Page:Black's Law Dictionary (Second Edition).djvu/192

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certificate 184 cess

erty. Christie v. Duluth, 82 Minn. 202, 84 N. W. 754.—Certificate of purchase. A certificate issued by the proper public officer to the successful bidder at a judicial sale (such as a tax sale) setting forth the fact and details of his purchase, and which will entitle him to receive a deed upon confirmation of the sale by the court, or (as the case may be) if the land is not redeemed within the time limited for that purpose. Lightcap v. Bradley, 186 Ill. 510, 58 N. E. 221; Taylor v. Weston, 77 Cal. 584, 20 Pac. 62.—Certificate of registry. In maritime law. A certificate of the registration of a vessel according to the registry acts, for the purpose of giving her a national character. 3 Steph. Comm. 274; 3 Kent, Comm. 139–150.—Certificate of sale. The same as "certificate of purchase," supra, (q. v.)—Certificate of stock. A certificate of a corporation or joint-stock company that the person named is the owner of a designated number of shares of its stock; given when the subscription is fully paid and the "scrip-certificate" taken up. Gilbons v. Mahon, 186 U. S. 549, 10 Sup. Ct. 1057, 34 L. Ed. 525; Merritt v. Barge Co., 79 Fed. 235, 24 C. C. A. 530.—Certificate, trial by. This is a mode of trial now little in use; it is resorted to in cases where the fact in issue lies out of the cognizance of the court, and the judges, in order to determine the question, are obliged to rely upon the solemn averment or information of persons in such a station as affords them the clearest and most competent knowledge of the truth. Brown.

certification. In Scotch practice. This is the assurance given to a party of the course to be followed in case he does not appear or obey the order of the court.

certification of assise. In English practice. A writ anciently granted for the re-examining or retrial of a matter passed by assise before justices, now entirely superseded by the remedy afforded by means of a new trial.

certificats de coûtume. In French law. Certificates given by a foreign lawyer, establishing the law of the country to which he belongs upon one or more fixed points. These certificates can be produced before the French courts, and are received as evidence in suits upon questions of foreign law. Arg. Fr. Merc. Law, 548.

certified check. In the practice of bankers. This is a depositor’s cheek recognized and accepted by the proper officer of the bank as a valid appropriation of the amount specified to the payee named, and as drawn against funds of such depositor held by the bank. The usual method of certification is for the cashier or teller to write across the face of the check, over his signature, a statement that it is "good when properly indorsed" for the amount of money written in the body of the check.

certified copy. A copy of a document, signed and certified as a true copy by the officer to whose custody the original is intrusted. Doremus v. Smith, 4 N. J. Law, 143; People v. Foster, 27 Misc. Rep. 576, 58 N. Y. Supp. 574; Nelson v. Blakey, 54 Ind. 36.

certiorari. Lat. (To be informed of, to be made certain in regard to.) The name of a writ issued by a superior court directing an inferior court to send up to the former some pending proceeding, or all the record and proceedings in a cause before verdict, with its certificate to the correctness and completeness of the record, for review or trial; or it may serve to bring up the record of a case already terminated below, if the inferior court is one not of record, or in cases where the procedure is not according to the course of the common law. State v. Sullivan (C. C.) 50 Fed. 593; Dean v. State, 63 Ala. 154; Railroad Co. v. Trust Co. (C. C.) 78 Fed. 661; Fowler v. Lindsey, 3 Dall. 413, 1 L. Ed. 658; Basnet v. Jacksonville, 18 Fla. 526; Walpole v. Ink, 9 Ohio, 144; People v. Livingston County, 43 Barb. (N. Y.) 234.

Originally, and in English practice, a certiorari is an original writ, issuing out of the court of chancery or the king's bench, and directed in the king's name to the judges or officers of inferior courts, commanding them to certify or to return the records or proceedings in a cause depending before them, for the purpose of a judicial review of their action. Jacob.

In Massachusetts it is defined by statute as a writ issued by the supreme judicial court to any inferior tribunal, commanding it to certify and return to the supreme judicial court its records in a particular case, in order that any errors or irregularities which appear in the proceedings may be corrected. Pub. St. Mass. 1882, p. 1288.

certiorari, bill of. In English chancery practice. An original bill praying relief. It was filed for the purpose of removing a suit pending in some inferior court of equity into the court of chancery, on account of some alleged incompetency or inconvenience.

Certum est quod certum reddi potest. That is certain which can be rendered certain. 9 Coke, 47; Broom, Max. 623.

cerura. A mound, fence, or inclosure.

cervisarii. In Saxon law. Tenants who were bound to supply drink for their lord's table. Cowell.

cervisia. Ale, or beer. Sometimes spelled "cerevisia."

cervisiarius. In old records. An ale-house keeper. A beer or ale brewer. Blount.

cervus. Lat. A stag or deer.

cesionario. In Spanish law. An assignee. White, New Recop. b. 3, tit. 10, c. 1, § 3.

cess, v. In old English law. To cease, stop, determine, fail.