英文字典中文字典Word104.com

Bouvier's Law Dictionary, Revised 6th Edition (1856)

CERTIFICATE, practice. A writing made in any court, and properly
authenticated, to give notice to another court of anything done therein; or
it is a writing by which an officer or other person bears testimony that a
fact has or has not taken place.
2. 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 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; Greenl. Ev. Sec. 498.


CERTIFICATE, ATTORNEY'S, Practice, English law. By statute 37 Geo. III., c.
90, s. 26, 28, attorneys are required to deliver to the commissioners of
stamp duties, a paper or note in writing, containing the name and usual
place of residence of such person, and thereupon, on paying certain duties,
such person is entitled to a certificate attesting the payment of such
duties, which must be renewed yearly. And by the 30th section, an attorney
is liable to the penalty of fifty pounds for practising without.


CERTIFICATE, JUDGE'S, English practice. The judge who tries the cause is
authorized by several statutes in certain cases to certify, so as to decide
when the party or parties shall or shall not be entitled to costs. It is of
great importance in many cases, that these certificates should be obtained
at the time of trial. See 3 Camp. R. 316; 5 B. & A. 796; Tidd's Pr. 879; 3
Ch. Pr. 458, 486.
2. The Lord Chancellor often requires the opinion of the judges upon a
question of law; to obtain this, a case is trained, containing the
admissions on both sides, and upon these the legal question is stated; the
case is then submitted to the judges, who, after hearing counsel, transmit
to the chancellor their opinion. This opinion, signed by the judges of the
court, is called their certificate. See 3 Bl. Com. 453.