Blacks Law Dict. 1st ed

CESSER, PROVISO FOR

188

CERTIORARI

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 bef orm 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 cer tify 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 OP. In English chancery practice. An original bill praying relief. It was filed for the purpose of re moving a suit pending in some inferior court of equity into the court of chancery, on ac count of some alleged incompetency or in convenience. Certum est quod certo reddi potest. That is certain which can be reduced to a certainty. 3 Rep. Ch. 142. Certum est quod certum reddi potest. That is certain which can be rendered cer tain. 9 Coke, 47; Broom, Max. 623. CERURA. A mound, fence, or inclos ure. CERVISARII. In Saxon law. Tenants who were bound to supply drink for their lord's table. Cowell. CEBVISZA. 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, u. In old English law. To cease, stop, determine, fail. CESS, n. An assessment or tax. In Ire land, it was anciently applied to an exaction of victuals, at a certain rate, for soldiers in garrison. Cessa regnare, si non vis judicare. Cease to reign, if you wish not to adjudicate. Hob. 155. Cessante causa, cessat effectus. The cause ceasing, the effect ceases. Broom, MBX. 160.

Cessante ratione legis, cessat et ipsa lex. The reason of the law ceasing, the law itself ceases also. Co. Litt. 706; 2 Bl. Comm. 390, 391; Broom, Max. 159. Cessante statu primitivo, cessat deriv ativus. When the primitive or original es tate determines, the derivative estate deter mines also. 8 Coke, 34; Broom, Max. 495. CESSARE. L. Lat. To cease, stop, or stay. CESSAVIT PER BIENNIUM. In practice. An obsolete writ, which could forrneily have been sued out when the de fendant had for two years ceased or neglect ed to perform such service or to pay such rent as he was bound to do by his tenure, and had not upon his lands sufficient goods or chattels to be distrained. Fitzh. Nat. Brev. 208. It also lay where a religious house held lands on condition of performing cer tain spiritual services which it failed to do. 3 Bl. Comm. 232. CESSE. (1) An assessment or tax; (2) a tenant of land was said to cesse when he neg lected or ceased to perform the services due to the lord. Co. Litt. 373a, 3805. CESSER. Neglect; a ceasing from, or omission to do, a thing. 3 Bl. Comm. 232. The determination of an estate. 1 Coke* 84; 4 Kent, Comm. 33, 90, 105, 295. The "cesser" of a term, annuity, or the like, takes place when it determines or cornea to an end. The expression is chiefly used (in England) with reference to long terms of a thousand years or some similar period, created by a settlement for the purpose of securing the income, portions, etc., given to the objects of the settlement. When the trusts of a term of this kind are satisfied, it is desirable that the term should be put an end to, and with this object it was formerly usual to provide in the settlement itself that* as soon as the trusts of the term had been satisfied, it should cease and determine. This was called a "proviso for cesser." Sweet. CESSER, PROVISO FOR. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. This proviso generally expresses three events: (1) The trusts never arising; (2) their becoming un necessary or incapable of taking effect; C3V the performance of them. Sugd. Vend. (14th Ed.) 621-623.

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