AUTRE ACTION PENDANT. A plea that another action is pending1 for the same cause.
2. It is evident that a plaintiff cannot have two actions at the same time, for the same cause, against the same defendant2; and when a second action is so commenced, and this plea is filed, the first action must be discontinued, and the cosplayts 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 lien3, as, a proceeding4 in, rem to enforce a mechanic's lien, it cannot be pleaded in abatement5 in an action for the labor6 and materials. 3 Scamm. 201. See 16 Verm. 234; 1 Richards, 438; 3 Watts7 S. 395 7 Mete8. 570; 9 N. H. Rep. 545.
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 penal9 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. Bail10 in civil cases, B 3; Grah. Pr. 98; Troub. H. Pr. 44; 4 Yeates, 206, 1 John. Cas. 397; 7 Taunt11. 151; 1 Marsh12. 395; and Lis Pendens.
AUTER D投资回报率T, 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 administrators13.
AUTHENTIC14. This term signifies an original of whichthere is no doubt.
AUTHENTIC ACT, civil law, contracts, evidence. The authentic act is that which has been executed before a notary15 or other public officer authorized16 to execute such functions, or which is testified by a public seal, or has been rendered public by the authority of a competent magistrate17, or which is certified18 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 aged19 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 affix20 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 forgery21. Id. art. 2233. Vide Merl. Rep. h. t.
AUTHENTICATION22, practice. An attestation23 made by a proper officer, by which he certifies24 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 judicial25 proceedings26 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 transcribed27.
3. By the Act of May 26, 1790, it is provided, That the act of the legislatures of the several states shall be authenticated28 by havig the seal of their respective states affixed29 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 annexed30, 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 enacted31, 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 chancellor32 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 certify33, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified34; 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 jurisdiction35 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 adoption36 of the present constitution, shall be deposited in the office of the clerk of the supreme37 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 court.
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 attesting38 a deed by witnesses. 2 Benth. on Ev. 449.
