Scrip

“ And that on each application for scrip, in pursuance of the provisions of this section, and prior to the delivery thereof, satisfactory evidence shall be furnished to the governor and council, that a sum, equal to thirty per cent. of the amount of scrip then applied for, has been actually paid to the treasurer of said corporation, until six hundred thousand dollars subscribed for have been paid by the stockholders. And no scrip shall be delivered till satisfactory evidence of such payment is, from time to time, furnished to the governor and council. ”

“ Or why provide that it should be shown that such claims were held by innocent parties in good faith, and that the locations made under such claims had been made in good faith by innocent holders? Strictly speaking, no person who had located this scrip, except the half-breeds themselves, could be said to be purchasers in good faith, since they were apprised by the treaty and the act of December 19, 1854, that the scrip could only be located within the ceded territory by the beneficiaries therein named, and that such scrip was incapable of alienation. ”

“ Whether, after the Land Office have issued the scrip to a claimant, another person alleging fraud or misrepresentation, and claiming himself to be the 'proprietor' intended by the act, might not obtain the interference of the courts, to obtain a transfer of the scrip to himself, is a question not presented in this case. ”

“ There shall be a separate certificate or scrip, for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such surrender, and a like certificate or scrip for such sum as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant after such subdivisions of the amount into quantities of eighty acres. ”

“ As to the Clerk who presides over the scriptorium.
To him it pertains to find suitable scribes for the roll of the chancery, and for the writs of the king which are made in the exchequer, also for writing summonses; and to see to it that they are well done: which offices, although they are expressed in a few words, can scarcely be fulfilled even with infinite pains; as those know who have learnt by experience in such matters. ”

“ An inscription upon the books of record of an instrument, without such authentication, is considered a mere unofficial entry of the register, constituting no record, and imparting no notice to purchasers or creditors. ”

“ Thus in the early middle ages we have deeds authenticated by the subscription, usually autograph, giving the name and titles of the person executing, and stating the part taken by him in the deed, and closing with the subscripsi, often in shape of the ruche and constituting the signum manuale. ”

“ The clerk certifies the transcript sent up to be 'a true, full, and perfect copy from the record of all the proceedings in the suit.' Certainly this is sufficient for all the purposes of jurisdiction. If, in point of fact, the certificate is not true, the remedy is by certiorari to supply deficiencies, and not by motion to dismiss. ”

“ The superscription always runs in the form, N. rex Francorum. The most complete kinds of diplomas were authenticated by the king’s subscription, that of the referendarius (the official charged with the custody of the royal seal) , the impression of the seal, and exceptionally by subscriptions of prelates and great personages. The royal subscription was usually autograph; but, if the sovereign were too young or too illiterate to write, a monogram was traced by the scribe. ”

“ Stat. 558, 624, 678, authorizing the appointment of deputies of the clerks of the courts of the United States, a transcript of the record is sufficiently authenticated for the purposes of an appeal or a writ of error to this court, if it is signed by the deputy in the name of and for the clerk of the court from which the appeal comes, or to which the writ of error is directed, and sealed with the seal of that court. ”

“ Nothing is omitted from the transcript which is a part of the record in the court below. On the contrary, the only complaint is that the clerk has not appended to the transcript his certificate that it contains the full record. Such a defect, in a case of contumacy, might be remedied by a mandamus, but no application of that sort is made nor is it suggested that there are any grounds for such an application. ”

“ On examination of the transcript, we find it is the same case as the preceding (23 How. 273) , in which the opinion has been delivered, reversing the decree of the district court. By some mistake two transcripts of the record were taken out in the court below, and each has been docketed in this court. ”

“ We grant him all the fees which come from the absolution of those who have been proscribed, provided their cases were tried before him. We do this that he may be free to judge as he wishes, and may not find it necessary to receive gifts from anyone. He shall not remit the fine of anyone, in order that men may fear proscription.
(29) He shall have a special notary who shall keep the names of those who are proscribed, and of those who brought suit against them, an account of the case itself, and the day on which the proscription took place ”

“ The motion must be denied. Proof that the papers alleged to be wanting were used in the court below, and have been lost, must be made by affidavit. The certificate of the clerk who made the transcript cannot be received as proper evidence of these facts. ”

“ In this case we have not been furnished either with a copy of the certificate on which the motion depends or with an agreed statement of what it contains. In fact, there is nothing on which we can act unless we go to the transcript. ”

“ Objection is made by the counsel for the trustee to the exercise of jurisdiction by this court, on the ground that the supposed writ and citation thereon and the docketing of the transcript are insufficient in law under any statute, or rule, or practice of the court, to bring within the appellate jurisdiction of this court, for its consideration or correction, any of the matters and things charged in the transcript. ”

“ The summons and petition may be served at any place in the United States. The Secretary, promptly upon service of the summons and petition, shall certify and file in the court the transcript of the proceedings and the record on which the Secretary based his order.' 52 Stat. ”

“ Louis Court of Appeals, shall, upon the filing of a transcript thereof in the office of the clerk of any circuit court, be a lien on the real estate of the person against whom such judgment or decree is rendered, situate in the county in which such transcript is filed.
'Sec. 1555. Lien in Courts of Record, Generally.-Judgments and decrees rendered by any court of record shall be a lien on the real astate of the person against whom they are rendered, situate in the county for which the court is held. ”

“ Dr Johnson said, the inscription should have been in Latin, as every thing intended to be universal and permanent, should be. ”

“ An instrument of writing (escritura) is every deed that is made by the hand of a public escribano, or notary of a corporation, or council (concejo) , or sealed with the seal of the king, or other authorized 'person.' L. 1, tit. 18, p. 3. 'Hence arise the two kinds which produce full faith and full proof;-one public, made by the escribano or notary, with the solemnities prescribed by laws' ”

“ INSCRIPTION, n. Something written on another thing. Inscriptions are of many kinds, but mostly memorial, intended to commemorate the fame of some illustrious person and hand down to distant ages the record of his services and virtues. To this class of inscriptions belongs the name of John Smith, penciled on the Washington monument. ”

“ But as it would be difficult to have these present letters sent to all places where desirable, we wish and with similar accord and knowledge do decree that to copies of them, signed by the hand of a public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents should they be exhibited or shown. ”

“ But why of all troubles the trouble of a Registry should be only grievous, I can't tell, unless because it puts an End to Strife: Is it such a mighty trouble for an Attorneys Clerk, when he is to enter up a Judgment, to step into the Registry and leave an Entry made of it? and is it such a great trouble for a Man when he has sealed a Deed to go to the Register to acknowledge it? ”

“ A roll containing the names of all persons thus registered, sworn to and certified by the officers of registration, shall be filed, for record and preservation, in the clerk's office of the circuit court of the county, or the clerk's office of the corporation court of the city, as the case may be. Persons thus enrolled shall not be required to register again, unless they shall have ceased to be residents of the State, or become disqualified by section Twenty-three. ”

“ The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. ”

“ Instinctively we both looked for the inscriptions we cut, once upon a time, on trees and on stones, in foolish delight. We sought them like scattered treasure, on the strange cheeks of the old willows, near the tendrils of the fall, on the birches that stand like candles in front of the violet thicket, and on the old fir which so often sheltered us with its dark wings. Many inscriptions have disappeared. Some are worn away because things do; some are covered by a host of other inscriptions or they are distorted and ugly. Nearly all have passed on as if they had been passers-by. ”

“ Go to Paris,—not to-morrow, but instantly. Find Monsieur des Grassins, learn the names of my uncle's creditors, call them together, pay them in full all that was owing, with interest at five per cent from the day the debt was incurred to the present time. Be careful to obtain a full and legal receipt, in proper form, before a notary. You are a magistrate, and I can trust this matter in your hands. You are a man of honor; I will put faith in your word, and meet the dangers of life under shelter of your name. ”

“ But in the case at bar the certificate not only begins with setting out the name and office of the clerk as the maker of the certificate, but has appended to it the seal of the court, and lacks only the clerk's signature to make it conform to the best precedents. ”

“ Beyond all doubt, the certificate of the clerk and the seal of the court is a sufficient authentication of the record of a judgment rendered in a State court, when offered in evidence in the Circuit Court sitting within the same State where the judgment was rendered. ”

“ When they were under the necessity of adhibiting their signatures to deed or charter, the pen had to be guided by the hand of the notary. In these circumstances it is not difficult to imagine how densely ignorant the great body of the people must have been. ”

“ Attorney-General. "Read the document, and tell me, on your oath, whether it is your signature."
Smith. "I have some doubt whether it is mine."
Attorney-General. "Read the document, sir. Was it prepared in your office?"
Smith. "It was not."
Attorney-General. "I will have an answer from you on your oath one way or another. Isn't that your handwriting?"
Smith. "I believe that it is not my handwriting. I think that it is a very clever imitation of it."
Attorney-General. "Will you swear that it is not?"
Smith. "I will. I think that it is a very good imitation of my handwriting." ”

“ That every rector, vicar, curate, and every registrar, registering officer, and secretary, who shall have the keeping, for the time being, of any register book of births, deaths, or marriages, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy, certified under his hand, of any entry or entries in the same, on payment of the fee hereinafter mentioned; that is to say, for every search extending over a period not more than one year, the sum of 1s., and 6d. ”

“ And further we command the man who shall show them this our patent, to cite them to appear before us in our court, wheresoever we may be, within fifteen days from the day of citation, under the said penalty, under which we command every public scrivener who may be summoned for this purpose, to give to the person who shall show it to him a certificate thereof signed with his signature, whereby we may know in what manner our command is executed. ”

“ Hast thou not signed a decree, that every man that shall ask a petition of any god or man within thirty days, except of thee, O king, shall be cast into the den of lions? The king answered and said, The thing is true, according to the law of the Medes and Persians, which altereth not. 13 Then they answered and said before the king, That Daniel, who is of the children of the captivity of Judah, regardeth not thee, O king, nor the decree that thou hast signed, but maketh his petition three times a day. ”