AUTHENTICATION

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AUTHENTICATION

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 whocertifies it is the officer appointed by law to do so. 2. The Constitution of the U. S., art. 4, s. 1, declares, "Full faithand credit shall be given in each state to the public acts, records andjudicial proceedings of every other state. And congress may by general lawsprescribe the manner in which such acts,, records and proceedings shall beproved, and the effect thereof." The object of the authentication is tosupply all other proof of the record. The laws of the United States haveprovided a mode of authentication of public records and office papers; theseacts are here transcribed. 3. By the Act of May 26, 1790, it is provided, "That the act of thelegislatures of the several states shall be authenticated by having the sealof their respective states affixed thereto: That the records and judicialproceedings of the courts of any state shall be proved or admitted, in anyother court within the United States, by the attestation of the clerk, andthe seal of the court annexed, if there be a seal, together with acertificate of the judge, chief justice or presiding magistrate, as the casemay be, that the said attestation is in due form. And the said records andjudicial proceedings, authenticated as aforesaid, shall have such faith andcredit 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 recordsare, or shall be taken." 4. The above act having provided only for one species of record, it wasnecessary to pass the Act of March 27, 1804, to provide for other cases. Bythis act it is enacted, Sec. 1. "That, from and after the passage of thisact, all records and exemplifications of office books, which are or may bekept in any public office of any state, not appertaining to a court, shallbe proved or admitted in any other court or office in any other state, bythe attestation of the keeper of the said records or books, and the seal ofhis office thereto annexed, if there be a seal, together with a certificateof the presiding justice of the court of the county or district, as the casemay be, in which such office is or may be kept or of the governor, thesecretary of state, the chancellor or the keeper of the great seal of thestate, that the said attestation is in due form, and by the proper officerand the said certificate, if given by the presiding justice of a court,shall be further authenticated by the clerk or prothonotary of the saidcourt, who shall certify, under his hand and the seal of his office, thatthe said presiding justice is duly commissioned and qualified; or if thesaid certificate be given by the; governor, the secretary of state, thechancellor or keeper of the great seal, it shall be under the great seal ofthe state in which the said certificate is made. And the said records andexemplifications, authenticated as aforesaid, shall have such faith andcredit given to them in every court and office within the United States, asthey have by law or usage in the courts or offices of the state from whencethe same are or shall be taken." 5.-2. That all the provisions of this act, and the act to which thisis, a supplement, shall apply, as well to the public acts, records, officebooks, judicial proceedings, courts, and offices of the respectiveterritories of the United States, and countries subject to the jurisdictionof the United States, as to the public acts, records, office books, judicialproceedings, courts and offices of the several states." 6. The Act of May 8, 1792, s. 12, provides: That all the records andproceedings of the court of appeals, heretofore appointed, previous to theadoption of the present constitution, shall be deposited in the office ofthe clerk of the supreme court of the United States, who is herebyauthorized 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 ofthe records and other proceedings of the said court are by law directed tobe given; which copies shall have like faith and credit as all otherproceedings of the said court." 7. By authentication is also understood whatever act is done either bythe party or some other person with a view of causing an instrument to beknown and identified as for example, the acknowledgment of a deed by thegrantor; the attesting a deed by witnesses. 2 Benth. on Ev. 449.

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