KFLCC Kingdom Law 2nd Ed.

184

CERTIFICATE

OESS

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 rec ord 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; Peo ple v. Livingston County, 43 Barb.

erty. Christie v. Duluth, 82 Minn. 202, 84 N. W. 754.—Certificate of purchase. A certif icate issued by the proper public officer to the successful bidder at a judicial sale (such as a tax sale) setting forth tie fact and details of his purchase, and which will entitle him to re ceive 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 I1L 510, 58 N. EL 221; Taylor v. Weston, 77 Cal. 534, 20 Pac. 62.—Certificate of registry. In mari time 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 game 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. Gib bons v. Mahon, 136 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 af fords them the clearest and most competent knowledge of. the truth. Brown. In Scotch practice. This is the assurance given to a party of the course to be followed in case he does not ap pear or obey the order of the court. 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. 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. 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 across the face of the check, over his signa ture, a statement that it is "good when prop erly indorsed" for the amount of money writ ten in the body of the check. A copy of a docu ment, 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. CERTIFICATION. CERTIFICATION OF ASSISE. CERTIFICATS DE COUTUME. CERTIFIED CHECK. CERTIFIED COPY.

CERVISIARTUS. In old records.

An

ale-house keeper.

A beer or ale brewer.

Blount.

GERVUS.

Lat A stag or deer.

CESIONARIO. An assignee. White, New Recop. b. 3, tit. 10,