Legal record

“ Greeting, Whereas the Knights, Citizens, and Burgesses, and Commissioners of Shires and Boroughs in Our Parliament of Great Britain assembled, having taken into their consideration the State of the Public Records of this Kingdom, and the necessity of providing for the better arrangement, preservation, and more convenient use of the same, have unto Us, that the Public Records of the Kingdom are in many Offices unarranged, undescribed, and unascertained; that many of them are exposed to erasure, alteration, and embezzlement, and are lodged in Buildings incommodious and insecure ”

“ If the record, including the opinion, leaves it a matter of doubtful inference upon what basis of fact the state court rested its decision of the Federal question, it seems to us very plain, upon general principles, that we ought to assume, so far as the state of the record permits, that it adopted such a basis of fact as would most clearly sustain its judgment. ”

“ Congress, in the execution of the power conferred upon it by the constitution, having prescribed the mode of attestation of records of the courts of one state to entitle them to be proved in the courts of another state, and having enacted that records so authenticated shall have such faith and credit in every court within the United States as they have by law or usage in the state from which they are taken, a record of a judgment so authenticated doubtless proves itself without further evidence ”

“ But the court which is best and most conveniently able to exercise the nice discretion needed to determine this balance of convenience is the one which has considered the case on its merits, and therefore is familiar with the record. Records in cases like this are often very voluminous. ”

“ IV. the Statute Roll is not preserved; after 4 Henry VII. it ceased to be made up; and ultimately it was succeeded, for practical Purposes, by the Inrollment in Chancery; [1] though during a short Period the Statute Roll and the Inrollment appear to have been contemporary.
The Materials for the several Periods during which no Statute Rolls or Parliamentary Records exist, can only be collected from Records, on which Copies or Extracts of Statutes have been entered; or from other Manuscripts not of Record ”

“ When the practice of a particular state or district requires a judgment record to be made up in each case, of course the clerk is entitled to his fees for services actually and necessarily performed in that connection, (U.S. v. Van Duzee, 140 U.S. 169, 176, par. 9, 11 Sup. Ct. Rep. 759;) but as to what shall be incorporated in such record there is no settled practice and some diversity of opinion.
A record is substantially a written history of the proceedings from the beginning to the end of the case, but nothing which is not properly matter of record can be made such by inserting it therein. ”

“ In the present crowded state of our docket it becomes us to be specially careful that our jurisdiction is not invoked for delay merely; and, when the record is presented in such a form that we can, without too great inconvenience, inform ourselves of the questions to be decided, we shall be inclined to receive applications of this kind. In the present case, we have a printed record, and it is evident we have no jurisdiction. ”

“ A preliminary objection is made that the certificate does not show whether the jurisdictional question arose from insufficient amount, want of diversity of citizenship, collusion, or otherwise. But we are of the opinion that an examination of the record, aided by the opinion of the court contained therein, and made part thereof, distinctly shows that the question of jurisdiction passed upon concerned the collusive character of the action of the complainant. ”

“ There are abundant materials in the Record Office, beginning in the reign of Richard I, for the proof and illustration of all these matters in detail. The records themselves which have fortunately been preserved are of inestimable value for those who know how to use them, teaching us how the Courts of King's Bench and Common Pleas acquired their respective jurisdictions, and the relations which each bore to the other, and the Eyre to both. ”

“ With respect to Entries of Record, in these Periods, That has been judged to be the most authentic Evidence of a Statute, which has been preserved as a Record or authentic Copy from antient Times, in the Custody of the highest Courts authorized for that Purpose. Such are Copies or Extracts of particular Statutes found in the Close, Patent, Fine, and Charter Rolls, being Records of Chancery. Such also are the Red Books of the Exchequer of Westminster, and Dublin. ”

“ We do not perceive any difficulty even in removing a judgment to this court after the admission of the State. The record remains a valid paper in the hands of an officer whose duties, except as custodian of the records, have ceased. [2] And it is settled that the writ of error to remove a record may go to the place where the record is lawfully deposited, and to the court or officer having lawful custody of it. There is no necessity that it should go to the tribunal which pronounced the judgment sought to be reversed. ”

“ If a clerk may, after a deed, together with the acknowledgment or probate thereof have been committed to record, under colour of amendment, add any thing to the record of the acknowledgment, we can see no just reason why he may not also subtract from it. ”

“ It is elementary that the certificate of a court of last resort of a state may not import a Federal question into a record where otherwise such question does not arise; it is equally elementary that such a certificate may serve to elucidate the determination whether a Federal question exists. ”

“ By an act, approved July 21, 1837, (Purple, Real Est. St. 496, 497,) it was provided that the recording of any deed, * * * whether executed within or without the state, by the recorder of the county in which the lands intended to be affected are situated, shall be deemed and taken to be notice to subsequent purchasers and creditors from the date of such recording, whether said writing shall have been acknowledged or proven in conformity with the laws of the state or not, and that the provisions of the act shall apply as well to writings heretofore as those hereafter admitted to record. ”

“ An act of 20th December, 1836, after requiring all persons who claim lands, by deed, lien, or any other color of title, to record their instruments of title in the clerk's office of the county where the land lies within twelve months from the 1st April, makes it, by the thirty-fifth section, the duty of the clerk to record all deeds, conveyances, mortgages, and other liens, and all other instruments in writing, provided that one of the witnesses shall swear to the signature of the signer, or he, himself, shall acknowledge the same. ”

“ That a court of record, whose proceedings can be proved by the record alone, should, at a subsequent term, determine that an order was made at a previous term, of which no trace could be found on its records, and that too after the repeal of the law which gave authority to make such an order; is a proceeding of so much delicacy and danger, which is liable to so much abuse; that some of us question the existence of the power. ”

“ The office of pleading is to inform the court and the parties of the facts in issue; the court, that it may declare the law, and the parties, that they may know what to meet by their proof. Nul tiel record puts in issue only the fact of the existence of the record, and is met by the production of the record itself valid upon its face, or an exemplification duly authenticated under the act of Congress. A defence requiring evidence to contradict the record must necessarily admit that the record exists as a matter of fact, and seek relief by avoiding its effect. ”

“ Beyond all doubt, the certificate of the clerk and the seal of the court is a sufficient authentication of the record of a judgment rendered in a State court, when offered in evidence in the Circuit Court sitting within the same State where the judgment was rendered. ”

“ And be it further enacted, That if any person shall apply to any register of any land office to enter any land whatever, and the said register shall knowingly and falsely inform the person so applying that the same has already been entered, and refuse to permit the person so applying to enter the same, such register shall be liable therefor to the person so applying, for five dollars for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount. ”

“ Neither is the opinion of the court a part of the record. Our rule 8, § 2, requires a copy of any opinion that is filed in a cause to be annexed to and transmitted with the record, on a writ of error or an appeal to this court, but that of itself does make it a part of the record below. ”

“ During the Periods in which Statute Rolls or other Parliamentary Records do actually exist, the Authentic Evidence of Statutes, (and of other Proceedings in Parliament, before the Commencement of the Journals,) must be searched for upon Statute Rolls; Inrollments of Acts; Exemplifications of such Statute Rolls or Inrollments; Transcripts by Writ into Chancery for the Purpose of such Exemplifications; Original Acts ”

“ And, as we have seen, one of the orders of the court imports upon its face a knowledge of the contract made by its commissioner, and amounts to a ratification of such contract. The well-settled maxim that a court of record can act only through its orders made of record, when applied to judicial proceedings, means that where the court must itself act, and act directly, that action must always be evidenced by the record. ”

“ If an internal appeal or an application to a court, as the case may be, is lodged against the granting of a request for access to a record, access to the record may be given only when the decision to grant the request is finally confirmed. ”

“ That the title exhibited by them was superior in point of law to that exhibited by the plaintiff. 2. That the title of the defendants was a regular chain of title, deducible of record from the United States, and if they believed from the evidence that the defendants, and those under whom they received the possession, had been in actual possession, by residence, of the premises more than seven years immediately preceding the commencement of the suit, and were still in possession when the suit was brought, then the plaintiff was not entitled to recover in this action. ”

“ It is an early and well-recognized principle that one great object in spreading an instrument of writing on a public record is to give constructive notice of its contents to all mankind.' It is a further inference which we are judicially bound to make, that records so carefully provided by law, and so useful, were in fact the common resort of the community whose dealings in real estate they were meant to register ”

“ If it should be admitted that a record is there to be found of this instrument, and that on application a copy of it might have been procured, it would be carrying the rule to pretty extravagant lengths to require the application to be made. ”

“ Assuming, what does not appear in the record, that the evidence stated in the bills of exceptions was all the evidence introduced at the trial and referred to in the certificate of division, that certificate is clearly insufficie t to support the jurisdiction of this court. ”

“ It is said, on the other hand, that they should have been read because they were a part of the record, and that when one part of a record of a suit is read all must be read.
When one party introduces and reads from such a record that which suits his purpose, the other party may read for his own benefit all that relates to that subject, or require the party introducing the record to do so. ”

“ In ancient times it was used to compel the production of a record for use as evidence; more often to supplement a defective record in an appellate court, and later, to remove, before judgment,-Harris v. ”

“ The condition of the record is such, in the absence of an exception by either party to any ruling of the court in the progress of the trial, and of a special finding of the court upon facts, that there is nothing open for our consideration outside of the questions embraced in the certificate of the judges. ”

“ Absent strong countervailing reasons, the public has a legitimate interest and right of general access to court records....” ( Estate of Hearst, supra, 67 Cal.App.3d at p. 784, 136 Cal.Rptr. 821.)
We are unaware of any showing made before Judge Breckenridge, other than the parties' stipulation, justifying sealing by the trial court of the record in this case. ”

“ Art. 4, sect. 1, of the Constitution provides that full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and that Congress may, by general laws, prescribe the manner in which such records shall be proved, and the effect thereof. Congress has exercised that power, and provided in effect that they shall be authenticated by the attestation of the clerk under the seal of the court, with the certificate of the judge that the attestation is in due form. ”

“ Acquiescence expressed by parol, and mutual understanding that a title should be released, cannot be made a substitute for a deed of release or surrender, executed and recorded. Deeds under seal can be surrendered and cancelled only by other deeds under seal. No prudent man would accept a title with full notice on record, and knowledge of such an outstanding title. ”

“ But why of all troubles the trouble of a Registry should be only grievous, I can't tell, unless because it puts an End to Strife: Is it such a mighty trouble for an Attorneys Clerk, when he is to enter up a Judgment, to step into the Registry and leave an Entry made of it? and is it such a great trouble for a Man when he has sealed a Deed to go to the Register to acknowledge it? ”