Twiss

— These two cases were tried together and by stipulation a joint appeal is taken from the judgment and order denying a new trial. Plaintiff objects to the statement on the motion for a new trial on the ground that it is not authenticated as required by law. The certificate of the judge settling the statement is as follows:

It does not appear in any way that the amendments alluded to have ever been added as directed or that the statement in the transcript is the engrossed statement on motion for a new trial; on the contrary, the plain inference from the language of the certificate is that the statement to which it is appended does not include the proposed amendments, but they are still to be incorporated therewith before the judge would add the certificate required by the Practice Act. The certificate in the record would be entirely inappropriate in the engrossed statement which would include the amendments.

The Practice Act requires (section 195) that the statement when not agreed to shall be settled by the judge, and shall be accompanied by his certificate that ‘ ‘ the same has been allowed by him and is correct.” By no possible construction can the certificate in this ease be…