Blacks Law Dict. 1st ed

CERTIFICANDO

CEPI CORPUS

186

Certa debet esse intentio, et narratio, et certum fundamentum, et certa res quse deducitur in judicium. The design and narration ought to be icertain, and the foundation certain, and the matter certain, which is brought into court to be tried. Co. Litt. 303a. CEBTA BES. In old English law. A certain thing. Fleta, lib. 2, c 60, §§ 24, 25. CEBTAIN SERVICES. In feudal and old English law. Such services as were stinted (limited or defined) in quantity, and could not be exceeded on any pretense; as to pay a stated annual rent, or to plow such a field for three days. 2 Bl. Comm. 61. CEBTAINTY. In pleading. Distinct ness; clearness of statement; particularity. Such precision and exphcitness in the state ment of alleged facts that the pleader's aver ments and contention may be readily under stood by the pleader on the other side, as well as by the court and jury. This word is technically used in pleading in two different senses, signifying either dis tinctness, or particularity, as opposed to un due generality. Certainty is said to be of three sorts: (1) Cei tainty to a common intent is such as is attained by using' words in their ordinary meaning, but is not exclusive of another meaning which might be made out by argu ment or inference. (2) Certainty to a cer tain intent in general is that which allows of no misunderstanding if a fair and reason able construction is put upon the language employed without bringing in facts which are possible, but not apparent. (3) Certainty to a certain intent in particular is the high est degree of technical accuracy and precis ion. Co. Litt. 303; 2 H. Bl. 530; 9 Johns. 317. In contracts. The quality of being spe cific, accurate, and distinct. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc Dig. 12, 1, 6. It is uncertain when the description is not that of an individual object, but designates only the kind. Civil Code La. art 8622, no. 8; 5 Coke, 121. CEBTIFICANDO DE BECOGNI TIONE STAPUL.E. In English law. A writ commanding the mayor of the staple to certify to the lord chancellor a statute-staple taken before him where the party himself de tains it, and refuses to bring in the same. There is a like writ to certify a statute-mer chant, and in divers other cases. Beg. Orig, 148, 151. 152.

CEPI COBPUS. I have taken the body. The return of a sheriff who has arrested a person upon a capias. CEPI COBPUS ET PABATUM HA BEO. I have taken the body and have it ready. A return made by the sheriff upon an attachment, capias, etc., when he has the person against whom the process was issued in custody. CEPIT. In civil practice. He took. This was the characteristic word employed in (Latin) writs of trespass for goods taken, and in declarations in trespass and replevin. Replevin in the cepit is a form of replevin which is brought for carrying away goods merely. Wells, Repl. § 53. In criminal practice. This was a tech nical word necessary in an indictment for larceny. The charge must be that the de fendant took the thing stolen with a felonious jign. Bac. Abr. "Indictment," G, 1. CEPIT ET ABDUXIT. He took and led away. The emphatic words in writs in trespass or indictments for larceny, where the thing taken was a living chattel, *. e., an an imal. CEPIT ET ASPOBTAVIT. He took and carried away. Applicable in a declara tion in trespass or an indictment for larceny where the defendant has carried away goods without right. 4 Bl. Cora in. 231. CEPIT IM" ALIO LOCO. In pleading. A plea in replevin, by which the defendant alleges that he took the thing replevied in another place than that mentioned in the dec laration. 1 Chit. PI. 490. CEPPAGIUM. In old English law. The stumps or roots of trees which remain in the ground after the trees are felled. Fleta, lib. 2, c. 41, § 24. CEBA, or CEBB. In old English lav. Wax; a seal. CEBAGBUM. In old English law. A payment to provide candles in the church. Blount. CEBEVTSIA. In old English law. Ale or beer. CEBT MONEY. In old English law. Head money or common fine. Money paid yearly by the residents of several manors to the lords thereof, for the certain keeping of the leet, (pro certo letce;) and sometimes to the hundred. Blount; 6 Coke, 78.

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