The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16

this statute Of Michigan Paul Gsnon, aduinstrsser
Tor Of Pierre Grigsn, dsoeased, applied for and OBJ
tanned an order or sale Of the real estate Of tho do
ceased An action was afterwards brought by the
heirs at Law Of the deceased az snst the
under that sale, and the validity Of tho tis of the
purchasers was called in question, because the court
had ordered the sale without the certificate Of
the judge, and without tho duo notice given which
the law required to be given previous to their ac-
tien. The question came up in his shape to Wash
irgton, and Judge Baldwin delivered the opinion Of
the court On page $40. the court lays down tho
doctrine-"After tho court has passed on the re-
presentation OF the administrator, tho Law presumes
that it was accompanied by the certificate Of the
Judge OF probate, as that was requisite to tho
ton of the court their order Of sale is evidence Of
that, or any fact that was necessary TO give them
power to make 1t: and the Same remark applies to
the order to give notice to the parties "*S "The
record ia absolute verify, to contradict which there
can be 10 everment or evidences: the court having
power to mako the decree, it can BIO impeached
only by fraud in the party who obtains it" Aud
on psge 3i', tho court sdds-"We do not deem IL
necessary Low or hereafter, to retrace the
or the authorities which tho decision Of this
court in that the which preceded il rest
ed, they are founded the oldest and most sacred
principles OF the common law. Time has
them; the courts Of the States have followed then;
ana this court has never departed FROM them. They
arc the rules OF property which the repOse of the
country DEEPER de; titles acquired under the proceed
ings Of courts of competent juris fiction must hs
deemed inviolaoe in collateral action, or none can
know what is his own" This case is conclusive o.
ours We come here With the record Of the court
whose jurisdiction over the subject matter is appa-
rent on the face Of the statute. We produce the
only evidence which the law requires 10 be kept of
the government OF that court, viz tho certificate Of
extension and it IS absolute verify, to coatradic.
which ii ere can be no evidence or averment."
Thus fur have treated this oout, in the abstract,
rs q j. gal entity. / will now glance q moment ut
the persons who WELD its powers. Tue statute of
1886, which creates this court, appoints three per-
sons as its juGges-the Secretary Of State, tue Com
missioner OF Patents, and the Solicitor of the Urea
suIy. The statute Of 1913 enacts, that the 20 rer
TO extend patents, now vested in tho board CON-
posed Of the Secretary Of State, Commissioner of
Patents, and Solicitor Of the Treasury, sh all here
after be vested solely in the Commissioner Of Pa
tents;" and 1t further provides that the said Con-
missioner shall exercise that po "upon the same
principles and rules that have gOverses tho said
board" The statute Of '48 docs not attompt to
alter or affect the jurisdiction the power of the
court in any degree; it only changes hc number Of
JUDGES; and, IN express terms, perpetnates tho ur-
diction, and commands the new judge not to depart
from its ancient limits 1t is obvious therefore,
that the argument have made as applicable to The
court, created by the 18th section equally appi
cable to it as modified by tho law Of 49, and that
our certificate of extension, granted under the law
Of AZ, BY the single judge, Is conclusive on the
whole world, except for fraud. which vitiatos all
things
But gentlemen ask, will this court permit the Com
missioner to do as he pleases will they not revise
bis decisions and correct his EROS! Hero is the fa
lacy Of this whole argument No doubt, your honoys
are much better judges Of questions, either of law
fact, than the Commissioner of Patents ia likely
to be-; but it docs not follow out Of those premises
that this court will examine and correct his iuig
mebts. 1t might be a very good reason why Con-
gress should confer such power on this court; but
1t is no reason why this court should assume such
power unless it Is first conferred The law makes
the Commissioner so O AID final Judge of the cour.
n nj a n Na In tn
any other COURT therefore, neither this nor any
other court Will attemp. to exercise such az appel
hate jurisdiction. On this point ] shall ask this
court to decide this case; not because either of rho
other two points is lot equally good for this plain
tiff, but because this is great principle which may
be vital 10 many other titles in which the patentee
nay not be SO able to endure a scrutiny into the
acts Of the Commissioner as Mr. Cole is. How many
are there in which these unrecorded proceed
,pgs cannot be proved excep, by The hanl judg
ment!
Second point-But admit, for the cake Of the ar.
eument, that the JUG gment of the court is not con
elusive, but only p, ac,e evidence of she title
yet the onuS pyObdnd, is thrown upon the defen
osnts; and they must show a1irmatvely that tho
requirements of the law have not been co nphod
with This contend, they have signally failed to
90. The denial OF the answer, made on Information
ana belief, that the proper steps not taken, is
mere idle breath, unless supported by evidences; and
there is ne evidence produced here to support that
answer. Tho defendants rely upon a paper from
~
cord, TO show the omissions which they contend sre
fatal to this title That is no record Tue prinoi
pie of the law 49, that The certificate Of an officer
TO spy matter which the law requires him to record
shall be evidences; but that his certificate. 70 any
matter he is cot bound to record has w,ignt
than the statement OF private person SEQ Green
leaf, vol 1913. IL is, therefore, important 20
inquire what of the proceedings Of the court, in
cases Of extension, the statute requires to be 20
corded snd Your honors will soc, by reading tho
eighteenth section of tho act, that mono Of those
proceedings are required to be recorded, the GGal
decree only excepted. The final decree, therefore.
that ID. the Judgment 1nGer which claim, u tho
only part of toe proceedings which can he made evil
dence by being certified under seal. All the rest is
mere statement OF person. not under oath, and
who was not the actor in the affair ut the time it
happened; who, therefore, knows nothing Of tue
truth falsty of the matter to which ho certfes.
But suppose 1T be true chat this certificate is oyi
dence what is tho certificate? II is only that tho
" hin are true copies OF certain letters, &c, in
the matter of Cslt's application 1t does not pre-
tend to state that this is all that occurred that
matter: but only that these things did occur You
call the Patent Office for copies Of such things as
you want and they send you only what you csll
fgr. 1t does not follow that because the copies
ytu call for do not show that certain things
we done, that, therefore, thoy not done
II the certificate Of the commissioner is evidence of
be chooses 10 Incorporate in certificate,
they ought to hsye procured certificate TINT those
things which they say were omitted did not occur;
not certificate that certain other things did oc,ur;
which may all be true, and yet everything which
they deny may have happened. But the gentleman
that the fourth section Of the act Of 1886 make,
this certificate evidence Wrong again. That Sec
ton provides that the certificate shall be eyldeose
whenever the originals would be evidence. Ofconrse
it will not be pretended that the original slips Of
paper, on which thesc minutes were kept, would be
evidence They are little ay leaves the table OF
the clerk in the Office, which, for the convenience
Of the court minutes made Of tho events witch
traDspire. and which, when they have served thoir
purpose, are thrown aside. They are not recorded
nor does the law require they should be. II
they would not be evidence, what becomes of the
certificate! There Is one part of tho certified pro
ceedirgs which is evidence, because the law 70.
qures 10 to be recorded, and makes 1t so-snd that
is the final decree, tho title on which we stand
/ was much amused by the attempt the gem
tlouan made 10 cut me of from going into tho
p1ocs sdirCs behind a certain point, which point
he thought was just far enough to destroy my case
and save bis. he announced that he should read
Of his record than the order OF the commits
lioner which recitcs that "upon the petition Of Mr.
Colt, setting forth reasons for immediate action on
hs said application" b. had ordered the extension