document

An instrument on which is recorded, by means of letters, figures or marks, matter which may be evidentially used. In this sense the term "document" applies to writings; to words printed, lithographed or photographed; to seals, plates or stones on which inscriptions are cut or engraved; to photographs and pictures; to maps and plans. The inscription may be on stone or gems or on wood, as well as on paper or parchment. 1 Whart. Ev. § 614; Johnson Steel Street-Rail Co. v. North Branch Steel Co. (C. C.) 48 Fed. 194; Arnold v. Water Co., 18 R. I. 189, 26 Atl. 55, 19 Lk IL A. 602; Hayden v. Van Cortlandt, 84 Hun, 150, 32 N. Y. Supp. 507. In the plural, the deeds, agreements, title-papers, letters, receipts, and other written instruments used to prove a fact.

In the civil law. Evidence delivered in the forms established by law, of whatever nature such evidence may be. The term is, however, applied principally to the testimony of witnesses. Sav. Dr. Rom. § 165.

— Ancient documents. Deeds, wills, and other writings more than thirty years old are so called; they are presumed to be genuine without express proof, when coming from the proper custody.

— Foreign document. One which was prepared or executed in, or which comes from, a foreign state or country.

— Judicial documents. Proceedings relating to litigation. They are divided into
(1) judgments, decrees, and verdicts;
(2) depositions, examinations, and inquisitions taken in the course of a legal process;
(3) writs, warrants, pleadings, etc., which are incident to any judicial proceedings. See 1 St&rkie, Ev. 252,

— Public document. A state paper, or other instrument of public importance or interest, issued or published by authority of congress or a state legislature. Also any document or record, evidencing or connected with the public business or the administration of public affairs, preserved in or issued by any department of the government. See Hammatt v. Emerson, 27 Me. 335, 46 Am. Dec. 598.

— Documentary evidence. Such evidence as is furnished by written instruments, inscriptions, documents of all kinds, and also any inanimate objects admissible for the purpose, as distinguished from "oral" evidence, or that delivered by human beings viva voce.

An instrument on which is recorded, by means of lelters, figures, or marks, Matter which may be evidentially used. In this sense the term “document” stones on which inscriptions are cut or engraved; to photographs and pictures; to maps and plans. The inscription may be on stone or gems, or on wood, as well as on paper or parchment. 1 Whart. Ev. § 614.

That which conveys information; that which furnishes evidence or proof; a written or printed instrument. An instrument on which is recorded, by means of letters, figures, or marks, matter which may be evidentially used.5 Documentary. Pertaining to what is written; consisting of one or more documents: as, documentary evidence. Ancient document. Any private writing thirty or more years old. See Weiting, Ancient. Foreign document. Such writing as originates in or comes from another jurisdiction. Judicial document. Any instrument emanating from a court of justice. Iiegislative, and executive, document. Any 1 Stevenson v. Weisser, 1 Bradf. 344 (N. T., 1860). ' Appeal of First Nat. Bank of Northumberland, 100 Pa. 437 (1882). s Philadelphia, &c. R. Co. v. Howard, 18 How. 331 (1851), cases; Be Coleman, 16 Blatch. 486-27 (1879), cases. instrument or record made or kept in the legislative or executive departments of government, and evidence of public business therein. Private dbeument. An instrument affecting the concerns of one or more individuals. Public document. An instrument or record concerning the business of the people at large, preserved in or emanating from any department of government; also, a publication printed or issued by order of one or both houses of Congress or of a State legislature. Public documents include state papers, maps, charts, and like formal instruments, made under pub- ' lie auspices. A copy of such document, issued bypublic authority, is as valid as the original; as, an officially published statute. The term also embraces official records recjuired to be kept by statute. ^ A public statute proves its own recitals; not so, a private statute. Journals of legislatures and executive documents are 23Wma/acie evidence of the facts they recite. ^ Official Registers, kept as required by law, are evidence of the facts they record. They must be identified, be complete, indicate accuracy, and not be secondary.^ Parish records of births, baptisms, marriages, and deaths are receivable as evidence when made by the persons whose duty it was to note such facts.* Family records prove family events. A relative instrument is inadmissible without its correlative. Admission of a part involves the whole document. All the usual iacidents accompany the document. 5 A document is to be proved by him who offers it; otherwise, when produced in pursuance of notice, or by an adverse party who relies on the writing as part of his title. A document sued upon must be proved when its execution has been denied.^ In matters of execution the law of the place where the instrument is to have effect governs. A writing void as a contract may be valid as an admission. The identity of a signer is to be proved. An agent's power to execute must first be shown.' See Alteeation, 2; Book; Copt; Evidence; Hakdwbitikg; Inspection, 2; Instrument, 2, 3; Lost, 2; Newspaper; Record; Seal, 1; Stamp; Wbiting. DOE; ROE. ' ' John Doe " and ' ' Richard Eoe" were fictitious persons used as standing-pledges (common bail, q. v.) for the ap- 1 See Mc Call v. United States, 1 Dak. 321-28 (1876;, cases; 1 Sup. E. S. pp. 154, 288. » 1 Whart. Ev. §§ 635-38; Whiton v. Albany, &o. Ins. Co., 109 Mass. 30 (ISTl), cases. 3 1 Whart. Ev. §§ 639-48; 1 Greenl. Ev. §§493, 484, 496. ' 1 Whart. Ev. §§ 649-59; 1 Greenl. Ev. § 493. ■ 0 1 Whart. Ev. §§ 618-20, 648. pearance of parties at a time when furnishing security for the prosecution of a suit by the plaintiff, and for attendance by the defendant, had become matters of form.l The names may have been first used for the fictitious plaintiff and defendant in the old action of ejectment.' See Straw. ■" Where defeiidants, whose real names were not known to the plaintiff, were described as " John Doe and Richard Roe, owners " of a particular vessel, and the true owners voluntarily appeared and filed answers, it was held that the plaintiff need not prove the ownership of the vessel. ^ DOGr. See Animal; Game, 3; Keeper, 3; Worry. The almost unbroken current of authority is that, although dogs are property, their running at large in cities may be regulated or entirely prohibited; the r&quirement may be that they be classified, be registered, wear collars, and be destroyed if found running at large in violation of a statute or ordinance.'* A dog is a "thing of value," and may be stolen, and burglary may be committed in attempting to steal it. 6