or officer exercising judicial powers whose | WRIT OF SUPERSEDEAS. See "Supersedeas." ing before it to the superior court. Califor- WRITE-WRITING. 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 in a judicial capacity, and in no other. It is not the office of the writ to bring up the proceedings of any other bodies or classes of public officers. Burnett v. Douglas County, 4 Or. 388, 389. Under Comp. Laws 1888, § 3778, it is provided that a writ of certiorari may be denominated a writ of review. It is apparent that the writ here designated is the commonlaw certiorari, and hence the power of the court under it is the same as at common law, except as narrowed or enlarged by statute. Gilbert v. Board of Police & Fire Com'rs, 40 Pac. 264, 268, 11 Utah, 378. "Writing is the method of originally developing a composition, and of adding copies made singly, letter by letter." Keene v. Wheatley (U. S.) 14 Fed. Cas. 180, 192. An averment, in a libel suit, that de fendant "composed, uttered, wrote, and sent" to a third person certain libelous words concerning the plaintiff, is a sufficient allegation of publication. Benedict v. Westover, 44 Wis. 404. The provision of Comp. St. p. 274, § 10, that no agent or attorney shall "write" or draw up the deposition of any witness, etc., 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 to make a note of it. The clerk, acting under instructions from the treasurer to make a note of all protests, written or oral, wrote upon the receipt given for the tax that it was paid under protest, and made a memorandum to that effect on the books of the treasurer. Held, that there was not "a protest in writing" by the person paying, within Gen. St. c. 12, § 56. Knowles v. City of Boston, 129 Mass. 551, 554. An order, signed by a judge, to the clerk of the court, for its adjournment to a time mentioned, by telegraph, is a "written order" the statute requiring such orders to be in for such adjournment, within the meaning of writing. In this connection the court says that it makes no difference if the writing is to an ordinary penholder, or whether the pen done with a steel pen an inch long attached be a copper wire a thousand miles long. State v. Holmes, 56 Iowa, 588, 592, 9 N. W. 894, 41 Am. Rep. 121. Marks. Perpendicular marks drawn across the letters of the signature of a testator to his will were not "writings," within Laws 1880, c. 36, and Laws 1888, c. 555, permitting the comparison of writings by experts. In re Hopkins' Will, 65 N. E. 173, 174, 172 N. Y. 360, 65 L. R. A. 95, 92 Am. St. Rep. 746 (re versing 73 App. Div. 559, 77 N. Y. Supp. 178, and 35 Misc. Rep. 702, 72 N. Y. Supp. 415). Pencil. A will written and signed with lead penell is "in writing," within Act April 8, 1833, requiring wills to be in writing, to be valid. Myers v. Vanderbelt, 84 Pa. 510, 513, 24 Am. Rep. 227; In re Tomlinson's Estate, 19 Atl. 482, 133 Pa. 245, 19 Am. St. Rep. 137. A writing in pencil is "writing" within the common law and within the custom of merchants, and a statute requiring a contract to be in writing does not require that the same be written in ink. Geary v. Physic, 5 Barn. & C. 234, 238; Clason v. Bailey (N. Y.) 14 Johns. 484, 491. The word "writing" embraces writing with a pencil, and hence an indorsement on a note with pencil is valid. Closson v. Stearns, 4 Vt. 11, 23 Am. Dec. 245. The word "writing" does not necessarily mean a writing with ink, and hence, where a book of original entries is offered in evidence, the fact that the entries are written in lead pencil is not a valid ground of objection. Hill v. Scott, 12 Pa. (2 Jones) 168, 169. The term "written words" includes printed words. Chaffin v. Lynch, 1 S. E. 803, 807, 83 Va. 106. Printed votes are "written votes," within the meaning of Const. art. 3, c. 1, § 3, pro- | viding that "every member of the House of Representatives shall be chosen by written votes." Henshaw v. Foster, 26 Mass. (9 Pick.) 312, 319. See, also, Opinion of Justices, 7 Me. (7 Greenl.) 492, 495; Temple v. Mead, 4 Vt. 535, 541; Fritts v. Kuhl, 17 Atl. 102, 107, 51 N. J. Law (22 Vroom) 191. In the requirement that an olographic will must be in the writing of testator, "writing" does not include printing, but must be taken in its ordinary sense, as meaning to set down legible characters with pen and ink. Succession of Robertson, 21 South. 586, 587, 49 La. Ann. 868, 62 Am. St. Rep. 672; In re Rand's Estate, 61 Cal. 468, 473. 44 Am. Rep. 555. Hence a will partly printed and partly written is not a compliance with the statute. In re Rand's Estate, 61 Cal. 468, 473, 44 Am. Rep. 555. A writing which is the subject of forgery may include instruments printed or engraved, as well as those traced by the pen. Commonwealth v. Ray, 69 Mass. (3 Gray) 441, 447. See, also, In re Benson (U. S.) 34 Fed. 649, 652. Where deeds, bonds, tickets, and the like are required to be in writing, the term "writing" should be held to include printing as WRITE-WRITING well as script. Benson v. McMahon, 8 Sup. Ct. 1240, 1246, 127 U. S. 457, 32 L. Ed. 234. 1 Comp. Laws, p. 235, § 15, requiring notice in "writing" to be posted prior to an application for changing township boundaries, "may be construed to include printing, engraving, and lithographing." Pelton v. Ottawa County Sup'rs, 18 N. W. 245, 246, 52 Mich. | 517. "Written," as used in Code 1876, § 4354, providing that any person who sells or conveys any personal property upon which he has a written mortgage, lien, or a deed of trust, and which is then unsatisfied in whole or in part, is guilty of a misdemeanor, will be construed to mean written or printed. Johnson v. State, 69 Ala. 593, 596. The word "writing," in Election Law 1891, § 23, authorizing a voter to prepare his ballot by writing in the name of the candidate in the blank space on the ticket, and making a cross opposite thereto, does not include the act of inserting the name of the candidate by using a paster upon which the name of the candidate is printed. McSorley v. Schroeder, 63 N. E. 697, 700, 196 Ill. 99. A forged order requiring the person to whom it was addressed to pay another for corn, partly printed and partly written, the signature for which was not completed until the blank for the attestation of the weigher was filled in by him with his initials, is a "written instrument," within section 129 of the act relating to crimes and punishments. State v. Lee, 4 Pac. 653, 656, 32 Kan. 360. A written statement includes a printed form with its blanks properly filled in in writing. Winn v. State, 5 Tex. App. 621, 623. "Writing," as used in Gen. St. § 1094, providing that in actions against the representatives of deceased persons no acknowledgment or promise shall be sufficient evidence of a new or continuing contract to take the case out of the statute of limitations, unless the same be contained in some writing made or signed by the party to be charged thereby, is not limited to words traced with a pen or pencil, but may include typewriting. In re Deep River Nat. Bank, 47 Atl. 675, 677, 73 Conn. 341. The word "writing" or "written" includes printing. Rev. St. Wyo. 1899, §§ 2724, 5190; Code Civ. Proc. Mont. 1895, § 3463; Pen. Code Mont. 1895, § 7; Pol. Code Mont. 1895, § 16; Civ. Code Mont. 1895, § 4662; Bates' Ann. St. Ohio 1904, §§ 1536-907, 3178, 4947, 6794; Rev. St. Okl. 1903, §§ 2096, 5147; Pen. Code Tex. 1895, art. 30; Rev. St. Fla. 1892, § 1; Gen. St. Minn. 1894, § 6842, subd. 8; Pen. Code Cal. 1903, § 7; Negotiable Instruments Law N. D. § 191; Rev. Codes N. D. 1899, 1060; Rev. Laws Mass. 1902, p. 653, c. 73, § 207; Civ. Code Ala. 1896, § 1; Code Supp. Va. 1898, § 2841a [Va. Code 1904, p. 1455]; Ann. Codes & Sts. Or. 1901, §§ 2184, 4592; Pen. Code N. Y. 1903, § 718; Cobbey's Ann. St. The word "writing" includes printing and typewriting. Code Civ. Proc. Cal. 1903, § 17; Rev. Codes N. D. 1899, §§ 7723, 8506; Code Cr. Proc. S. D. 1903, § 639; Pen. Code S. D. 1903, § 818; Civ. Code Cal. 1903, § 14. The word "writing" includes printing, writing, and typewriting. Rev. St. Utah 1898, § 2498. In the construction of statutes the words "written" and "in writing" may include printing, engraving, lithographing, and any other mode of representing words and letters; but, when the written signature of a person is required by law, it shall always be the proper handwriting of such person, or, in case he is unable to write, his proper mark. Gen. St. Minn. 1894, § 255, subd. 16. See, also, Rev. Code Del. 1893, c. 5, § 1, subd. 14; Rev. Laws Mass. 1902, p. 89, c. 8, § 5, subd. 25; Code N. C. 1883, § 3765, subd. 10; Rev. St. Wyo. 1899, § 2724; Code Miss. 1892, § 1520; Gen. St. Kan. 1901, § 7342, subd. 18; Comp. Laws Mich. 1897, § 50, subd. 17; Mills' Ann. St. Colo. 1891, § 4185, cl. 11; Horner's Ann. St. Ind. 1901, § 240, subd. 9; Rev. St. Mo. 1899, § 4160; Shannon's Code Tenn. 1896, § 62; Comp. Laws N. M. 1897, § 2900; V. S. 1894, 20; Pub. St. N. H. 1901, p. 64, c. 2, 8 23; Code Iowa 1897, § 48, subd. 18; Code W. Va. 1899, p. 133, c. 13, § 17; Pub. St. R. I. 1882, p. 78, c. 24, § 20; Hurd's Rev. St. Ill. 1901, p. 1720, c. 131, § 1, subd. 15; Fletcher v. Wall, 50 N. E. 230, 233, 172 Ill. 426, 40 L. R. A. 617; Ames v. Schurmeier, 9 Minn. 221, 222 (Gil. 206, 208); Brown v. McCormick, 28 Mich. 215, 217. The terms "writing" and "written" include every legible representation of letters upon a material substance, except when applied to the signature of an instrument. Laws N. Y. 1892, c. 677, § 12. The words "written" and "in writing" may be construed to include printing, engraving, lithographing; and any other mode all cases where the written signature of any of representing words and letters; but in person is required by law it shall always be the proper handwriting of such person, or, in case he is unable to write, his proper mark, or his name written by some person at his request and in his presence. Rev. St. Wis. 1898, § 4971. An instrument partly written and partly printed, or wholly printed, with a written signature thereto, and any signature or writing purporting to be a signature of or intended to bind an individual, a partnership, or corporation, or association, or an officer thereof, is a written instrument or a "writing," within the provisions of this chapter (Pen. Code, c. 92a). Gen. St. Minn. 1894, § 6694. Reading written notice. The word "writing," within the meaning of the act of Rhode Island (Dig. 1822, p. 246, § 3) providing that "no guardian shall be appointed or removed under this act unless all persons interested have had reasonable notice in writing, signed by the clerk and served by the town sèrgeant or constable," imports more than the mere rendering of the order of the court. "I understand that the notice must be a notice in writing, and that the officer must leave with the party a written notice from the clerk, or at least a certified copy in writing thereof." Hart v. Gray (U. S.) 11 Fed. Cas. 686, 687. Shorthand. "Writing," as used in Act 1876, No. 94, relating to the jurisdiction of the Supreme Court when the depositions of witnesses have not been taken in writing in the inferior court, embraces testimony taken on the trial of a case by a phonographer, though the phonographic notes of the officer may never The words "written" and "in writing" afterwards have been transcribed or transshall 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, § 5 [Va. Code 1904, p. 7]; Rev. St. Tex. 1895, art. 3270. The words "writing" and "written" include "printing" and "printed," except in the case of signatures, and where the words are used by way of contrast to printing. Writing may be made in any manner, except that, when a person entitled to require the execution of a writing demands that it be made with ink, it must be so made. Rev. St. Okl. 1903, 2810. See, also, Rev. Codes N. D. 1899, § 5137; Civ. Code S. D. 1903, § 2471; Rev. St. Okl. 1903, § 2810. In the construction of statutes, the word "writing" includes printing and numerals. Pen. Code Ga. 1895, § 2. 646, 648. Stamp. The word "writing," in law, not only means words traced with a pen or stamped, but printed or engraved or made legible by any other device. Haven v. Foster, 26 Mass. (9 Pick.) 112, 19 Am. Dec. 353. A stamped indorsement of an assignment of a bill of lading held a sufficient compliance with the Arkansas statute requiring such assignments to be in writing. Horner v. Missouri Pac. Ry. Co., 70 Mo. App. 285, 291. Rev. St. 1140, providing that the county clerk or treasurer may assign tax certificates "by writing his name in blank on the back thereof," cannot be construed to re Writing on slate. The term "writing," within the meaning of the statute requiring wills to be in writing, does not include a writing on a slate, although, strictly speaking, the term "writing" is broad enough to include such a writing, as a writing on a slate would not accomplish the purposes intended to be accomplished by the statute, which was to avoid the uncertainty attending proof of nuncupative wills. Reed v. Woodward (Pa.) 11 Phila. 541, 542. WRITING-WRITINGS. WRITING-WRITINGS sage written by the sender and filed with the telegraph company. Howley v. Whipple, 48 N. H. 487, 489. In criminal law. The first question to be determined in considering whether a forgery has been committed is the legal signification of the term "writing," which appears in the definition of forgery as the making or alteration of a writing to the prejudice of another man's rights. To say that any writing may be the subject of a forgery, disconnected from the effect which this writing is to produce upon others, is simply an absurdity, and therefore the definitions restrict the meaning of the word, and define the various writings, the fraudulent making or alteration of which will amount to forgery. To make or alter a writing which either at common law or by statute was the subject of forgery, with intent See "False Writing"; "Public Writing." to defraud another or to the prejudice of an- Worcester defines "writing" to mean anything written; a written paper of any kind. Thomas v. State, 2 N. E. 808, 811, 103 Ind. 419. Memorandum books containing entries of one's experiences and observations at different times and places in the line of his business, valuable to him for reference, are "writings," within Rev. St. § 4281 [U. S. Comp. St. 1901, p. 2942], providing that, if a shipper shall lade writings as freight on any vessel without giving notice of the true character and value thereof, the owner of the vessel shall not be liable therefor. The St. Cuthbert (U. S.) 97 Fed. 340, 341. In construing the statute providing "that when a declaration or other pleading alleges that any person made, indorsed, assigned, or accepted any writing, no proof of the handwriting of such person shall be required, unless the fact be denied by an affidavit with the plea which puts it in issue," the court said: "I see no reason why the broad words 'any person made any writing' should not be interpreted to include a letter concerning the matter in controversy, alleged in any pleading to have been written by any person"; and held that where a defendant in a chancery suit in his answer alleged that a third person wrote a letter touching the matter in controversy, and filed with his answer what purported to be the original letter, such letter would be regarded by the court as genuine, without any proof of the handwriting, unless the fact of the writing of such letter by the person by whom it is purported to have been written is denied by an affidavit. Robinson v. Dix, 18 W. Va. 528, 542. The rule that a writing itself is the best evidence thereof, as applied to a telegraph message, is indicative of the original mes other man's right, or which, if genuine, would operate as the foundation of another's liability or the evidence of his right, is forgery. Therefore, for a clerk or bookkeeper to alter figures in journal entries so as to conceal his defalcation or abstraction of his employer's funds in his charge is forgery. Commonwealth v. Biles (Pa.) 3 Phila. 350, 351. "Writing," as used in Pen. Code, 88 514, 515, providing that an officer of a corporation who falsifies or unlawfully alters any writing appertaining to its business, or any other person who alters any writing with fraudulent intent, etc., belonging or appertaining to the business of a corporation, is guilty of forgery, etc., means an executed instrument under the express provisions of section 513, and does not include a written instrument of a claim for loss, falsified be fore it was signed by the claimant, and passed off on the company as the true settlement. People v. Underhill, 36 N. E. 1049, 1051, 142 N. Y. 38. "Writing," as used in a statute providing for the punishment of every person who, with intent to cheat or defraud another, shall by color of any false writing obtain the signature of any person to a written instrument, or obtain any valuable thing, means some instrument, or at least letter-something in writing, purporting to be the act of another, or certainly of some person. It cannot mean anything written on paper, not purporting to be of any force or efficacy, but some instrument in writing or written paper purporting to have been signed by some person. People v. Gates (N. Y.) 13 Wend. 311, 320. costs of a justice of the peace, as used in The word "writing" includes a bill of Code, § 5492, defining forgery as the fraudulent making or alteration of any writing to the prejudice of another's rights. It is a writing authorized, and in fact required, by law, to entitle a justice to receive payment of his costs. If it is genuine, it has un-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, though not genuine, it may and will, if used, operate to the prejudice of another's rights. Luttrell v. State, 1 S. W. 886, 887, 85 Tenn. (1 Pickle) 232, 4 Am. St. Rep. 760. The words "writing" or "instrument," as used in the Code of Criminal Procedure relating to passing, uttering, and publishing forged instruments, covers every instrument or writing not within the special definition and scope of prior sections; and a draft is an instrument or writing within the statute. State v. Foster, 2 Pac. 628, 629, 30 Kan. 365. In copyright law. "Writings," as used in Const. art. 1, § 8, conferring on Congress power to secure for limited times, to authors, the right to their respective writings, means the fruits of intellectual labor, embodied in the form of books, prints, engravings, and the like. Trade-Mark Cases, 100 U. S. 82, 94, 25 L. Ed. 550. By the word "writings" in a statute relative to copyrights is meant the literary productions of authors. Burrow-Giles Lithographic Co. v. Sarony, 4 Sup. Ct. 279, 281, 111 U. S. 53, 28 L. Ed. 349. A musical composition is a "writing," within St. 8, Anne, vesting the copyright of printed books and writings in the authors. Bach v. Longman, 2 Cowp. 623, 624. “Writing," as applied to a literary composition, is a method of originally developing the composition and of adding copies made simply letter by letter, as opposed to printing, which is a process of multiplying the copies by sheets. Keene v. Wheatley (U. S.) 14 Fed. Cas. 180, 192. Same-Label or trade-mark. "Writings," as used in the federal Constitution, securing to authors and inventors for a limited time the exclusive right to their respective writings, etc., does not include mere labels, whose object is only to indicate the contents of the package to which they are affixed. Higgins v. Keuffel, 11 Sup. Ct. 731, 732, 140 U. S. 428, 35 L. Ed. 470. The term "writing," within the meaning of Const. art. 1, § 8, cl. 8, which confers on Congress the power to secure for a limited time, to authors and inventors, the exclusive right to their respective writings, inventions, and discoveries, does not include a trade-mark. Trade-Mark Cases, 100 U. S. 82, 93, 25 L. Ed. 550. In postal laws. In construing the statute prohibiting the mailing of obscene books, pamphlets, pictures, papers, writings, prints, or other pub tions the word 'writing' is used as one of a group or class of words-'book,' 'pamphlet,' ‘picture,' 'paper,' 'writing,' 'print' each of which is ordinarily and prima facie understood to be a publication, and the enumeration concludes with the general phrase 'or other publication,' which applies to all the articles enumerated, and defines each with the common quality indicated. It must therefore, according to a well-defined rule of construction, be a published writing which is contemplated by the statute, and not a private letter on the outside of which there is nothing but the name and address of the person to whom it is written." United States v. Chase, 10 Sup. Ct. 756, 757, 135 U. S. 255, 34 L. Ed. 117; United States v. Warner (U. S.) 59 Fed, 355. The term "writing," in the act of 1825 forbidding a writing or memorandum from being written on a newspaper or other printed paper, pamphlet, or magazine transmitted by mail, does not include a single letter or initial on the wrapper of a newspaper. Teal v. Felton, 53 U. S. (12 How.) 284, 291, 13 L Ed. 990. Same-Letter. The term "writing," in the federal statute prohibiting the mailing of obscene writings, includes a letter or any writing, sealed or unsealed, having in it or upon it any obscene, etc., thing, sign, or suggestion. United States v. Morris (U. S.) 18 Fed, 900, Fed. 444; Thomas v. State, 2 N. E. 808, 811, 901; United States v. Hanover (U. S.) 17 103 Ind. 419; United States v. Thomas (U. S.) 27 Fed. 682. In construing Rev. St. § 3893, as amended by Act July 12, 1876, c. 186 [U. S. Comp. St. 1901, p. 2658], making it criminal to mail lewd, lascivious, and obscene writings, it was said that because the context contains the word "letter" in another connection is no reason for argument that the word "writing," as used in the statute, refers to some other form of literature than a letter. The word "letter" means anything written or exA "letter" is defined as pressed in letters. a written or printed message. United States v. Britton (U. S.) 17 Fed. 731, 732. The word "writing," in Rev. St. § 3893 [U. S. Comp. St. 1901, p. 2658], means a writing that is not sealed, but exposed to public view, and does not include a sealed letter, on the envelope of which no indication is made of its indecent contents. United States v. Comerford (U. S.) 25 Fed. 902, 903. The term "writing," in the postal laws, does not include a private letter on the outside of which there is nothing but the name and address of the person to whom it is written. The word "writing," as used in this statute, does not include the word "letter." |