Record

— 1, V. To preserve the memory of, by committing to writing or printing or by inscription;

— to write or ent«r in 'ofl Bcial ' Commonwealth v. Teevens, 143 Mass. 215-16 (1887), cases. ^[l Greenl. Ev. §313. s Eespublica v. Cobbett, 3 Call. *4r5 (1798). < State V. Warren, 17 Tex. 388 (1856). As to discharge and forfeiture, see 18 Cent. Law J. 245-49 (1884), cases. See also 9 Pet. 339, 356; 15 W. N. C. 229; 30 Cal. 639; 53 111.486; 33Ind.219; 12Kan.465; 73 Me. 564; 43Md.306: 121 Mass. 84; 26 Miss. 54; 56 N. H. 178; 6 Wend. 330; 36 Barb. 433; 2 Greg. 316; 37 Pa. 181. « Story, Eq. PI. § 402; 4 Mart., La., 489; 7 id. 282; 8 id. 516. books for authentic evidence;

— to transcribe, in permanent form, for reference. 2, n. A memorial of what has been done; a writing or document preserved as evidence; authentic written evidence, considered as either public or private, but usually public. See Writing, Public; Recordum. The acts and judicial proceedings of a court of record are enrolled in parchment for a perpetual memorial and testimony; and the rolls are called the "records " of the oom-t.' See Court, Of record.

Judicial record

An official record of proceedings in a court of justice. Usage, in England, has made parchment the material tor perpetual memorials. In the United States, records are kept in bovmd books of linen paper, parchment, as the material, no longer entering into the defbaition. In many expressions, refemng to proceedings before courts of review, what is really meant is a copy of the record; as, in the expressions " defect in the record," " diminution of the record," "show error by the record," " error apparent upon the face" or "in the record," "the record shows" or " does not show," " remit the record." A record, or judicial record, is a precise histoiy of a suit from its commencement to its termination, including the conclusion of the law thereon, drawn up by the proper officer, for the purpose of perpetuating the exact state of the facts. In the language of Lord Coke, " records are memorials or remembrancers, in rolls of parchment, of the proceedings and acts of a court of justice, which hath power to hold plea according to the course of the common law." * Matter of record. Any judicial proceeding entered upon the records of the court in which it originates, or to which it is carried for review. Thus, the pleadings in an action being entered upon the records of the proper court and filed with its officer as the authentic histoiy of the suit, are thence termed a matter or matters of record. Opposed, " matter in deed," g. u Of record. On record; recorded. Opposed, not of record: unrecorded; not legally recorded. Contracts of record. Express contracts evidenced by some matter on record in a court; as, a judgment, or a charge in that nature. >3B1.

Com. 24. "Davidson v. Murphy, 13 Conn. 317 (1839), Williams, C. J.; Coke, Litt. 260 a. See also 18 F. R. 609; 2 Ark. 62; 11 id.

365; 34 Cal. 422; 44 Conn. 53; 2 Dak. 470; 49 Merges any other contract or ground of action; is, in effect, an estoppel, q. v.; requires no consideration; binds the debtor's realty; is avoided by fraud or illegality; and is discharged by satisfaction entered on the record itself. Affidavits, depositions, and other matters of evidence, though appearing in the transcript of the proceedings of a common-law court, do not form part of the record, unless made so by an agreed statement of the facts, a bill of exceptions, a special verdict, or a demurrer to the evidence. They must be made a part by some regular proceeding at (he time of trial and before the rendition of judgment.^ Nul tiel record.

No such record

A plea that there is no such matter of record in existence as the opposite party alleges.^ Puts in issue only that fact; and is met by the production of the record itself, valid upon its face, or an exemplification duly authenticated. A defense which requires evidence to contradict the record admits its existence and seeks to avoid its effect— by special plea, as at common law, or by an equivalent. Detects on the face of the record may be taken advantage of upon production, but detects which require extrinsic evidence to make them apparent must be formally alleged before they can be proven,^ See Appaeere, De non, etc. Denial of a record of a foreign court is tried by a jury, because the existence of the record to be inspected must first be proven.* Judicial records are " of such incontroulable credit and verity that they admit no averment, plea, or proof to the contrary; and if such record be alleged, and it be pleaded that there is no such record, it shall be tried only by itself.'' • This is called trial by record, and is by bare inspection whether there is any such record or not; otherwise, there would be no end to disputes."

See Inspection, 2.

The, records of the domestic courts of England and of some of the States are held to import absolute verity, as well in relation to jurisdictional as to other facts, in all collateral proceedings. Public policy and the dignity of the courts are supposed to require that no averment shall be admitted to contradict the record. But the rule has no extra-territorial force.'

See Jurisdiction, 2.

If there appears any material mistake of the clerk in making up a record the court will direct him to amend it.^ Courts of record may at any time, of their own motion, without notice, correct the mistake of a recording officer so as to make the record conform to > Baltimore, &c.

R. Co. v. Trustees, 91 U. S. 130 (1875), cases, Clifford, J. See also Roanoke Land, &c.

Co. v. Hickson, 80 Va. 691 (1885), cases. '_ [3 Bl. Com. 331. s HiU V. Mendenhall, 21 Wall. 456 (1874), cases, Waite, C. J.; Clark v. Melton, 10 S. C. 606 (1883). ' Basset v. United States, 9 Wall. 40 (1869), cases. 'Coke, Litt. 260a; 13 Conn. *218. •3BI. Com. 24, 331. ' Thompson v. Whitman, 18 Wall. 468(1873), Bradley, the truth. They are the exclusive judges of the propriety aiid ot the proof.' SeeEEBOK, 8(1); Mispeision, 2; Nunc Pro Tuko. The old notion that a record remains in the breast •of the court only till the end of the term has yielded ■to necessity, convenience, and common sense.' See Term, 4. Becorder. 1. An ofificer charged with the preparation and custody of records, especially records of deeds of all descriptions; a register, q. v. 3. An officer, in cities of a few States, who exercises original jurisdiction in determining some of the more common criminal complaints, and adjudicates matters of a limited, civil nature. Anciently, one who recited or testified on recollec-.tion, as occasion required, what had previously passed in coui-t, and this was the duty of the judges, thence 'Called recordeurs.^ In England, he is often a person learned in the law whom the magistrate of a city, by vii-tue of the king's, ■grant, associates with himself for his direction in judicial proceedings. The recorder of the city of London is practically the judge in the Lord Mayor's court of the city.* Eeeording. Copying an instrument into the public records, in a book kept for that purpose, by or under the superintendence of the officer appointed therefor. 8 Recording Acts. Statutes which regulate the official recording of conveyances, mortgages, bills of sale, hypothecations, assignments for the benefit of creditors, articles of agreement, and other sealed instruments, for the purpose of informing the public, creditors, and purchasers,. of transactions affecting the ownership of property and the pecuniary responsibility of individual persons. Also, statutes which regulate the registration of vessels. Compare Registry. Public records, by construction of law, are notice to a.11 persons of what they contain. Their contents are matters of public knowledge, because the law requires Ihem to be kept, authorizes them to be used, and secures to all persons access to them that knowledge of them may be public; and thence imputes to all interested persons that knowledge the opportunity to acquire which it has provided. The law assmnes the iGUmau v. Libbey, 4 Cliff. 454, 460 (1878), cases, ■Clifford, J.; Blanchard v. Ferdinand, 132 Mass. 390 (1882); Hovey v. Mc Donald, 109 U. S. 157 (1883). = Rhoads V. Commonwealth, 15 Pa. 276 (1850). s Stephen, Plead. App. xix, note 11. 1 Cowell's Law Diet.; 1 Steph. Hist Cr. Law Eng. 117; fuimiment and not the defeat of its own ends. It will not permit its policy to be gainsaid, not even by a plea of personal ignorance of its existence or extent. It would defeat that purpose not to presume with conclusive force that the notice, which it was their office to communicate, had reached the party interested in receiving it.^ See Acknowledgment, 2; Authentication; Delivery, 4; Diminution; Ebroe, 2 (3); Evidence; Exemplification; Face, 1; Faith, Full, etc.; Falsify, 2; Index; Judgment; Lodge, 1 (2); Lost, 2; Notice, 1; Quasi; Remit; Satisfaction, 1.