certificate

The certificate, when finally granted, and the time fixed for rehearing it has passed, is not subject to revocation in whole or in part except as specifically authorized by Congress.

In practice. A writing made in any court, and properly authenticated, to give notice to another court of any thing done therein. A written statement, by a person having an official or public status, concerning some matter within his knowledge or authority. 3 Pet. (U. S.) 29; 6 Serg. & R. (Pa.) 324.

A writing made in any court, and properly authenticated, to give notice to another court of anything done therein. A writing by which testimony is given that a fact has or has not taken place. Certificates are either required by law, as an insolvent's certificate of discharge, an alien's certificate of naturalization, which are evidence of the facts therein mentioned; or voluntary, which are given of the mere motion of the party giving them, and are in no case evidence. Com. Dig. Chancery (T. 5); 1 Greenl. Ev. § 498; 2 Willes 549. There were anciently various modes of trial commenced by a certificate of various parties, which took the place of a writ in a common-law action. See Com. Dig. Certificate. Where a certificate is authorized by statute, the effect cannot be extended by including facts other than those authorized; 1 Maule & S. 599; U. S. v. Buford, 3 Pet. (U. S.) 12, 29, 7 L. Ed. 585; Arnold v. Tourtellot, 13 Pick. (Mass.) 172; Stewart v. Allison, 6 S. & R. (Pa.) 324, 9 Am. Dec. 433; Governor v. Bell, 7 N. C. 331; Exchange & Banking Co. of New Orleans v. Boyce, 3 Rob. (La.) 307. An officer who has made a defective certificate of a married woman's acknowledgment cannot correct the defect after the expiration of his term; Griffith v. Ventress, 91 Ala. 366, 8 South. 312, 11 L. R. A. 193, 24 Am. St. Rep. 918; nor can he contradict his own certificate by testifying to fraud and coercion on the part of the husband toward the wife; Hockman v. McClanahan, 87 Va. 33, 12 S. E. 230. A certificate of acknowledgment is a judicial act, and in the absence of fraud conclusive of material facts stated in it; Cover v. Manaway, 115 Pa. 338, 8 Atl. 393, 2 Am. St. Rep. 552; Citizen's Saving & Loan Ass'n v. Heiser, 150 Pa. 514, 24 Atl. 733; but only of facts required by statute to be included in it, and therefore not that the wife of the grantor was of full age; Williams v. Baker, 71 Pa. 476. See Return; Notary; Acknowledgment; Stock.

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. People v. Foster, 27 Misc. Rep. 576, 58 N. Y. Supp. 574; U. S. v. Ambrose, 108 U. S. 336, 2 Sup. Ct. 682, 27 L. Ed. 746; Ti-conic Bank v. Stackpole, 41 Me. 305. A document in use in the English customhouse. No goods can be exported by certificate, 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 English practice. A certificate or memorandum drawn up and signed by the judge before 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 acknowledgment. The certificate of a notary public, justice of the peace, or other authorized officer, attached to a deed, mortgage, or other instrument, setting forth that the parties thereto personally appeared before him on such a date and acknowledged the instrument to be their free and voluntary act and deed. Read v. Loan Co., 68 Ohio, St. 280, 67 N. E. 729, 62 L. R. A. 790, 96 Am. St. Rep. 663.

— Certificate of deposit. In the practice of bank ere. This is a writing acknowledging that the person named has deposited in the bank a specified sum of money, and that the same la held subject to be drawn out on his own check or order, or that of some other person named in the instrument as payee. Murphy v. Pacific Bank, 130 Cal. 542, 62 Pac. 1059; First Nat Bank v. Greenville Nat. Bank, 84 Tex. 40, 19 S. W. 334; Neall v. U. S., 118 Fed. 706, 56 C. O. A. 31; Hotchkiss v. Mosher, 48 N. Y. 482.

— 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 possession 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. Co.de Civil Proc. N. Y. § 650.

— Certificate of incorporation. The instrument by which a private corporation is formed, under general statutes, executed by several persons as incorporators, and setting forth the name of the proposed corporation, the objects for which it is formed, and such other particulars as may be required or authorized by law, and filed in some designated public office as evidence of the corporate existence. This is properly distinguished from a "charter," which is a direct legislative grant of corporate existence and powers to named individuals; but practically the certificate of incorporation or "articles of incorporation" will contain the same enumeration of corporate powers and description of obj'ects and purposes as a charter.

— Certificate of indebtedness. A form of obligation sometimes issued by public or private corporations having practically the same force and effect as a band, though not usually secured on any specific property. Christie v. Duluth, 82 Minn. 202, 84 N. W. 754.

— Certificate of purchase. A certificate issued by the proper public officer to the successful bidder at a judicial sale (such as a tax sale) setting forth the fact and details of his purchase, and which will entitle him to receive a deed upon confirmation of the sale by the court, or (as the case may bs) if the land is not redeemed within the time limited for that purpose. Lightcap v. Bradley, 186 111 510, 58 N. E. 221; Taylor v. Weston, 77 Cal. 534, 20 Pac. 62.

— Certificate of registry. In maritime 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 same as "certificate of purchase," supra, (g. 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. Gibbons v. Mahon, 136 U. S. 549, 10 Sun. 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 trini 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 affords them the dearest and most competent knowledge of the truth. Brown.

A writing giving assurance as to some fact or act; a writing made by a court, by a judge, or other officer of court, certifying or giving notice of certain facts generally for the use of another court, judge or ofl Scer.

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, oras a warrant or authority, to some other court, judge, or officer, A document in usein the English customhouse. No goods can be exported by ceriifieate, except foreign goods formerly imported, on which the whole or a part of the customs paid on importation is to be drawn back. Wharton,

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.

trial by. When an action was determined by the written evidence of some person best informed, which is final. Certificate into chancery: the opinion of a common-law court on a matter arising in a chancery suit.

[L. Lat. certificatorium, from certificare, q. v.] In practice. A writing made in any court, to give notice to another court of any thing done therein. Cowell. Blount. Termes de la ley. A writing signed by the judges of a court, or a single judge, or by an officer of the court, certifying to, or giving formal and official notice of certain facts; generally, for the use of another court, judge or officer.

practice, is a writing made in any court, and properly authenticated, to give notice to another court of any thing done therein; or itis a writing by which an ofhcer or other person bears testimony thdta fact has or has not taken place. There are two kinds of certificates, those required by the law, and those which are merely voluntary: of the ‘first kind are certificates given to an insolvent of his discharge, and ‘those given to aliens that they have been naturalized. Voluntary certificates are those which are not required by law, but which are given of the mere motion of the party. The former are evidence of the facts therein mentioned, while the latter, which are not unfrequently extorted from weakness or ignorance, are not entitled to any credit, because the facts certified may be proved in the usual way under the solemnity of an oath or affirmation. 2 Com. Dig. 306; Ayl. Parerg. 157.