TO RECORD, the act of making a record.

2. Sometimes questions arise as to when the act of recording¹ is complete, as in the following case. A deed of real estate was acknowledged before the register of deeds and handed to him to be recorded, and at the same instant a creditor² of the grantor attached the real estate; in this case it was held the act of recording was incomplete without a certificate of the acknowledgment, and wanting that, the attaching creditor had the preference. 10 Pick. Rep. 72.

3. The fact of an instrument being recorded is held to operate as a constructive³ notice upon all subsequent purchasers of any estate, legal or equitable⁴, in the same property. 1 John. Ch. R. 394.

4. But all conveyances⁵ and deeds which may be de facto recorded, are not to be considered as giving notice; in order to have this effect the instruments must be such as are authorized⁶ to be recorded, and the registry must have been made in compliance⁷ with the law, otherwise the registry is to be treated as a mere⁸ nullity, and it will not affect a subsequent purchaser or encumbrancer unless he has such actual notice as would amount to a fraud. 2 Sell. & Lef. 68; 1 Sch. & Lef. 157; 4 Wheat. R. 466; 1 Binn. R. 40; 1 John. Ch. R. 300; 1 Story, Eq. Jur. §403, 404; 5 Greenl. 272.

RECORD OF NISI PRIUS, Eng. law. A transcript⁹ from the issue roll; it contains a copy of the pleadings and issue. Steph. Pl. 105.

RECORDARI FACIAS LOQUELAM, English practice. A writ¹⁰ commanding the sheriff, that he cause the plaint to be recorded which is in his county, without writ, between the parties there named, of the cattle, goods, and chattels¹¹ of the complainant taken and unjustly distrained as it is said, and that he have the said record before the court on a day therein named, and that he prefix¹² the same day to the parties, that then they may be there ready to proceed in the same plaint, 2 Sell. Pr. 166. See Refalo.

RECORDATUR. An order or allowance that the verdict returned on the nisi prius roll, be recorded. Bac. Ab. Arbitr. &c., D.

RECORDER. 1. A judicial¹³ officer of some cities, possessing generally the powers and authority of a judge. 3 Yeates' R. 300; 4 Dall. Rep. 299; but see 1 Rep. Const. Ct. 45. Anciently, recorder signified to recite or testify on re-collection as occasion might require what had previously¹⁴ passed in court, and this was the duty of the judges, thence called recordeurs. Steph. Plead. note 11. 2. An officer appointed to make record or onrolment of deeds and other legal instruments, authorized by law to be recorded.