ORIGINAL ENTRY. The first entry made by a merchant, tradesman, or other person in his account-books, charging another with merchandise, materials, work or labor, or cash, on a contract made between them.
2. Such an entry, to be admissible as evi dence, must be made in a proper book. In general, the books in which the first entries are made, belonging to a merchant, trades man, or mechanic, in which are charged goods sold and delivered or work and labor done, are received in evidence. There are many books which are not evidence, a few of which will be here enumerated. A book made up by transcribing entries made on a slate by a journeyman, the transcript being made on the same evening, or sometimes not until nearly two weeks after the work was done, was considered as not being a book of original entries. 1 Rawle, Penn. 435 ; 4 id. 408-; 2 Watts, Penn. 451 ; 4 id. 258 ; 5 id. 432 ; 6 Whart. Penn. 189 ; 2 Miles, Penn. 268. A book purporting to be a book of original entries, containing au entry of the sale of goods when they were ordered, but before they were delivered, is not a book of original entries. 4 Rawle, Penn. 404. And unconnected scraps of paper, containing, as alleged, original entries of sales by an agent, on account of his principal, and appearing on their face to be irregularly kept, are not to he considered as a book of original entries. 13 Serg. & R. Penn. 126. See 2 Whart. Penn. 33 ; 4 M'Cord, So. C. 76 : 20 Wend. N. Y. 72; 1 Yeates, Penn. 198 ; 4 id. 341.
3. The entry must be made in the course vf business, and with the intention of making a charge for goods sold or work done: they ought not to be made after the lapse of one day. 1 Nott & McC. So. C. 130 ; 4 id. 77 ; 4 Berg. & R. Penn. 5 ; 9 id. 285 ; 8 Watts, Penn. 545. A book in which the charges are made when the goods are ordered is not admissible. 4 Rawle, Penn. 404; 3 Dev. No. C. 449.
The entry must he made in an intelligible manner, and not in figures or hieroglyphics which are understood by the seller only. 4 Rawle, Penn. 404. A charge made in the gross as "190 days' work," 1 Nott 8c M'C. So. C.130, or " for medicine and attendance," or " thirteen dollars for medicine and attend ance on one of the general's daughters in curing the hooping-cough," 2 Cons. So. C. 476, were rejected. An entry of goods with out earrying out any prices proves, at most, only a sale ; and the jury cannot, without other evidence, fix any price. 1 South. So.
C. 370. The charges should be specific, and denote the particular work or service charged as it arises daily, and the quantity, number, vreight, or other distinct designation of the materials or articles sold or furnished, and attach the price and vain?. to each item. 2 Const. So. C. 745 ; 2 Bail. So. C. 449 ; 1 Nott & M'C. So. C. 130.
4. The entry must, col course, have been made by a person having authority to make it, 4 Rawle, Penn. 404, and with a view to oharge the party. 8 Watts, Penn. 545.
The proof of the entry must be made by the person who made it. If made by the seller, he is competent to prove it from the necessity of the case, although he.has an in terest in the matter in dispute. 5 Conn. 496; 12 Johns. N. Y. 461 ; 1 Da11. Penn. 239. When made by a clerk, it must be proved by him. But in either case, when the person who made the entry is out of the reach of the pro cess of the court, as in the case of death, or absence out of the state, the handwriting may be proved by a person acquainted with the handwriting of the person who niade the entry. 2 Watts & S. Penn. 137. But the plaintiff is not competent to prove the hand writing of a deceased clerk who made the entries. 1 Browne, Penn. App. liii.
The books and original entries, when proved by the supplementary oath of the party, is prima facie evidence of the sale and delivery of goods, or of work and labor done. 1 Yeates, Penn. 347 ; Swift, Ev. 84 ; 3 Vt. 463 ; 1 M'Cord, So. C. 481; 2 Root, Conn. 59; 1 Cooke, Tenn. 38. But they are not evidence of money lent or cash paid, 1 Day, Conn. 104; 1 Aik. Vt. 73, 74 ; Kirb. Conn. 289 ; nor of the time a vessel lay at the plaintiff's wharf, 1 Browne, Penn. 257 ; nor of the de livery of goods to be sold on commission. 2 Whart. Penn. 33.
These entries are evidence in suits between third parties, 8 Wheat. 326 ; 3 Campb. 305, 377 ; 2 Perr. & D. 573 ; 15 Mass. 380 ; 20 Johns. N. Y. 168 ; 7 Wend. N. Y. 160 ; 15 Conn. 206 ; 7 Serg. 8c R. Penn. 116 ; 16 id. 89 ; 2 Harr. & J. Md. 77 ; 2 Rand. Va. 87 ; 1 Younge & C.Exch.53; and also in favor of the party himself. 2 Mart. La. x. s. 508 ; 4 id. 383 ; 2 Mass. 217 ; 1 Dall. Penn. 239 ; 2 Bay, .So. C. 173, 362 ; 5 Vt. 313 ; 1 Phillipps, Ev. 266, Cowen & H. note.