Author Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 Excerpt:...place, and in the keeping of some known officer, by law appointed and sworn for the purpose. It also follows that copies of these records, or of parts of them, as the case may be, properly authenticated, must be legal evidence, or otherwise facts contained in them never could be made parts of cases in trials at all. § ' utc records, thus established and kept, are the Feake/Pbil-highest evidence, "and are so respected in law, that no evilip-dence whatever can be received in contradiction of them;" and the validity of a record cannot be impeached by any allegation in pleading; Green &t al. v. Ovington, 16 Johns R. S5 j 1 East, 355; but is not conclusive as to the truth of allegations not material or traversable. Co. Lit. 352, cited 1 Phil. Evid. 238. Hence a pit. in a first action on a bond, may aver it made at B, and in a second action at A. See ch. 150, a. 2,s.27. 3. It remains in this article to inquire, what are public records in the United States, and especially in this State. Many are clearly so, as all the public acts and resolves of the Federal and State legislatures, entered in their books or rolls, kept for the purpose by their proper officers; so all the votes, orders, and resolves, appointments and legal decisions of the Federal and State executive, entered in and kept in a like manner; and so all the doings whatever so entered and kept, of the Federal and State judicial courts. As public law is in the breasts of the judges, the law presumes that they recognise it of course; not so as to private or special law, as private or special statutes &c.; these must be specially shewn in pleading or evidence, before judges will notice them in contemplation of law. As copies of private, as well as of public statutes, resolves, and ord...