Page:Black's Law Dictionary (Second Edition).djvu/1007

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RECORD 999 RECORDATUR  

Am. St. Rep. 391; Vidnr v. Rawlins, 93 Tex. 1359. 5-! S. W. 1026.

RECORD. 1:. A written account of some act. transaction, or instrument, drawn up, under aiithorlty of law, by a proper officer, and designed to remain as a nieniorial or permanent evidence of the matters to which it relates.

There are three kinds of records, viz.: (1) jmlitial, as an attninder; (2) ministerial, on with. being an oihce, or inquisition found; I3) by way of conveyaizce, as a deed enrolled. Wharton.

In practice. A -written memorial of all the acts and proceedings in an action or suit. in a court of record. The record is the oth- clal and authentic history of the cause, cou- slstlng in entries of each successive step in the proceedings, chronicling the various acts of the parties and of the court, couched in the formal language established by usage. terminating with the judgment rendered in the cause and intended to remain as a perpetual and unimpeachahie memorial of the proceedings and judgment.

At common. law. "ru-ord" signifies a roll of parchment upon which the procecdiugs and transactions of a court are entered or drawn up by its officeis,_ and which is then deposited in its treasury on pcrpetuuun ni memormm. 8 Sleph. Comm. 583: 3 “Bl. Comm. 24 A court of record is that where the acts and ju- dicial [)l'0CLE(lll]g'S are enrolled in parchment for a perpctlifll memorial and testimony, which rolls are called the "records of the court." and are of such high and supereruineut authority that their truth is not to be called in question. Hahn v. Kelly. 3-} Cal. 422. 94 Am. Dec. 7-12. And see O'Connell v. Hotchkiss, 44 Conn. 53 lllurrah v. State. -'51 lfiss. G’ Bellas v. Mc- Cartsv, 10 “'aLts il’a.) 24: U. S v. Taylor. 147 U. ‘. 695. 13 Sug. Ct. 479, 37 L. Ed. 335; State v. Godwin. 7 N. C. 403, 4-! Am Dec. 42: Vail v. Iglehart. 6.‘) I11. 334; State v. Anders. 64 Kan. T42. 68 Poo 668; Wilkinsrin v. llnilvriiy Co. (0. C.) 23 Fed. 562; In re Chrislern. -13 N. Y. Super. Ct. 531.

In the practice of appellate tribunals, the word "record" is generally understood to mean the history of the proceedings on the trial of the action below, (with the pleadings, offers, objections to evidence. rulings of the court. exceptions. charge. etc.,) in so far as the some appears in the record furnished to the appellate court in the paper-books or other transcripts. Hence. derivatively. it means the sg, qlte of the various judicial steps taken on the trial below, in so far as they were taken, presented, or allowed in the form- al and proper manner necessary to put them upon the record of the court. This is the meaning in such phrases as "no error in the record," "contents of the record," “out- side the record," etc.

--conveyances ‘by record. Extraordinary assurances; such as private acts of parliament nnd royal grai1ts.—Conrts of record. Those whose judicial acts and proceedings are en- rollcd in parchment, for B, perpetual memorial and testimony, which rolls are mailed the “records of the court." and are of such high and sn- pereminent nuthor-ity that their truth is not to be called in question. Every court of record has authority to fine and imprison for contempt of 'ts authority. 3 Broom & II. Comm. 21. 30. — ebts of record. Those which appear to be due by the evil‘lL-Lice of a court of record; such as a judgment, recognizance. etc —Dimi- nution of record. Incnmpleteness of the reccord sent up on appeal. See DIMINUTl0N.— Matter of record. See MA'ri'i::B.—Nul tiel record. See NITL.-—0f record. See that title. —Pncket record. A statute so called. Rrownl. pt. 2, p. 3l.—Pn'blic record. A record. memorial of sonic act or transaction, wriitcn evi- dence of something done, or document. considered as either concerning or Interesting the public, afiording notice or information [0 the public, or open to public inspection. " e Kcete v. Donnell, 92 Me. 151. -'12 Atl. 34. Clilnou v Orr. 71 Cal. . ‘. S14.-Record and writ clerk. Four officers of the court of cbancery were designated by this title, whose duty it was to file hills brought to them for that purpose. Busiiicss was distributed auionp: them according to the i tial letter of the surname of the first plnintilf in a suit. Hunt, Eu. These ollicers are now transferred to the high court of justice under the jurlicature acts.- Record commission. The name of a hoard of commissioners appointed for the purpose of searching out. classifving. indevins, or publish- In! the public records of a state or county. —Record of nisi prins. In English law. An official copv or transcript of the proceedings in an action, entered on pnrclirucut and “sealed and passed." as it is termed, at the proper otfire; it serves as a warrant to the judge to try the cause, and is the only docu- ment at Wlllth he can judicially look for information as to the nature of tho proceedings and the issues joi cd. Brown.—'l‘itle of record.

title to real estate. cvirlenu-(l null prov-ihle by one or more conveyances or other instru- ments all of which are duly entered on the pub- lic land rr~cnrds.—'I‘1-in] by record. A species of trial adopted for dctcrmining the Phifill-‘l|l"(’ or non—cxisl’ence of a record. “"ben a record is asserted by one party to e. st, and the opposite party denies its existence under the form of a traverse that there is no such record re-


record." and in such case the cnurt awards a trial by inspection and examination of the record. Upon this the partv affirming its existence is hound to produce it in couit on a day given for the purpose, and, if he fails to do so. jud::uicnt is given for his adversary Co. Litt. 1171:. 260a; 3 Bl. Comm. 331.

Iflecovrds cunt vestigln vehutatis at vex-itatis. Records are vestiges of antiquity and truth. 2 Itolle, 296.

RECORDARE. In American practice. A writ to bring up ju(‘lgments of justices of the peace. Halcombe v. Loudei-milk, 48 N. C. 491.

RECORDARI FACIAS LOQUELAM. In English practice. A writ by which a suit or plain: in replevln may he removed from a county court to one of the courts of West- minster Hall. 3 Bl. Comm. 149: 3 Rteph. 1'1. 522, 666. So termed from the emphatic words of the old writ, by which the sheriff was commanded to cause the plaint to be recorded, and to have the record before the su- perior court. Reg. Orig. 5D.

RECORDATUR. In old English practice.

An entry made upon a record, in order to