U. S.) 14 Fed. Cas. 180, 192.

St. 1901, p. 2658), making it criminal to mail

lewd, lascivious, and obscene writings, it Same-Label or trade-mark.

was said that because the context contains “Writings,” as used in the federal Con- the word "letter” in another connection is stitution, securing to authors and inventors no reason for argument that the word “writfor a limited time the exclusive right to ing," as used in the statute, refers to some their respective writings, etc., does not in other form of literature than a letter. The clude mere labels, whose object is only to word "letter" means anything written or ex

A "letter" is defined as indicate the contents of the package to which pressed in letters. they are affixed. Higgins v. Keuffel, 11 Sup. a written or printed message. United States Ct, 731, 732, 140 U. S. 428, 35 L. Ed. 470.

v. Britton (U. S.) 17 Fed. 731, 732. The term “writing," within the meaning

The word "writing,” in Rev. St. $ 3893 of Const. art. 1, § 8, cl. 8, which confers (U. S. Comp. St. 1901, p. 2658), means a on Congress the power to secure for a lim- writing that is not sealed, but exposed to ited time, to authors and inventors, the ex- public view, and does not include a sealed clusive right to their respective writings, in- letter, on the envelope of which no indicaventions, and discoveries, does not include a tion is made of its indecent contents. United trade-mark. Trade-Mark Cases, 100 U. s. States v. Comerford (U. S.) 25 Fed. 902, 903. 82, 93, 25 L. Ed. 550.

The term "writing,” in the postal laws,

does not include a private letter on the outIn postal laws.

side of which there is nothing but the name In construing the statute prohibiting the and address of the person to whom it is mailing of obscene books, pamphlets, pic written. The word "writing,” as used in this tures, papers, writings, prints, or other pub- statute, does not include the word "letter."

« SebelumnyaLanjutkan »