Certificate

5 A writing giving assurance that a thing has or has not been done, that an act has or has not been performed, that a fact exists or does not exist. To " certify " is to testify to in writing: to make known or establish as a fact. The word is not essential to a "certificate: " it is enough that the law calls a statement a certificate.6 See Check, Certified. Certificates are such as are authorizetj or required by law, and such as are purely voluntary. " Authorized or required by law "are: a certificate of a balance due, of costs, of a divorce, that a married.woman has been decreed a feme sole trader, that a bailkrupt has been discharged, that an alien has been naturalized, that a physician is qualified to practice medicine; a certificate of copyright, or of a trademark registered; a certificate that a document is authentic, or genuine; an officer's return of service of proc^^ "Voluntary" certificates include: ceitlfleates of benefits receivable, of check, of deposit, of interest, of loan, of no defense, of search, of stock, of scrip, of transfer, a receiver's certificate, qq. v. Voluntary certificates are not conclusive evidence of the facts they state, except where, otherwise, an innocent party would be the loser. Certificates required by law of ofloers are conclusive of the facts 1 [Gould, Pleading, IV, sec. 24. ' See Coke, Litt. 303 a; Gould, Plead, m, sec. 52; Steph. Plead. 380; 3 Cranch, 0. C. 56; 5 Conn. 423; 9 Johns. 314. "See 1 Parsons, Notes & Bills, 30, 37; 34 Am. Law Reg. 719-24 (1885), oases; 69 Iowa, 649. < Cheney Bigelow Wire Works v. Sorrell, 142 Mass 442 (1886). mentioned, but fraudulent procurement may be shown. Certificates authorized by statute are evidence of such facts only as the offlcei' may certify under the statute. ' 3. A writing made by a court, a judge or an officer tliereof, and properly autlienticated, to give notice to another court of a thing done in the court a quo. See Opinion, 3, Division of.