Blacks Law Dict. 1st ed

1004 RECORDARI FACIAS LOQUELAM

RECORD

RECORD COMMISSION. The name of a board of commissioners appointed for the purpose of searching out, classifying, index ing, or publishing the public records of a state or county. RECORD, CONVEYANCES BY. Ex traordinary assurances; as private acts of par liament, and royal grants. RECORD, COURTS OF. Those whose judicial acts and proceedings are enrolled in parchment, fora perpetual memorial and tes timony, which rolls are called the "records of the court," and are of such high and su pereminent authority that their truth is not to be called in question. Every court of rec ord has authority to fine and imprison for contempt of its authority. 3 Broom & H. Comm. 21, 30. RECORD, DEBTS OF. Those which appear to be due by the evidence of a court of record; such as a judgment, recognizance, etc. RECORD OF NISI PRIUS. In En glish law. An official copy or transcript of the proceedings in an action, entered on parch ment and "sealed and passed, "as it is termed, at the proper office; it serves as a warrant to the judge to try the cause, and is the only document at which he can judicially look for information as to the nature of the proceed ings and the issues joined. Brown. RECORD, TRIAL BY. A species of trial adopted for determining the existence or non-existence of a record. When a record is asserted by one party to exist, and the oppo site party denies its existence under the form of a traverse that there is no such record re maining in court as alleged, and issue is joined thereon, this is called an "issue ofniol tielrecord," and in such case the court awards a trial by inspection and examination of the record. Upon this the party affirming its ex istence is bound to produce it in court on a day given for the purpose, and, if he fails to do so, judgment is given for his adversary. Co. Litt. 1176, 260a; 3 Bl. Comm. 331. Recorda sunt vestigia vetustatis et veritatis. Records are vestiges of antiquity and truth. 2 Rolle, 296. RECORDARE. In American practice. A writ to bring up judgments of justices of the peace. 3 Jones, (N. C.) 491. RECORDARI FACIAS LOQUELAM. In English practice. A writ by which a suit or plaint in replevin may be removed from *

under authority of law, by a proper officer, and designed to remain as a memorial or per manent evidence of the matters to which it relates. There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, 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 offi cial and authentic history of the cause, con sisting 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 per petual and unimpeachable memorial of the proceedings and judgment. At common law, "record" signifies a roll of 'parchment upon which the proceedings and trans actions of a court are entered or drawn up by its officers, and which is then deposited in its treas ury in pcrpetuam rei memoriarn. 3 Steph. Comm. 5S3; 3 Bl. Comm. 24. A court of record is that where the acts and judicial proceedings are enrolled in parchment for a perpetual memori al and testimony, which rolls are called the "rec ords of the court," and are of such high and super eminent authority that their truth is not to be called in question. 34 Cal. 422. 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 same appears in the record furnished to the appellate court in the paper-books or other transcripts. Hence, derivatively, it means the aggregate of the various judicial steps taken on the trial below, in so far as they were taken, presented, or allowed in the formal 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 Bide the record," etc. RECORD AND WRIT CLERK. Four officers of the court of chancery were desig nated by this title, whose duty it was to file bills brought to them for that purpose. Busi ness was distributed among them according to the initial letter of the surname of the first plaintiff in a suit. Hunt, Eq. These officers are now transferred to the high court of justice under the judicature acts.

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