Page:Black's Law Dictionary (Second Edition).djvu/214

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CLARE CONSTAT

CLARE CONSTAT. (It clearly apDea1‘5-) In Scotch law. The name of a precept for giving seisin of lands to an helr; so called from its initial words. Ersk. Inst. 3. 8. 71-

CLAREMETHEN. In old Scotch law. The warranty of stolen cattie or goods; the law regiilnting such warranty. Skene.

CLARENDON, CONSTITUTIONS OF. The constitutions of Clarendon were certain statutes made in the reign of Henry II. Of England, at a pariiament held at Clarendon, (A. D. 1164,) by which the king checked the power of the pope and his clergy, and great- ly narrowed the exemption they claimed from secular jurisdiction. -1 Bl. Comm. 422.

CLARLFICATIO.}} Lat. In Old Scotch law. A making ciear; the purging or clearing (cienging) of an sssise. Skene.

CLASS. The order or rank according to which persons or things are arranged or assorted. Also a group of persons or things, taken collectively. having certain quaiitles in common, and constituting a unit for certaln purposes; e. 9., a class of legatees. In re Ilarpiie. 116 Fed. 297. 54 C. C. A. 97: Swarts v. Bank, 117 Fed. 1. 54 C. C. A. 387; Fariiam v. Farnnni. 53 Conn. 261. 2 Atl. 325, 5 Ali. 68?: Dulany v. Miiltlletnn. 72 Md. G7. 19 Atl. 146: In re Russell, 168 N. Y. 169, (‘-1 N. E. 166. —Class leg-is1atio_n. term applied to statutory enactm_ents_vi-hich divide the p_eopie or sub- jects of legislation into ci.is.-es. viitb re_fereno_e either to the grant of privileges or the _imposition of burdens. upon _an arbitrary. uniust, or invidious principle of division, or which, tuough the principie of division may be sound and ]LlS- tifialiie, make arbitrary dis:-riuiinahnns between those poisons or things coming within the same ‘ Qt te v. Garhroski. 111 Iuvia. 496. B2 . W. 9.pJ, 56 IA. IL A. 570. 82 Am. St. I{c_n. "1; In re Hang Kie, 69 Cal. 149. IU Pnc. :L.i ; li'iwkins v. Roberts, 122 Ala. 130 ‘.?_7 South. 32 : State v. Cooley. -56 Minn. 540, n8 N. \_V. 151); “';igncr v. llliivmilliee County. 112 Wis. 601, SS W. 577; State v. Breuing Co., 104 Tenn. 715. 59 S. W. 10:33, 78 Am. St Rep. 9-l1.

CLASSIARIUS. A scamnn or soidler sefiving at sea.

CLASSICI. In the Roman law. Persons employed In servile duties on board of vessels. God. 11. 12.

CLASSIFICATION. In the practice of

the English chancery dlvision, where there are several parties to an ailministration action. lncluding those who have been served with notice of the decree or judgment, and it appears to the judge (or chief cierk) that any of them form a class having the same interest, ((3. 9.. residuary legatees,) he may require them to be represented by one so- iicitor, in order to prevent the expense of each of them at-tending by separate solicitors. This is termed “classifying the interests of

206

CLAUSUM FREGIT

the parties attending," or, shortly. "classl- fyiug," or "classification." In practice the term is also applied to the directions given by the chief clerk as to which of the parties are to attend on each of the accounts and lfllluirles directed by the judgment Sweet

CLAUSE. A single paragraph or subdi-

vision of a legal document. such as a contract, deed. Will, constitution, or statute. Sometimes a sentence or part of a sentence. Appeal of Miles, 68 Conn. 237, 36 Atl. 39. 36 L R. A. 176; Eschbach v. Coilins, 61 M11. 499, 48 Am. Rep. 123. —Clause irritant. In Scotch law. By this clause, in a deod_or settlement, the acts or deeds of a tenant for life or other proprietor. cuutrxiiy to_the conditions of his right. bemnie nllll and void: and by the "resolutive" clause such Flllllf br-(-nnies rvsolied and extinguished. cli.— Clmise_ putestntive. In French invr. The name given to the ciailse whereby one party to a coutnict. reserves to himself the right to annui it.—C1a1_ise rolls. In English law. Rolls which contain all such matters of record as were committed to ciuse writs: these rolls are preserved in the Tower.

CLAUSULA. A clause: a sentence or part of a sentence in a written instrunient or law.

Clnnsuln generalis do residuu non cs compleotitur qua: nan ejlistlexn sint generis cum Lis qua: speciathn dicta. fue- rant. A general ciause of remainder dotfi not embrace those things which are not of the same klnd with tiiose which had been speciaily mentioned. Lofit, Appendix. 4i!)

Claus-uln generalis non refer-tut sd exp:-esss. 8 Cake, 154. A general Cll'll.lS¢' does not refer to things expressed.

Clnusuls qua: nbrugationem exclurllt ab initlo non valet. A Llaiise [in a law] which precludes its abrogation is void from the beginning. Bac. Max. 77.

Clnusula vel dispusitio inutilil per presnmptionem remotnm, vel carisam ex post {auto non fulcitm-. A useiess clause or disposition [one which expresses no more than the law by intendment Wouid have supplied] is not supported by a remote [l1'ESlllJlD- tion, [or foreign intendment of some purpose, in regard whereof it might be material.) or by a cause arising aftci'wni'ils. [nliich may induce an operation of those ldie words.) Bac. Max. 82, reguia 21.

Clausulaa inconsuetse semper induennt lnspicionenl. Uniisiial clauses [in an instrument] aiways induce suspicion. 3 Coke 81.

CLAUSUM. Lat Ciose. closed up. seal- ed. Inclosed, as a parcel of land.

CLAUSUM FREGI1‘. L. Lat. (He brolie the close.) In pleniling and practice Teth-

nicai words formerly used in certain actions