Publication in United Kingdom

Concept of Publication

The following is an old definition of Publication [1], a term which has several meanings:1. Making a thing known to the pxiblic; proclaiming to general hearing; exposing to general view. As, putting forth a law in some printed form; exhibiting a deposition taken in chancery; inserting a summons or other order in a newspaper as an advertisement; the uttering of words in slander, and the declaring by pictures, signs, etc., in libel; a testator’s statement that a designated writing is his will. See those general subjects

Alternative Meaning

Something, as, a book or print, which has been published – made public or known to the world. A writing as well as a printing may be ” published.” What constitutes a publication or a making public may be a question, and must generally depend upon the circumstances of each case. But a private letter sent in a sealed envelope cannot be considered a publication within the statute against mailing indecent publications. See Obscene. The office of an ” order of publication” is to notify parties, who are properly such, of the proceeding, and of the object sought; it is a substitute for a subpoena. It is a rule, without qualification or exception, that when it is sought to conclude a party by constructive ” service by publication ” there must be a strict compliance with the requirements of the statute; nothing can be taken by intendment; every fact necessary to the exercise of jurisdiction, based on the service, must affirmatively appear in the mode of service. An ” award ” is published when made and notice given to the parties. In ” slander,” words are published although spoken to one person, who knows them to be false. See Slander. But sending a letter containing a “libel” to the person defamed, where no third party hears or reads it, will not support an action for damages. See Libel, 5. As to publication by “statutes ” and ” ordinances,” see Prescription; Proclamation; Promulgate. See also Copyright. The publication of a ” will ” is the act of declaring or making known to the witnesses that the testator understands and intends the instrument subscribed by him to be his last will. republication. A re-publishing; in particular, the revival of a will previously revoked or changed by the addition of one or more codicils.

Resources

Notes and References

1. Meaning of Publication provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)