Copy

What is meant by a copy? We have already referred to the common understanding of it as a reproduction or duplication of a thing. A definition was given by Bailey, J., in West v. Francis, 5 Barn. & Ald. 743, quoted with approval in Boosey v. Whight, supra. He said: 'A copy is that which comes so near to the original as to give to every person seeing it the idea created by the original.' ... The one which most commends itself to our judgment is perhaps as clear as can be made, and defines a copy of a musical composition to be 'a written or printed record of it in intelligible notation.

A true transcript of an original writing. Exemplifications are copies verified by the Examined copies are those which have been compared with the original, or with an ofiicial record thereof. Office copies are those made by officers intrusted with the originals, and authorized for that purpose.

A true transcript of an original writing. Exemplifications are copies verified by the great seal or by the seal of a court. 1 Gilb. Ev. 19. Examined copies are those which have been compared with the original or with an official record thereof. Office copies are those made by officers intrusted with the originals and authorized for that purpose. The papers need not be exchanged and read alternately; 2 Taunt. 470; 1 Stark. 183; 4 Campb. 372; 1 C. & P. 578. An examined copy of the books of an unincorporated bank is not evidence per se; Ridgway v. Bank, 12 S. & R. (Pa.) 256, 14 Am. Dec. 681; Vance v. Reardon, 2 N. & M'C. 299; 1 Greenl. Ev. § 508. Copies cannot be given in evidence, unless proof is made that the original is lost or in the power of the opposite party, and, in the latter case, that notice has been given him to produce the original; 1 Greenl. Ev. § 50S. A translation of a book is not a copy; Stowe v. Thomas, 2 Wall. Jr. 547; 2 Am. L. Reg. 229, Fed. Cas. No. 13,514; a copy of a book means a transcript of the entire work; Rogers v. Jewett, 12 Mo. Law Rep. N. S. 339, Fed. Cas. No. 12,012. As to copies mechanically made being originals, see International Harvester Co. of America v. Elfstrom, 101 Minn. 263, 112 N. W. 252, 12 L. R. A. (N. S.) 343, 118 Am. St. Rep. 626, 11 Ann. Cas. 107.

A transcript of an original writing, as a charter, patent, deed, writ, pleading, afl Bdavit, etc. Copies are of two principal kinds: copies under seal, which are called exemplifications, and copies not under seal. Copies not under seal are also, in England, of two kinds: sworn copies and office copies. A sworn or examined copy is a copy sworn to have been examined with the original record or paper; an office copy is a copy made out by the officer in whose hands the original is, without being examined. A certified copy, in the United States, is an examined copy certified by the officer having the custody of the original.

The transcript or double of an original writing; as the copy of a patent, great seal or by the seal of a court. 1 Gilb. Iev. 19. Examined captes are those which have been eompared with the original or with an official record thereof. Office copies are those made by officers intrusted with the originals and authorized for that purpose. ’

A true transcript of an original writing.* A reproduction or transcript of language, 1 Evans v. Eugee, 57 Wis. 636 (1883). = Commonwealth v. Webster, 5 Gush. 308 (1850), Shaw, C. J. See also Abemethy v. Commonwealth, 101 Pa. 323 (1882); 71 Ala. 485; 3 Gratt. 594; Whart. Horn. 448; Auss. Cr. 667. 3 2 Bl. Com. 187-90; 3 id. 227. * 4 Kent, 866. « 1 Washb. R. P. 415. • Dickinson v. Chesapeake, &c. E. Co., 7 W. Va. 412 written or printed, or of a design, device, picture, or work of art.i Compare Transcript. Certified or ofB.ce copy. A copy made and attested by the officer who is intrusted with the custody of an original writing, and authorized to make copies. Every document of a public nature, as to which inconvenience would be occasioned by a removal, and which the party has a right to inspect, may be proved by a duly authenticated copy." Examined copy. A copy compared with the original, or with an official record thereof. Exemplified copy. A copy attested under the seal of the proper court; an exemplification (g. V.) of record. An examined copy of a record is evidence where the removal of the original would inconvenience the public. Fraud or mistake therein can be readily detected.' See Record, Judicial. A copy of a will may be received in probate.* Where an original is lost, or withheld after notice to produce, a copy will be received.* To be evidence, a copy must also be complete.' In making examined copies, the comparing witnesses should change hands, so that the Ustening witness may in turn become the reading witness.' Such copy should be proved by some one who has compared it with the original.' The rule that a copy of a copy is not admissible evidence is correct in itself, when properly understood and limited to its true sense. The rule properly applies to cases where the copy is taken from a copy, the original being still in existence and capable of bemg compared with it, for then it is a second remove from the original; or where it is a copy of a copy of a record, the record being in existence, by law deemed as high evidence as the original, for then it is also a second remove from the record. But it is quite a difficult question whether it applies to cases of secondary evidence where the original is lost, or the record of it is not deemed as high evidence as the original, or where the copy of a copy is the highest proof in existence.' A letter-press copy is receivable, the original being lost. While secondary at best, a copy from such a copy, the original being lost, has been allowed." I Abbott's Law Diet. = Stebbinsv. Duncan, 108 U. S. 60 (1882), cases; Shutesbury V. Hadley, 133 Mass. 247 (1882), oases; Booth v. Tieman, 109 V. S. 208 (1883). ' 1 Greenl. Ev. § 91. I I wmiams, Ex. 364. » 1 Greenl. Ev. § B08. « Commonwealth v. Trout, 76 Pa. 382 (1874). ' 1 Whart. Ev. § 94. 'Mc Ginniss v. Sawyer, 63 Pa. 287 (1869). « Winn V. Patterson, 9 Pet. *677 (1836), Story J. 10 See Goodrich v. Weston, 102 Mass. 363 (1889), cases; 1 Cush 189- 7 Allen, 561; 3 Mc Crary, 169; 37 Conn. 555; 57 Ga 50- 73IU.161; 18 Kan. 546; 19 La. An. 91; 85 Md. ■ 1 Whart. Ev. 81 90-109, cases.

[L. Lat. copia; Fr. copie.] The transcript or double of an onginaJ writing, as a charter, roll, patent, deed, writ, pleaaing, affidavit, c&c* Termesdelaley. Cowell. Copies are of two kinds; under seal, and not under seal. Copies under seal are called exemplifications, and are either under the great seal, or under the seal of the court in which the originals are filed or deposited.* 2 Tidd's Pr. 800. Copies not under seal are also, in England, of two kinds; sworn copies and office copies. A sworn or examined copy is a copy sworn (by the party intending to use it) to have been examined with the original record or paper, being first prepared by the officer having custody of it. An office copy is a copy made out by the officer in whose hands the original is, without being examined. Archb. N. Pract, 367. A «rtifiod copy, in the United States, is a copy certified to be such bj the officer having the custody of the original, (being previously compared by him with such original,) and usually under seal, unless where the original is filed with the clerk of a court, and the copy is to be used in the same court. Sworn copies are not generally in use. The word copy seems obviously derived from the Latin copia; the change from the classical (leave, liberty, opportunity,) to the law sense (a transcript) being very significantly shown in the use made of it by Braeton. Speaking of that description of deeds then called ckarta communes y (i. e. those in which both parties had a common interest, as involving a mutuality of obligation,) this author observes that where such a deed remained in the possession of the grantee, the grantor might, in a case where his interest was concerned, demand to have it shown to him; {donator, eo quod sua interest, petat a donatorio exhibitionem;) and that where there was a dispute or doubt between the parties as to the right of either, the grantee was boimd to exh Snt the instrument, {exhibeat instrumentum,) or he could have no action, &c. Bract, fol. 34. So, in case of a dispute between the grantor of a manor and the tenant or holder of it, the same author observes that the latter was bound to show his deed, (ostendere debet ten^^ chartam,) to make good his plea. Id, ibid. And he then proceeds to ]ay down the general rule, that whenever a party wished to make use of a private writing for his own benefit, in a judicial proceeding, he must allow his adversary to inspect and use it against him, (copiam faciet ddversario suo contra se;) but that a demandant had no right to require that instruments in the hands of the tenant should be shown him for th^ purpose of enabling him to count or declare, since a party was not bound to arm his adversary against himself, unless the instruments were common, (i. e. of the kind above described.) Copiam facere, in this last quotation, is obviously the common classical expression signifying to impart a thing, to allow a privilege in, or respecting it. See Copia, Copiam facere scriptures is to grant a party the privilege or opportunity of acquainting himself with the contents of a writing, which was done, as clearly appears from the context, by showing it to him. See Bract, fol. 389 b. Convenience no doubt suggested the practice, in most cases, of delivering a transcript instead of showing the original; and when the privilege {copia) came to assume this shape, it is easy to see how the word itself would gradually acquire a new and technical meaning, attaching, as a name of description, to the particular transcript so made use of. Hence, probably, was formed the Fr. copie, from which is obviously derived the English copy. See Transcript, So that by this process the classical facere copiam would ultimately become (as it did) good Law Latin, signifying to make a copy. Copiam concedere et liberare, (to grant and deliver a copy,) is the language of the old writ de copia libe Ui deliberanda, Reg, Orig. 58. And that this technical application of the word copia was by a very easy transition, will appear from a comparison of the copia libe Ui of this writ with the libri copia of Aulus Gellius in the following passage: Catonis verba huic prorsus commentario indidissem, si libri copia, fuisset id ternporis cum, d'c. A, GelL Noct. Att, i. 23. The sense, it will be seen, is the same, whether the words " si libri copia fuisset" be translated '' if I had had the means of consultinff the book," or in the modem phrase, " if I had had a copy of the book."