CITATION OF AUTHORITIES.
The production or reference to the text of acts of legislatures and of
treatises, and decided cases, in order to support what is advanced.
2.
Works are sometimes surcharged with useless and misplaced citations;
when they are judiciously made, they assist the reader in his
researches. Citations ought not to be made to prove what is not doubted;
but when a controverted point is mooted, it is highly proper to cite
the laws and cases, or other authorities in support of the controverted
proposition.
3.
The mode of citing statutes varies in the United States; the laws of
the United States are generally cited by their date, as the act of Sept.
24, 1789, s. 35; or act of 1819, eh. 170, 3 Story's U. S. Laws, 1722.
In Pennsylvania, acts of assembly are cited as follows: act of 14th of
April, 1834; in Massachusetts, stat. of 1808, c. 92. Treatises and books
of reports, are generally cited by the volume and page, as, 2 Powell on
Morts. 600; 3 Binn. R. 60. Judge Story and some others, following the
examples of the civilians, have written their works and numbered the
paragraphs; these are cited as follows: Story's Bailm. 494; Gould on Pl.
c. 5, 30. For other citaions the reader is referred to the article
Abbreviations.
4.
It is usual among the civilians on the continent of Europe, in
imitation of those in the darker ages, in their references to the
Institutes, the Code and the Pandects or Digest, to mention the number,
not of the book, but of the law, and the first word of the title to
which it belongs; and as there are more than a thousand of these, it is
no easy task for one not thoroughly acquainted with those collections,
to find the place to which reference is made. The American writers
generally follow the natural mode of reference, by putting down the name
of the collection, and then the number of the book, title, law, and
section. For example, Inst. 4, 15, 2, signifies Institutes, book four,
title fifteen, and section two; Dig. 41, 9, 1, 3, means Digest, book 41,
title 9, law 1, section 3; Dig. pro dote, or ff pro dote, that is,
section 3, law 1, of the book and title of the Digest or Pandects,
entitled pro dote. It is proper to remark, that Dig. and ff are
equivalent; the former signifies Digest, and the latter, which is a
careless mode of writing the Greek letter it, the first letter of the
word pavdectai, Pandects, and the Digest and Pandects are different
names for one and the same thing. The Code is cited in the same way. The
Novels are cited by their number, with tbat of the chapter and
paragraph; for example, Nov. 185, 2, 4; for Novella Justiniani 185,
capite 2, paragrapho 4. Novels are also quoted by the Collation, the
title, chapter, and paragraph as follows: in Authentics, Collatione 1
titulo 1, cap. 281. The Authentics are quoted by their first words,
after which is set down the title of the Code under which they are
placed for example, Authentica cum testator, Codice ad legem fascidiam
Sele Mackel. Man. Intro. 66. Modus Legendi Abbreviaturas passim in jure
tam civili quam pontificii occurrentes, 1577.
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