RECORD. A written memnrial made by a .public officer authorized by law to perform that function, and intended bik i.erve as evi dence of something written, said, or done. 6 Call, Va. 78 ; 1 Dan. KT. 595.
2. Records may be either of legislative or judicial acts. Memorials of other acth are sometinies made by statutory provisions.
Legislative acts. The acts of congress and of the several legislatures are the highest kind of records. The printed journals of congress have been so considered. 1 Wharton, Dig. Evidence, pl. 112. And see Dough 593; Cowp. 17.
3. The proceedings of the courts of COID mon law are records. But every minute made by a clerk of a court for his own future guidance in making up his record is not a record. 4 Wash. C. C. 698. See 10 Penn. St. 157 ; 2 Pick. Mass. 448; 4 N. H. 450 ; 6 id. • 567 ; 5 Ohio St. 545 ; 3 Wend. N. Y. 267 ; 2 Vt. 573 ; 6 id. 580 ; 5 Day, Conn. 363 ; 3 T. B. Monr. Ky. 63.
Prcrceedings in courts of chancery are said not to be, strictly speaking, records ; but they are so considered. Gresley, Ev. 101. And see 8 Mart. La. N. s. 303 ; 1 Rawle, Penn. 381; 8 Yerg. Tenn. 142 ; 1 Pet. C. C. 352.
Tho legislatures of the several states have made the enrolment of certain deeds and other documents necessary in order to perpe tuate the memory of the facts they contain, and declared that the copies thus made should have the effect of records.
4. The fact of an instrument being re corded is held to operate as a constructive notice upon all subsequent purchasers of any estate, legal or equitable, in the same pro perty. 1 Johns. Ch. N. Y. 394.
But all conveyances and deeds which may be de facto recorded are not to he considered as giving notic'e: in order to have this effect, the instruments must be such as are author ized to be recorded, and the registry must have been made in compliance with the law, otherwise the registry is to he treated as a mere nullity, and it will not affect a subse quent purchaser or incumbrancer unless he has such aetual, notice as would amount to a fraud. 1 Schoales tic L. 157 ; 2 id. 68 ; 4 Wheat. 466 ; 1 Binn. Penn. 40 ; 1 Johns. Oh. N . Y. 300 ; 1 Story, Eq. Jur. N 403, 404; 5 Me. 272.
5. By the cov.,:rtitution of the United States, art. 4, s. 1, it is declared that " full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state ; and the •congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof." In pursuance of this power, congress have passed several acts directing the manner of authen ticating public records. See Act of Congr. May 26, 1790, 1, 1 U. S. Stat. at Large, 122; Mar. 27, 1804, 2 U. S. Stat. at Large, 298 ; Mar. 2, 1849, 9 U. S. Stat. at Large, 350. See FOREIGh LAWS; FOREIGN JUDGMENTS; CON FLICT OF LAWS ; AUTHENTICATION.