Certain

Known, established, definite: as, a certain date, a certain instrument. See Certum; Custom; Debt. Since " uncertain " may include any doubt, whether reasonable or unreasonable, a jury should not be told that if they feel uncertain that a witness is to be believed, they should acquit."

Certainty. 1.

Assurance; confident belief: freedom from doubt or failure; also, that which is established beyond question. Compare Contingency; Then: When. The certainty of the law is of the highest consequence. See Hardship. - Moral eertaintu. A state of impression produced by facts in which a reasonable mind feels a sort of coercion or necessity to act in accordance -with it.^ The phrase, borrowed from the publicists and metaphysicians, signifies only a very high degree of probability.. Proof bsyond a reasonable doubt is proof to a moral certainty, as distinguished from an absolute certainty. As applied to a judicial trial for crime, the two phrases are synonymous and equivalent; each has been used by eminent judges to explain the other.* See further Doubt, Reasonable.

3.

Distinctness, accuracy, clearness of statement; opposed to uncertainty and ambiguity, q. V. Generally refers to written language. In pleading, statement of alleged facts so clear and explicit as to be readily understood by the opposite party who is to make answer, by the jury which is to find the truth, and by the court which is to pronounce judgment. ^ Consists in alleging the facts necessary to be stated, so distinctly as to exclude ambigu- » Be Pacific Railway Commission, 38 F. E. 250 (1S87), Field, J.; R. S. § 2171. « State V. Ah Lee, 7 Oreg. 258 (1879). s Montana v. Mc Andrews, 3 Monta. 165 (1878), Wade, C. J.: Bur. Giro. Bv. 199. * Commonwealth v. Costley, 118 Mass. 23 (1875), Gray, C. J. See also United States v. Guiteau, 10 F. K. 164 ity and make the meaning of the averments clearly intelligible.' ■ Three degrees of certainty were formerly recognized: Certainty to a common intent— words used in their ordinary sense, buf susceptible of a different meaning. This degree was required in defenses and in instruments of an ordinary nature. Certainty to a certain intent in general — the meaning ascertainable upon a fair and reasonable construction, without recurrence to possible facts which do not appear. This degree was required in indictments and declarations. Certainty to a certain intent in particular — such technical accuracy of statement as precluded all question, inference, or presumption. This was required in estoppels and as to disfavored A negotiable instrument must have certainty as to payor, payee, amount, time, fact of payment, and, perhaps, place of payment.* A postal card containing the words " Send us pice of counter screen " was held to present a case of incurable uncertainty; and the judge properly refused to submit to the jxny to determine whether " pice " meant " piece " or " price." *