Page:Black's Law Dictionary (Second Edition).djvu/191

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


CERTA DEBET ESSE INTENTIO

qua: deducitur in judicium. The design and imrruiion ought to be certain, and the foundation certain, and the matter certain, which is hrought into court to be tried. Co. Litt Wu.

GERTA RES. In old English law. A certain thing Fleta, lib. 2, c. 60, §§ 24, 25.

CERTAIN. Ascertained; precise; iden-

Lliicd; definitive, clearly known; unambig- uous, or, in law, capable of being identified or made known, without liability to mistake or ambiguity, from data already given. Cooper v. Bigly. 13 Mich. 479; Losecco v. Gregory, 105 La. G48 32 South. 9815; Smith r l1‘yier. 2 Hill (N. Y.) 6-19; Civ. Code La. 19110. art. 3556. —-Cervtain services. In feudal and old _Eu_.- hli law. Such services as were stiutn,-ii (innittd or defined) Lu quantity, and could not be ex- -it-dcd on any pretense; as to pay a stated an- Oi xl rent. in to plow such it held for three days. 2 Bl Comm. 61.

GERTAINTY. In pleading. Distinct- aess: clearness of statement: Dartlcularity. Such precision and e.\'piiutuess In the statement of alleged facts that the pIeader's aver- uieuts and contention may be readily understood by the pleuder on the other side, as well as by the court and jury. State v. Hayuaid, 3.: Me. 309' State v. Burke, 151 Mo. 143, J.'. S. W. 21:»: David v. David. 66 Ala. 1-18.

'lhls word is technically used in pleading in two ditterent senses, signifying either distiucthess, or particularity, as opposed to undue gcneraiiiv.

Certainty is said to be of three sorts: (1) tr.-ituinty to 11 common iiitcnt is El.ll.‘ll as is iihrrued by using words in their ordinary Iii-uuing, but is not exclusive of another iuuruing which might he made out by argu- ment or inference. (2) Cermt'vit1/ to 41 car- Iuin intent in general is that which allows of no misunderstanding II a fair and reasonable construction is put upon the language employed, without bringing in facts which are possible, but not apparent. (3) Ucrtalwiiy I) a. certain intent in pin-riczzlar is the highest degree of technical accuracy and precision. Go. Litt. 303; 2 I-l. Bi. 530- Spencer v. Southwick. 9 Johns. (N. Y.) 31 . State v. Parker. 34 Ark. 158, 36 Am. Rep. 5.

In contracts. The quality of being specific, accurate, and distinct

.\ thing is certain when its essence, quality. and quantity are described. distinctly set forth. nlr. Dig. 12. 1, (3 It is uncertain when the ‘l'|pllf.\u is not that of an individual object, but dnsirzuates only the kind. Civ. Code La. nrt 3.322, no. 8: 5 Coke, 121.

CERTIFIGANDO DE RECOGNITIONE STAPULE. In English law. A writ coinniniiding the mayor of the staple to certify to the lord chancellor a statute-staple taken lefore him where the party himseif detains It, and refuses to bring in the same. There

183

CERTIFICATE

is a like writ to certify a statute-merchant. and in divers other cases. Reg. Orig. 1-18. 151, 1:32.

CERTIFICATE. A Written assurance, or oiljcial representation, that some act has or has not been done, or some event occurred, or some legal formality been complied with. Particularly, such written assurance made or issuing from some court, and designed as a notice of things done therein, or as a warrant or‘ authority, to some other court, judge, or officer. People v. Foster, 27 Misc. Rep. 576. 58 N. Y. Supp. 574; U. S. v. Anihrose, 10: U. S. 336, 2 Sup. Ct. (582, 27 L. Ed 7 6; Ticonic Bank v. Stackpeie, kl Me. 303.

A document in use in the English custom- house. No goods can be exported by ccrtifi Cult‘. eX°9Dt foreign goods formerly imported. on which the whole or a par't of the customs paid on importation is to be drawn hack. Wharton.

-—Cex't_ifica.te for costs. In Englisli practice. A_ certificate or memorandum drawn up and signed by_ the judge before whom a case was tried, setting out certain facts the existence of which must be thus proied before the party is entirlerl, under the statutes. to recovel‘ costs. ——Certificate into clrancery. In English practice. This is :1 document containing the opinion of the common-law judges on a question of law submitted to them for their 1l(‘l‘i— sion by the ch-incery court.-—Certiiicnte of acknowledgment. The certificate of a notary public. justice of the peace, or other antborizcd officer, attached to a. deed. mortgage, or other instrument, setting forth that the parties thereto personally appeared before him on such n_ date and acknowledged the instrument to be their free and voluntary act and deed. fin-ad v. Loan Co. 63 Ohio, St. 280, G? '\l. E. 729, 62 L. R. A. 790, 96 Am. SL Rep. 6G3.—Certificate of deposit. In the practice of bank ers. This is a writing acknowledging that the person named has deposited in the bank a spec- ified sum of money, and that the same is held subject to be drawn out on his own cbecli or order, or that of some other person named in the instrument as payee. l\Iui-phv v. Par-ifir Rank. 130 Cal. 542, 62 Pac. 107:1); First _\at Bank v. Greenville Nat. Bank. 94 Tex. 40, 1!; S. W. 334; Neaii v. U. S.. 118 Fed. 700. 50 G. C. A. 31: Hotchkiss v. Mosher, 48 N. Y. 4S2.—Cert1ficate of holder of attached property. A certificate required by statute. in some states, to be given by a third person wbo is found in posscxion of property subject to an attachment in the sherl|I's hands, setting forth the amount and character of such property and the nature of the defendant's interest in it. Code C-ivii Proo N. Y. § 6:30.-—Cer-tiflcate of incorporation. The instrument by which a private corporation is formed, under general statutes, executed by several persons as incorporntors, and setting forth the name of the proposed corporation, the objects for which it is formed, and such other particulars as may be rsquired or authorized by law, and filed in some designated public office as evidence of the corporate existence. This is properly distin- guished from a “charter," which is a direct leg- islative grant of corporate existence and powers to named individuals; but practically the cartificate of incorporation or "articles of incorporation” Wll.l contain the some enumeration of corporate powers and desciiptinn, of objects rind purposes as u chor'ter.—Ceir-tiflgste of indebtedness. A form of ahligation sometimes issued by public or private corporations having practically the same force and effect as a bond. though not usually secured on any specific prop-

E-I