Page:The New International Encyclopædia 1st ed. v. 04.djvu/517

CERQUOZZI. 439 CERTIORARI. priiH'ip;il museums of Europe, but bis best work IS in Home, The Four Seasons" ( Palazzo Sal- viati ) . CERRITO, clier-re'tii, Francesca, called Fanny (1821 — ). A Frenc-li liallet-ilancer, born in Naples. She made lier dt'but in Paris in a ballet, La Jille de marbn', written by her hus- band, M. Saint-Li'on (1847). She also appeared in La riraiidiire, Le violon du diablc, and in dtmma. the scenery of which she desijjned with Tln'ophile Gautier. So fjroat were lier talents and charm that the Italians have called her 'the fiiurtli irrace.' She retired from the stage in 1S54. CERRO DE PASCO, ser'rd dft pasTc^ The capital of the Peruvian De|>artnicnt of Junin, situated in a sterile rei;ion 14.000 feet above sealevel. at the northern end of Lake Chinchay- eoeha (Map: Peru. B 6). The temperature averages 40° the year romid. The town is poorly built over the silver-mines which make it famous. They are. however, not so ])ro(luctive as formerly. Population, aliout 14.000. CERRO GORDO ( Sp., Big Mountain). A niouiitaiu )iass near .Talapa. on tlie National Road between Vera t'rnz and tlie City of ilexico. Here, on April 18, 1847. during the war between the United States and .Mexico, General .Scott, with a force of 8.500. dislodged and defeated Gen- eral Santa Anna, with a force of about 12.000. While Scott was advancing from Vera Cruz, the Mexicans had strongly intrenched themselves in a position which seemed impregnable, their right resting on a precipice rising aliove an almost impassable ravine, and their left occupying the heights of Atalaya and Cerro Gordo. Scott, ar- riving before the fortifications on .pril 14. spent two days in reconnoitring, and on the 17th sent General Twiggs by a precarious pathway to take the high ground on Santa Anna's left, and then, if possible, cut off his retreat by occupying the Jalapa road in liis rear. Twiggs succeeded in taking .talaya on the 17th. and on the follow- ing day the Americans attacked with great vigor in front and tiank. taking the height of Cerro Gordo, capturing the Mexican camp, securing 3000 prisoners, and forcing the rest of the Mex- ican army in great confusion from the field. The .mericans lost C3 killed and 308 woimded (General Shields being among the latter) ; the Mexicans, probably as many as 1000. though the exact figures have never been ascertained. The victorv- enabled Scott to advance tf>ward the City of Mexico, and did much toward demoralizing the Jlexican troops. Consult: Bancroft. Ilislon/ of Jfcxico, Vol. V. (San Francisco, 1885) : Wright, General Scott (New York, 1894) ; and C. M. Wilcox, History of the Mexican War (Washington, 1892). CERTALDO, cher-tiil'dA. A town in central Italy, .i.") miles southwest of Florence (Map: Italy. F 4). Here Boccaccio lived and died. His hou^e. restored in 1823 by Countess Carlotta Lenzoni-^Iediei, and the original site of his tomb are objects of general interest. Population, in 1881 ii-..Mimune). 8000; in 1901, 9129. CERTHIAD.a:. See Cbeeper. CERTIFICATE (Fr. certificnt, from :Med. Lat. rrrtific'ittis, p.p. of certif'rnre, to certify, from Lat. cert us. sure + fncere, to make). . written testimony to the truth of a certain fact or fact.s. It n.iy be required or authorized by law, when it has an oflicial character and is receivable as evidence of the facts therein stated ; or it may be voluntaiy, when it has no greater value as evidence than any other private writing. Examples of legally authorized certificates are certificates of an insolvent's or a bankrupt's dis- charge; certificate of the appointment and quali- fication of a person as the administrator of a decedent's estate, or as a notary public, or other ollicor; certificate that a ship lias been regis- tered; certifii'ate by a notary public or similar olficer that the execution of a document has been duly acknowledged before him. For the legal effect of such certificates as evidence, cotisult the authorities referred to under Evidence. CERTIFICATE OF MERIT, United States Ahmv. a certificate nf merit, awarded on the recoUHUendalion of liis connnanding officer to an enlisted man who has distinguished himself in the service. According to Article XXV. United States .Vruiy Regulations, recommendations for a certificate of merit must originate with an eye-witness, preferably the immediate command- ing oflicer. Each case must be sulimitted sepa- rately, forwarded through the regular channels, and must be favorably indorsed by each com- mander. Extra pay at the rate of $2 per month from the date of distinguished service is allowed to each enlisted man to whom a certificate of merit is granted. CERTIORARI, ser'shI-6-ra'ri (Lat., to be certified, from ccrtior, comparative of certus, sure). A common-law writ issued by a su'^)erior court to an inferior one, or to a body acting in a quasi-judicial capacity, such as commissioners, magistrates, assessors of ta.xes, etc. The writ issues only when there is no other adequate rem- edy, and it is used in both criminal and civil cases. It requires the record of a proceeding in the inferior court or before the quasi-judicial body to be certified by that court or body and returned to the court issuing the writ for the ])irpose either of reviewing the same or of re- moving the action or proceeding to the higher court for trial. When certiorari is used as a means of review, questions of law. rather than those of fact, are involved, determining whether the inferior court had jurisdiction or proceeded in accordance with law. For example, if a board of assessors of taxes should decide that the prop- erty of a bank invested in United States bonds cotdd be t;ixed tmder the authority of the State, they would decide a question of law which might, by means of a writ of certiorari, be re- opened before superior tribunals, and ultimately before the Supreme Court of the United States. It would not. however, raise any question of fact or confer upon the superior court any ministerial power vested in the board of assessors of ta.xes. The writ is granted or refused at the discretion of the superior court, and the usual result is that the proceedings I)elow are either allirined or set aside. In courts of equity a similar use is made of certiorari, which may be granted on application by original bill under the 'Evarts .ct' of March 3. 1891. Certain decisions of the Circuit Court of Appeals may be reviewed by tha United States Supreme Court by certiorari. In England, certiorari issues in civil cases out of the chancery division of the High Court of .Tustice. and in criminal eases from the King's Bench division of the same court. It is now