Blacks Law Dict. 1st ed

187

CERTIORARI

CERTIFICATE

CERTIFICATE. A written assurance, or official 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. A document in use in the English custom house. No goods can be exported by certifi cate, except foreign goods formerly imported, on which the whole or a part of the customs paid on importation is to be drawn back. Wharton. CERTIFICATE FOR COSTS. In En glish practice. A certificate or memorandum drawn up and signed by the judge belore whom a case was tried, setting out certain facts the existence of which must be thus proved before the party is entitled, under the statutes, to recover costs. CERTIFICATE INTO CHANCERY. In English practice. This is a document containing the opinion of the common-law judges on a question of law submitted to them for their decision by the chancery court. CERTIFICATE OF DEPOSIT. In the practice of bankers. This is a writing acknowledging that the person named has deposited in the bank a specified sum of money, and that the same is held subject to be drawn out on his own check or order, or that of some other person named in the in strument as payee. CERTIFICATE OF HOLDER OF ATTACHED PROPERTY. A certificate required by statute, in some states, to be given by a third person who is found in pos session of property subject to an attachment in the sheriff's hands, setting forth the amount and character of such property and the nature of the defendant's interest in it. Code Civil Proc. N. Y. § 650. CERTIFICATE OF REGISTRY. In maritime law. A certificate of the registra tion of a vessel according to the registry acts, for the purpose of giving her a national char acter. 3 Steph. Comm. 274; 3 Kent, Comm. 139-150. CERTIFICATE OF STOCK. A cer tificate of a corporation or joint-stock com pany 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.

CERTIFICATE, TRIAL BY. This is a mode of trial now little in use; it is resort ed to in cases where the fact in issue lies out of the cognizance of the court, and the judg es, 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 compe tent knowledge of the truth. Brown. CERTIFICATION. In Scotch practice. This is the assurance given to a paity of the course to be followed in case he does not ap pear 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 COTJTUME. 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 check rec ognized 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 certifica tion is for the cashier or teller to write his name across the face of the check. CERTIFIED COPY. A copy of a docu ment, signed and certified as a true copy by the officer to whose custody the original is intrusted. 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 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 in ferior court is one not of record, or in cases where the procedure is not according to the course of the common law. Originally, and in English practice, a certlorari is an original writ, issuing out of the court of chancery or the king's bench, and directed in the

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