Constat

Constat

English Law: Constat in the Past

English law. There is further information on this topic in this legal reference. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the ask of any person who intends to plead or move in the court for the discharge of anything; and the effect of it is, the certifying what constat (appears) upon record touching the matter in question.

Developments

A constat is held to be superior to an ordinary certificate, because it contains nothing but what is on record. An exemplification under the great seal, of the enrolment of any letters-patent, is called a constat. Co. Litt. 225. Vide Exemplification; Inspeximus.

Details

Whenever an officer gives a certificate that such a thing appears of record, it is called a constat; because the officer does not say that the fact is so, but it appears to be as he certifies. A certificate that it appears to the officer that a judgment has been entered, etc., is insufficient. 1 Hayw. 410. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

  1. Partialy, this information about constat is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including constat.

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