ATTEMPT, criminal law. An attempt to commit a crime, is an endeavor to
accomplish it, carried beyond mere preparation, but falling short of execution
of the ultimate design, in any part of it.
2. Between preparations and attempts to commit a crime, the distinction is in
many cases, very indeterminate. A man who buys poison for the purpose of
committing a murder, and mixes it in the food intended for his victim, and
places it on a table where he may take it, will or will not be guilty of an
attempt to poison, from the simple circumstance of his taking back the poisoned
food before or after the victim has had an opportunity to take it; for if
immediately on putting it down, he should take it up, and, awakened to a just
consideration of the enormity of the crime, destroy it, this would amount only
to preparations and certainly if before he placed it on the table, or before he
mixed the poison with the food, he had repented of his intention there would
have been no attempt to commit a crime; the law gives this as a locus
penitentiae. An attempt to commit a crime is a misdemeanor; and an attempt to
commit a misdemeanor, is itself a misdemeanor. 1 Russ. on Cr. 44; 2 East, R. 8;
3 Pick. R. 26; 3 Benth. Ev. 69; 6 C. & P. 368.
ATTENDANT. One who owes a duty or service to another, or in some sort
depends upon him. Termes de la Ley, h. t. As to attendant terms, see Powell on
Morts. Index, tit. Attendant term; Park on Dower, c. 1 7.
ATTENTAT, In the language of the civil and canon laws, is anything
whatsoever in the suit by the judge a quo, pending an appeal. 1 Addams, R. 22,
n.; Ayl. Par. 100.
ATTERMINING. The granting a time or term for the payment of a debt.
This word is not used. See Delay.
ATTESTATION, contracts and evidence. The act of witnessing an
instrument of writing, at the request of the party making the same, and
subscribing it as a witness. 3 P. Wms. 254 2 Ves. 454 1 Ves. & B. 362;3
Marsh. 146; 3 Bibb. 494; 17 Pick. 373.
2. It will be proper to consider, 1. how it is to be made 2. bow it is
proved; 3. its effects upon the witness; 4. its effect upon the parties.
3. – 1. The attestation should be made in the case of wills, agreeably to the
direction of the statute; Com. Dig. Estates, E 1 and in the case of deeds or
other writings, at the request of the party executing the same. A person who
sees an instrument executed, but is not desired by the parties to attest it, is
not therefore an attesting witness, although he afterwards subscribes it as
such. 3 Camp. 232. See, as to the form of attestation, 2 South. R. 449.
4. – 2. The general rule is, that an attested instrument must be proved by
the attesting witness. But to this rule there are various exceptions, namely: 1.
If he reside out of the jurisdiction of the court; 22 Pick. R. 85; 2. or is
dead; 3. or becomes insane; 3 Camp. 283; 4. or has an interest; 5 T. R. 371; 5.
or has married the party who offers the instrument; 2 Esp. C. 698 6. or refuses
to testify 4 M. & S. 353; 7. or where the witness swears he did not see the
writing executed; 8. or becomes infamous; Str. 833; 9. or blind; 1 Ld. Raym.
734. From these numerous cases, and those to be found in the books, it would
seem that, whenever from any cause the attesting witness cannot be had secondary
evidence may be given. But the inability to procure the witness must be
absolute, and, therefore, when be is unable to attend from sickness only, his
evidence cannot be dispensed with. 4 Taunt. 46. See 4 Halst. R. 322; Andr. 236 2
Str. 1096; 10 Ves. 174; 4 M. & S. 353 7 Taunt. 251; 6 Serg. & Rawle,
310; 1 Rep. Const.; Co. So. Ca. 310; 5 Cranch, 13; Com. Dig. tit. Testmoigne,
Evidence, Addenda; 5 Com. Dig. 441; 4 Yeates, 79.
5. – 3. When the witness attests an instrument which conveys away, or
disposes of his property or rights, he is estopped from denying the effects of
such instrument; but in such case he must have been aware of its contents, and
this must be proved. 1 Esp. C. 58.
6. – 4. Proof of the attestation is evidence of the sealing and delivery. 6
Serg. & Rawle, 311; 2 East, R. 250; 1 Bos. & Pull. 360; 7 T. R. 266.
See, in general, Starkie's Ev. part 2, 332; 1 Phil. Ev. 419 to 421; 12 Wheat.
91; 2 Dall. 96; 3 Rawle's Rep. 312 1 Ves. Jr. 12; 2 Eccl. Rep. 60, 214, 289, 367
1 Bro. Civ, Law, 279, 286; Gresl. Eq. Ev. 119 Bouv. Inst. n. 3126.
ATTESTATION CLAUSE, wills and contracts. That clause wherein the
witnesses certify that the instrument has been executed before them, and the
manner of the execution of the same. The usual attestation clause to a will, is
in the following formula, to wit: "Signed, sealed, published and declared by the
above named A B, as and for his last will and testament, in the presence of us,
who have hereunto subscribed our names as the witnesses thereto, in the presence
of the said testator, and of each other." That of deeds is generally in these
words " Sealed and delivered in the presence of us."
2. When there is an attestation clause to a will, unsubscribed by witnesses,
the presumption, though slight, is that the will is in an unfinished state; and
it must be removed by some extrinsic circumstances. 2 Eccl. Rep. 60. This
'presumption is infinitely slighter, where the writer's iutention to have it
regularly attested, is to be collected only from the single vord " witnesses."
Id. 214. See 3 Phillim. R. 323; S. C. 1 Eng. Eccl. R. 407.
ATTESTING WITNESS. One who, upon being required by the parties to an
instrument, signs his name to it to prove it, and for the purpose of
2. The witness must be desired by the parties to attest it, for unless this
be done, he will not be an attesting witness, although he may have seen the
parties execute it. 3 Campb. 232. See Competent witness; Credible witness;
Disinterested witness; Respectable witness; Subscribing witness; and Witness;
Witness instrumentary; 5 Watts, 399; 3 Bin. 194.
ATTORNEY. One who acts for another by virtue of an appointment by the
latter. Attorneys are of various kinds.
2. Attorney in fact. A person to whom the authority of another, who is called
the constituent, is by him lawfully delegated. This term is employed to
designate persons who act under a special agency, or a special letter of
attorney, so that they are appointed in factum, for the deed, or special act to
be performed; but in a more extended sense it includes all other agents employed
in any business, or to do any act or acts in pais for another. Bac. Ab.
Attorney; Story, Ag. 25.
3. All persons who are capable of acting for themselves, and even those who
are disqualified from acting in their own capacity, if they have sufficient
understanding, as infants of a proper age and femes coverts, may act as
attorneys of others. Co. Litt. 52, a; 1 Esp. Cas. 142; 2 Esp. Cas. 511 2 Stark.
Cas. N. P. 204.
4. The form of his appointment is by letter of attorney. (q. v.)
5. The object of his appointment is the transaction of some business of the
constituent by the attorney.
6. The attorney is bound to act with due diligence after having accepted the
employment, and in the end, to 'render an account to his principal of the acts
which be has performed for him. Vide Agency; Agent; Authority; and
7. Attorney at law. An officer in a court of justice, who is employed by a
party in a cause to manage the same for him. Appearance by an attorney has been
allowed in England, from the time of the earliest records of the courts of that
country. They are mentioned in Glanville, Bracton, Fleta, and Britton; and a
case turning upon the party's right to appear by attorney, is reported, B. 17
Edw. III., p. 8, case 23. In France such appearances were first allowed by
letters patent of Philip le Bel, A. D. 1290. 1 Fournel, Hist. des Avocats, 42;
43, 92, 93 2 Loisel Coutumes, 14, 15. It results from the nature of their
functions, and of their duties, as well to the court as to the client, that no
one can, even by consent, be the attorney of both the litigating parties, in the
same controversy. Farresly, 47.
8. In some courts, as in the supreme court of the United States, advocates
are divided into counsellors at law, (q. v.) and attorneys. The business of
attorneys is to carry on the practical and formal parts of the suit. 1 Kent,
Com. 307. See as to their powers, 2 Supp. to Ves. Jr. 241, 254; 3 Chit. Bl. 23,
338; Bac. Ab. h. t.; 3 Penna. R. 74; 3 Wils. 374; 16 S. & R. 368; 14 S.
& R. 307; 7 Cranch, 452; 1 Penna. R. 264. In general, the agreement of an
attorney at law, within the scope of his employment, binds his client; 1 Salk.
86 as to amend the record, 1 Binn. 75; to refer a cause 1 Dall. Rep. 164; 6
Binn. 101; 7 Cranch, 436; 3 Taunt. 486; not to sue out a writ of error; 1 H. Bl.
21, 23 2 Saund. 71, a, b; 1 Term Rep. 388 to strike off a non pros; 1 Bin.
469-70 to waive a judgment by default; 1 Arcb. Pr. 26; and this is but just and
reasonable. 2 Bin. 161. But the act must be within the scope of their authority.
They cannot, for example, without special authority, purchase lands for the
client at sheriff's sale. 2 S. & R. 21 11 Johns. 464.
9. The name of attorney is given to those officers who practice in courts of
common law; solicitors, in courts. of equity and proctors, in courts of
admiralty, and in the English ecclesiastical courts.
10. The principal duties of an attorney are, 1. To be true to the court and
to his client; 2. To manage the business of his client with care, skill and
integrity. 4 Burr. 2061 1 B. & A. 202; 2 Wils. 325; 1 Bing. R. 347; 3. To
keep his client informed as to the state of his business; 4. To keep his secrets
confided to him as such. See Client Confidential Communication.
11. For a violation of his duties, an action will in general lie; 2 Greenl.
Ev. 145, 146; and, in some cases, he may be punished by an attachment. His
rights are, to be justly compensated for his services. Vide 1 Keen's R. 668;
Client; Counsellor at law.
12. Attorney-general of the United States, is an officer appointed by the
president. He should be learned in the law, and be sworn or affirmed to a
faithful execution of his office.
13. His duties are to prosecute and conduct all suits in the supreme court,
in which the United States shall be concerned; and give his advice upon
questions of law, when required by the president, or when requested by the heads
of any of the departments, touching matters that may Concern their departments.
Act of 24th Sept. 1789.
14. His salary is three thousand five hundred dollars per annum, and he is
allowed one clerk, whose compensation shall not exceed one thousand dollars per
annum. Act 20th Feb. 1819, 3 Story's Laws, 1720, and Act 20th April, 1818, s. 6,
3 Story's Laws, 1693. By the act of May 9, 1830, 4 Sharsw. cont. of Story, L. U.
S. 2208, 10, his salary is increased five hundred dollars per annum.
ATTORNMENT, estates. Was the agreement of the tenant to the grant of
the seignory, or of a rent, or the agreement of the donee in tail, or tenant for
life, or years, to a grant of a reversion or of a remainder made to another. Co.
Litt. 309; Touchs. 253. Attornments are rendered unnecessary, even in England,
by virtue of sundry statutes, and they are abolished in the United States. 4
Kent, Com. 479; 1 Hill. Ab. 128, 9. Vide 3 Vin. Ab. 317; 1 Vern. 330, n.; Saund.
234, n. 4; Roll. Ab. h. t.; Nelson's Ab. h. t.; Com. Dig. h. t.
AU BESOIN. This is a French phrase, used in commercial law. When the
drawer of a foreign bill of exchange wishes as a matter of precaution, and
to-save expenses, he puts in the corner of the bill, " Au besoin chez Messieurs
or, in other words, " In case of need, apply to Messrs. at __________ "
___________." 1 Bouv. Inst. n. 1133 Pardess Droit Com. 208.
AUBAINE, French law. When a foreigner died in France, the crown by
virtue of a right called droit d'aubaine, formerly claimed all the personal
property such foreigner had in France at the time of his death. This barbarous
law was swept away by the French revolution of 1789. Vide Albinatus Jus. 1
Malleville's Analyse de la Discussion du Code Civil, pp. 26, 28 1 Toullier, 236,
AUCTION, commerce, contract. A public sale of property to the highest
bidder. Among the Romans this kind of sale, was made by a crier under a spear
(sub hasta) stuck in the ground.
2. Auctions are generally held by express authority, and the person who
conducts them is licensed to do so under various regulations.
3. The manner of conducting an auction is imaterial; whether it be by public
outcry or by any other manner. The essential part is the selection of a
purchaser from a number of bidders. In a case where a woman continued silent
during the whole time of the sale, but whenever anyone bid she gave him a glass
of brandy, and when the sale broke up, the person who received the last glass of
brandy was taken into a private room, and he was declared to be the purchaser;
this was adjudged to be an auction. 1 Dow. 115.
4. The law requires fairness in auction sales, and when a puffer is employed
to raise the property offered for sale on bona fide bidders, or a combination is
entered into between two or more persons not to overbid each other, the contract
may in general be avoided. Vide Puffer, and 6 John. R. 194; 8 John. R. 444; 3
John. Cas. 29; Cowp. 395; 6 T. R. 642; Harr. Dig. Sale, IV.; and the article
Conditions Sale. Vide Harr. Dig. Sale, IV.; 13 Price, R. 76; M'Clel. R. 25; 6
East, R. 392; 5 B. & A. 257; S. C. 2 Stark. R. 295; 1 Esp. R. 340; 5 Esp. R.
103 4 Taunt. R. 209; 1 H. Bl. R. 81; 2 Chit. R. 253; Cowp. R. 395; 1 Bouv.
Inst., n. 976.
AUCTIONEER, contracts, commerce. A person authorized by law to sell
the goods of others at public sale.
2. He is the agent of both parties, the seller and the buyer. 2 Taunt. 38,
209 4 Greenl. R. 1; Chit. Contr. 208.
3. His rights are, 1. to charge a commission for his services; 2. be has an
interest in the goods sold coupled with the possession; 3. he has a lien for his
commissions; 4. he may sue the buyer for the purchase-money.
4. He is liable, 1. to the owner for a faithful discharge of his duties in
the sale, and if he gives credit without authority, for the value of the goods;
2. he is responsible for the duties due to the government; 3. he is answerable
to the purchaser when he does not disclose the name of the principal; 4. be may
be sued when he sells the goods of a third person, after notice not to sell
them. Peake's Rep. 120; 2 Kent, Com. 423, 4; 4 John. Ch. R. 659; 3 Burr. R.
1921;.2 Taunt. R. 38; 1, Jac. & Walk. R. 350; 3 V. & B. 57; 13 Ves. R.
472; 1 Y. & J. R. 389; 5 Barn, & Ald. 333; 1 H. Bl. 81; 7 East, R. 558;
4 B. & Adolpb. R. 443; 7 Taunt. 209; 3 Chit. Com. L. 210; Story on Ag. 27 2
Liv. Ag. 335 Cowp. 395; 6 T. R. 642; 6 John. 194; Bouv. Inst. Index, h. t.
AUCTOR. Among the Romans the seller was called auctor; and public,
sales were made by fixing a spear in the forum, and a person who acted as crier
stood by the spear the catalogue of the goods to be sold was made in tables
AUDIENCE. A hearing. It is usual for the executive of a country to
whom a minister has been sent, to give such minister an audience. And after a
minister has been recalled, au audience of leave usually takes place.
AUDIENCE COURT, Eng. eccl. law. A court belonging to the archbishop of
Canterbury, having the same authority with the court of arches. 4 Inst. 337.
AUDIENDO ET TERMINANDO, oyer and terminer, English crim. law. A writ,
or rather a commission, directed to certain persons for the trial and punishment
of such persons as have been concerned in a riotous assembly, insurrection or
other heinous misdemeanor.
AUDITA QUERELA. A writ applicable to the case of a defendant against
whom a judgment has been recovered, (and who is therefore in danger of execution
or perhaps actually in execution,) grounded on some matter of discharge which
happened after the judgment, and not upon any matter which might have been
pleaded as a defence to the action. 13 Mass. 453; 12 Mass. 270; 6 Verm. 243;
Bac. Ab. h. t.; 2 Saund. 148, n. 1; 2 Sell. Pr. 252.
2. It is a remedial process, which bears solely on the wrongful acts of the
opposite party, and not upon the erroneous judgments or acts of the court. 10
Mass. 103; 17 Mass. 159; 1 Aik. 363. It will therefore, where the cause of
complaint is a proper subject for a writ of error. 1 Verm. 433, 491; Brayt.
3. An audita querela is in the nature of an equitable suit, in which the
equitable rights of the parties will be considered. 10 Mass. 101; 14 Mass. 448 2
John. Cas. 227.
4. An audita querela is a regular suit, in which the parties may plead, take
issue, &c. 17 John. 484. But the writ must be allowed in open court, and is
not, of itself, a supersedeas, which may or may not be granted, in the
discretion of the court, according to circumstances. 2 John. 227.
5. In modern practice, it is usual to grant the same relief, on motion, which
might be obtained by audita querela: 4 John. 191 11 S. & R. 274 and in
Virginia, 5 Rand. 639, and South Carolina, 2 Hill, 298; the summary remedy, by
motion, has superseded this ancient remedy. In Pennsylvania this writ. It seems,
may still be maintained, though relief is more generally obtained on motion. 11
S. & R. 274. Vide, generally, Pet. C. C. R. 269; Brayt. 2 or, 28; Walker, 66
1 Chipm. 387; 3 Conn. 260; 10 Pick. 439 1 Aik. 107; 1 Overt. 425 2 John. Cas.
227 1 Root; 151; 2 Root, 178; 9 John. 221 Bouv. Inst. Index, h. t.
AUDITOR. An officer whose duty is to examine the accounts of officers
who have received and dishursed public moneys by lawful authority. See Acts of
Congress, April 3, 1817; 3 Story's Laws U. S. 1630; and the Act of February 24,
1819, 3 Story's L. U. S. 1722.
AUDITORS, practice. Persons lawfully appointed to examine and digest
accounts referred to them, take down the evidence in writing, which may be
lawfully offered in relation to such accounts, and prepare materials on which a
decree or judgment may be made; and to report the whole, together with their
opinion, to the, court in which such accounts originated. 6 Cranch, 8; 1 Aik.
145; 12 Mass. 412.
2. Their report is not, per se, binding and conclusive, but will become so,
unless excepted to. 5 Rawle, R. 323. It may be set aside, either with or without
exceptions to it being filed. In the first case, when errors are apparent on its
face, it may be set aside or corrected. 2 Cranch, 124; 5 Cranch, 313. In the
second case, it may be set aside for any fraud, corruption, gross misconduct, or
error. 6 Cranch, 8; 4 Cranch, 308; 1 Aik. 145. The auditors ought to be sworn,
but this will be presumed. 8 Verm. 396.
3. Auditors are also persons appointed to examine the accounts subsisting
between the parties in an action of account render, after a judgment quod
computet. Bac. Ab. Accompt, F.
4. The auditors are required to state a special account, 4 Yeates, 514, and
the whole is to be brought down to the time when they make an end of their
account. 2 Burr. 1086. And auditors are to make proper charges and credits
without regard to time, or the verdict. 2 S. & R. 317. When the facts or
matters of law are disputed before them, they are to report them to the court,
when the former will be decided by a jury, and the latter by the court, and the
result sent to the auditors for their guidance. 5 Binn. 433.
AUGMENTATION, old English law. The name of a court erected by Henry
VIII., which was invested with the power of determining suits and controversies
relating to monasteries and abbey lands.
AULA REGIS. The name of an English court, so called because it was
held in the great hall of the king's palace. Vide Curia Regis.
AUNT, domestic relations. The sister of one's father or mother; she is
a relation in the third degree. Vide 2 Com. Dig. 474 Dane's Ab. c. 126, a. 3.
AUTER. Another. This word is frequently used in composition, us auter
droit, auter vie, auter action, &c. .
AUTRE ACTION PENDANT. A plea that another action is pending for the
2. It is evident that a plaintiff cannot have two actions at the same time,
for the same cause, against the same defendant; and when a second action is so
commenced, and this plea is filed, the first action must be discontinued, and
the costs paid, and this ought to be done before the plaintiff replies nul tiel
record. Grah. Pr. 98. See Lis Pendens.
3. But the suit must be for the same cause, in order to take advantage of it
under these circumstances, for if it be for a different cause, as, if the action
be for a lien, as, a proceeding in, rem to enforce a mechanic's lien, it cannot
be pleaded in abatement in an action for the labor and materials. 3 Scamm. 201.
See 16 Verm. 234; 1 Richards, 438; 3 Watts & S. 395 7 Mete. 570; 9 N. H.
4. In general, the pending of another action must be pleaded in abatement; 3
Rawle, 320; 1 Mass. 495; 5 Mass. 174, 179; 2 N. H. Rep. 36 7 Verm. 124; 3 Dana,
157; 1 Ashm. 4, 2 Browne, 175 4 H. & M. 487; but in a penal action, at the
suit of a common informer, the priority of a former suit for the same penalty in
the name of a third person, may be pleaded in bar, because the party who first
sued is entitled to the penalty. 1 Chit. PI. 443.
5. Having once arrested a defendant, the plaintiff cannot, in general, arrest
him again for the same cause of action. Tidd. 184. But under special
circumstance's, of which the court will judge, a defendant may be arrested a
second time. 2 Miles, 99, 100, 141, 142. Vide Bac. Ab. Bail in civil cases, B 3;
Grah. Pr. 98; Troub. & H. Pr. 44; 4 Yeates, 206, 1 John. Cas. 397; 7 Taunt.
151; 1 Marsh. 395; and Lis Pendens.
AUTER DROIT, or more properly, Autre Droit, another's right. A man may
sue Or be sued in another's right; this is the case with executors and
AUTHENTIC. This term signifies an original of whichthere is no
AUTHENTIC ACT, civil law, contracts, evidence. The authentic act is
that which has been executed before a notary or other public officer authorized
to execute such functions, or which is testified by a public seal, or has been
rendered public by the authority of a competent magistrate, or which is
certified as being a copy of a public register. Nov. 73, c. 2; Code, 7, 52; 6;
Id. 4, 21; Dig. 22, 4.
2. In Louisiana, the authentic act, as it relates to contracts, is that which
has been executed before a notary public or other officer authorized to execute
such functions, in presence of two witnesses, free, male, and aged at least
fourteen years, or of three witnesses, if the party be blind. If the party does
not know how to sign, the notary must cause him to affix his mark to the
instrument. Civil Code of Lo., art. 2231.
3. The authentic act is full proof of the agreement contained in it, against
the contracting parties and their. heirs or assigns, unless it be declared and
proved to be a forgery. Id. art. 2233. Vide Merl. Rep. h. t.
AUTHENTICATION, practice. An attestation made by a proper officer, by
which he certifies that a record is in due form of law, and that the person who
certifies it is the officer appointed by law to do so.
2. The Constitution of the U. S., art. 4, s. 1, declares, "Full faith and
credit shall be given in each state to the public acts, records and judicial
proceedings of every other state. And congress may by general laws prescribe the
manner in which such acts, records and proceedings shall be proved, and the
effect thereof." The object of the authentication is to supply all other proof
of the record. The laws of the United States have provided a mode of
authentication of public records and office papers; these acts are here
3. By the Act of May 26, 1790, it is provided, "That the act of the
legislatures of the several states shall be authenticated by havig the seal of
their respective states affixed thereto: That the records and judicial
proceedings of the courts of any state shall be proved or admitted, in any other
court within the United States, by the attestation of the clerk, and the seal of
the court annexed, if there be a seal, together with a certificate of the judge,
chief justice or presiding magistrate, as the case may be, that the said
attestation is in due form. And the said records and judicial proceedings,
authenticated as aforesaid, shall have such faith and credit given to them, in
every court within the United States, as they have, by law or usage, in the
courts of the state from whence the said records are, or shall be taken."
4. The above act having provided only for one species of record, it was
necessary to pass the Act of March 27, 1804, to provide for other cases. By this
act it is enacted, 1. " That, from and after the passage of this act, all
records and exemplifications of office books, which are or may be kept in any
public office of any state, not appertaining to a court, shall be proved or
admitted in any other court or office in any other state, by the attestation of
the keeper of the said records or books, and the seal of his office thereto
annexed, if there be a seal, together with a certificate of the presiding
justice of the court of the county or district, as the case may be, in which
such office is or may be kept or of the governor, the secretary of state, the
chancellor or the keeper of the great seal of the state, that the said
attestation is in due form, and by the proper officer and the said certificate,
if given by the presiding justice of a court, shall be further authenticated by
the clerk or prothonotary of the said court, who shall certify, under his hand
and the seal of his office, that the said presiding justice is duly commissioned
and qualified; or if the said certificate be given by the; governor, the
secretary of state, the chancellor or keeper of the great seal, it shall be
under the great seal of the state in which the said certificate is made. And the
said records and exemplifications, authenticated as aforesaid, shall have such
faith and credit given to them in every court and office within the United
States, as they have by law or usage in the courts or offices of the state from
whence the same are or shall be taken."
5. – 2. That all the provisions of this act, and the act to which this is, a
supplement, shall apply, as well to the public acts, records, office books,
judicial proceedings, courts, and offices of the respective territories of the
United States, and countries subject to the jurisdiction of the United States,
as to the public acts, records, office books, judicial proceedings, courts and
offices of the several states."
6. The Act of May 8, 1792, s. 12, provides: That all the records and
proceedings of the court of appeals, heretofore appointed, previous to the
adoption of the present constitution, shall be deposited in the office of the
clerk of the supreme court of the United States, who is hereby authorized and
directed to give copies of all such records and proceedings, to any person
requiring and paying for the same, in like manner as copies of the records and
other proceedings of the said court are by law directed to be given; which
copies shall have like faith and credit as all other proceedings of the said
7. By authentication is also understood whatever act is done either by the
party or some other person with a view of causing an instrument to be known and
identified as for example, the acknowledgment of a deed by the grantor; the
attesting a deed by witnesses. 2 Benth. on Ev. 449.
AUTHENTICS, civ. law. This is the name given to a collection of the
Novels of Justinian, made by an anonymous author. It is called authentic on
account of its authority.
2. There is also another collection which bears the name of authentics. It is
composed of extracts made from the Novels, by a lawyer named Irnier, and which
he inserted in the code at such places as they refer; these extracts have the
reputation of not being correct. Merlin, Repertoire, mot Authentique.