Record

V. To enter in writing, for preservation; to make memorial in official books; to transcribe in permar nent form, for future reference; to write out as authentic evidence. Record, n.: ervation of its contents; a memorial in official books of what has been done; a transcript in form, for permanent use. Judicial records are those kept of proceedings of courts. There are manyothers, such as the record of deeds, and the records kept in various public offices of their official transactions; these are designated by the general expression, official or public records, and eaoh is known by the designation appropriate to the subject-matter. To register and registry {q. v.) are terms nearly equivalent to the verb and noun record, except that, if registry is employed in the statute directing the making and keeping the transcripts in question, it is the more appropriate name within that jurisdiction, and vice versa. The difference between the employment of the two words seems more a matter of local usage than of any distinction of meaning. English definitions have generally made writing upon parchment essential to the definition of a judicial record. This is founded on long usage, in that kingdom, of making' judicial records on that material. See Bumll, for an interesting historical sketch of English practice in recording judicial transactions. No general practice of employing parchment is understood to obtain within the United States. Records are usually kept in bound paper books, and parchment does not enter into the definition, according to American visage. With respect more particularly to judicial records and their proper contents, the term has a special use in reference to proceedings of courts of error or appeal: their decisions constantlj' speak of the "contents of the record;" "what must appear by the recoi-d;" "defects in the record;" "diminution of the record;" "the appellant must show error by the record," &c. Strictly, if these expressions are construed in a concrete sense, as designating any distinct documentary entity, they must be considered as used by elision for copy of the record. The document corporally before the court is an officially authenticated copy or transcript of the proceedings which erence is to the various judicial steps in the cause as they have been recorded. Taken in this sense, the unity of the record is theoretic rather than actual; there is not necessarily any one book in which all the proceedings in a cause necessary to a review are continuously transcribed. The successive papers as draughted and served or used may exist in files; but they exist as matter of record. And the meaning of the expressions quoted is, that the appellate court requires from the appellant and proceeds upon a complete authentic copy or transcript of the proceedings as they have been recorded. Thus the expression " the record," in connection with review, imports a history of the cause from its commencement; from the issuing of process to final judgment. It embraces the successive judicial steps which have been taken and are necessary to show jurisdiction and regularity of procedure: the process, writ, or summons, with proof of service; the pleadings, minutes of trial, and verdict, if a jury cause; exhibits and proofs, if an equity cause; and judgment or decree; also, ancillary and interlocutory proceedings, entering into and supporting the action to be revised. But testimony of witnesses, documentary evidence offered on trial, arguments of counsel, and opinions of judges are not proper parts of the record: they must be brought before an appellate court, when drawn in question, by other and additional means. There are three kinds of records; riz., judicial, as an attainder; ministerial, on oath, as an office or inquisition found; by way of conveyance, as a deed enrolled.

Wharton.

Record of nisi prins. In the practice of English common-law courts, is an official transcript or copy of the proceedings in an action, entered on parchment, sealed, and passed, as it is termed, at the proper office. It serves as a warrant to the judge to try the cause, and is the only document at which he can judicially look for information as to the nature of the proceedings, and the issues joined between the parties. Record and -writ clerk. Four officers of the court of chancery were designated by this title, whose duty it was to file bills to the initial letter of the surname of the first plaintiff in a suit.

Bunt Eq

These officers are now transferred to the high court of justice under the judicature acts.

Record commission

The style or title of a board of officers charged with tearching out and restoring, publishing, and indexing public records.

Recording acts

The name by which the statutes are designated which in any state govern the placing of conveyances, mortgages, &c., on public record, and the effect of such records as constructive notice. The theory and purpose of these acts is to make known the chain of title to landed property within the state, and enable persons proposing to buy or lend upon lands, to learn of any adverse titles or claims. The general operation of the recording acts is, that in each county of the state a public of Bce is maintained for the record of instruments transferring or incumbering lands within the county. To entitle an instrument to be recorded, it must be acknowledged or proved by a subscribing witness; and, this requirement being complied with, the grantee or incumbrancer has the right to have it transcribed at length upon the books of the office. This being done, gives constructive notice, by the provisions of the recording acts, to all the world, of the existence and contents of the instrument as recorded. Any person to whom the lands may be afterwards offered for sale, or as security for a loan, is chargeable with the duty of examining the record, where he may find the prior deed or mortgage; and, if he omits this precaution, he runs the risk of third persons having rights in the land which will be adjudged siiperior to his own, by reason of his neglect to examine. Conversely, a grantee or mortgagee who neglects to place his deed or mortgage upon the record is liable to lose the property in favor of a subsequent purchaser for value or lender, who bought or loaned in ignorance of the unrecorded grant or charge. Actual notice of an instrument, or reason to suspect its existence, will in general operate to same as if the instrument had been recorded. For the nature and operation of these laws, their varying provisions in the different states, and the decisions under them, see U. S. Dig. tit.

Deed.