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

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CERTIFICATE

erty. Christie v. Duluth, 82 Minn. 202. 84 bl. W. 754.—Cex-Hficnte of purchase. A (.erLif- irate issiieil by the proper public oihcer to the successful bidder at a judiriu] sale (such as a tax sale) setting ioith the fact and dchiis of his purchase and which will entitle him Io rcccive a deed upon confirmation of the sale by the court, or [us the case may be) if the land is not redeemed Within the time limited for that puiposc. I.i-ziitcnp v. Bradley, 186 Ill. 510, 58 N. E. ‘721: Taylor v. Weston. 71' Chi. 534, 20 Pain. G..—Ce1-tificnte of registry. In maritime low. A certificate of the registration of a vessel according to the registry acts, for the iurpuse of giving her a national character. 3 hteph. Comm. 214: 3 Kent. Comm. 139—‘l50.— Certificate of sale. The same as “certificnte of [.v1lrc|.l:1se." supra, q. v.)—CerI:ifica,te of stock. A certificate o a corporation or joint- stocli company that the person named is the owner of a designated nnnibcr o_f shares of its stuck; given when the subscription is fully pui-l and tho “scrip-certificate” taken up. Gil»- bons v. l\I:\hon, 136 U. S. 549. 10 Sup. Ct 1057, 34 L. Ed. '2" Merritt v. Barge Co., 79 Fed. 2-35, 2-! C. C. A. " 0.—Cer-tiiiente, trial by. This is a mode of trial new 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 at‘- fords 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 pr:ic1_ice. A writ ancicntly granted for the re-examining or retrial of a matter passed by assise before justices, no-iv entirely superseded by the remedy attordcd by means of a new trial.

CERTIFICATS DE C0fi'I“U1VIE. In French law. Ceitificates given by a foreign lawyer, establishing the law of the country to which he -heiongs upon one or more fixed points. These certificates can he produced

‘before the French courts, and are received us evidence in suits upon questions of foreign law. Arg. Fr. Mere. Law. 648.

CERTIFIED CHECK. In the practice of bunkers. This is a depositors check recognized iind accepted by the proper officer of the bank as a valid appropriation of the amount specified to the payee named, and as drawn ugaiust funds of such depositor held by the bunk. The usuai method of certification is for the cashier or teller to write across the race of the check. over his signature. :1 statement that it is “good when prop- erly indorscd" for the amount of money written in the body of the check.

CERTIFIED COPY. A copy of a docu- ment. signed and rciiified as a true copy hy the offiu-r to whose custody the origin-.1i is intrnsted. Dorcnins v. Smith. 4 N. J. Law, 14 ; People v. Foster. 27 Misc. Itcp. 576. 58 N. Y. Supp. 574; Nelson v. Blakey, 54 Ind. 36.

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CERTIORARI. Lat. (To be informed of, to be made certain in regard to.) The name of a writ issued by a superior court di- recting an inferior court to send up te the former some pending proceeding, or all the record and proceedings in a cause before verdict, with its certificate to the correclmm and completeness of the record, for rerlew or trial; or it may serve to bring up the rec ord of a case already terminated below. it the inferior court is one not of record, or in cases where the procedure is not according to the course of the common law. Strife v. Sullivan (0. G.) 50 Fed. 593; Dunn v. Suite, 63 Ala. 154; Rahroud Co. v. Trust Co. ((1 C.) 78 Fed. 661: Fowler v. Lindsey, 3 Dull. 413, 1 L. Ed. 658: Basnet v. Jacksonville, 18 Fla. 526; Walpole v. Ink, 9 Ohio, 1-14; Peo- ple v. Livingston County, 43 Barb. (N. Y.) 234.

Originally, and in English practice, a cartin- rari is an original writ, issuing out of the "‘lul'I of chancery or the king's bench, and dirertnl in the kings name to the judges or officers of in- ferior courts, commanding them to certiiy or to return thc records or proceedings in s can: d_ep_ending_ before them, fo_r the pur)i>)ose of a ju- dicial review of their action. Jaco .

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

CERTIORARI, BILL 0!‘. In English chancery practice. An original bili 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 icnonvenience.

Certnm eat quod oer-tum 1-eddi potent. 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 i0rd’s tnble. Cowell.

CERVISIA. Ale, or beer. spelied "¢=erevisiu."

Sometimes

CERVISIARIUS. In Old records. A11 ale-house keeper. A beer or ale hrewn. Blount.

CERVUS. Lat. Astag or deer.

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

CESS, 1;. In old English law. To cease.

stop, determine, fail.