Record
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
evidence. A written memorial made by a public officer authorised by law to perform that function, and intended to serve as evidence of something written, said or done. Records may be divided into those which relate to the proceedings of congress and the state legislatures—the courts of common law—the courts of chancery—and those which are made so by statutory provisions.
1.
Legislative acts
The acts of congress and of the several legislatures, are the highest kind of records. The printed journals of congress have been so considered.
1 Whart. Dig. tit.
Evidence, pl. 112; and see Dougl. 593; Cowp. 17.—2. The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own future guidance in making up his record, is not a record.
4 Wash. C. C. Rep. 698.—3.
Proceedings in courts of chancery are said not to be, strictly speaking, records; but they are so considered.
Gresley on Ev. 101.—4.
The legislatures of the several states have made the enrolment of memory of the facts they contain, and declared that the copies thus made should have the effect of records. By the constitution of the United States, art.
4, s.
1, it is declared that "full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of every other state; and the congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof." In pursuance of this power, congress have passed several acts directing the manner of authenticating public records, which will be found under the article Authentication. Numerous decisions have been made under these acts some of which are here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H. Rep. 242; 1 Ohio Rep. 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380; 9 Mass. 462; 10 Serg. & Rawle, 240; 1 Hall's N. Y. Rep. 155; 4 Dall. 412; 5 Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352.
Vide, generally, 18 Vin. Ab. 170; 1 Phil. Ev. 288; 1 Bac. Ab. 169; 1 Kent, Com. 260; Archb. Civ. Pl. 395; Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h. t.; Co. Litt. 260; 10 Pick. R. 72.