Page:Black's Law Dictionary (Second Edition).djvu/215

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

of trespass, and still retained in the phrase quare clausum fregit. (q. v.)

CLAUSUM PASCHLÆ. In English law. The morrow of the utas, or eight days of Easter; the end of Easter; the Sunday after Easter-day. 2 Inst. 157.

CLAUSURA. In old Engish law. An inclosure. Clausura heyæ, the inclosure of a hedge. Cowell.

CLAVES CURIÆ. The keys of the court. They were the officers of the Scotch courts, such as clerk, doomster, and serjeant. Burrill.

CLAVES INSULÆ. In Manx law. The keys of the Isiand of Man, or twelve persona to whom aii ambiguous and weighty causes are referred.

CLAVIA. In old English law. A club or mace; tenure per ac-rjeu-ntium. cltwim, by the serjeanty of the ciub or mace. Cowell.

CLAVIGERATUS. A treasurer of a Church.

CLAWA. A close, or small inclosure. Cowell.

CLEAN. Irrepruachahle; innocent of hand or wrongdoing; free from defect In form or substance; free from exceptions or reservations. See examples below.

—Clean bill of health. One certifying that no contagious or infectious disrnsc exists. or certifying as to healthy conditions generally without exception or roservation.—Clean bill of tailing. One without exception or reserration, as to the piace or manner of stowage -4 the goods, and importing that the goods are to he (or have been) safely and properly Stowe-Ii

The Delaware, 14 V\' ‘l 7‘. ‘. 20 L Ed. T79: 'i‘hc Kirkhiil. 99 Fed. .u , 39 C. C. A. 0:38: The Wellington. 39 Fed. Cns 6-6. —Clen.n hands. It is a rule of equity that a nlaiutitt must come with “clean hands.” 1'. e.. he must be free from reproach in his conduct. But them is this iimitation to the ruie: that iiis con- rhlvt can only he excepted to in respect to the suhiect-umtler of his claim: everything else is oaterial. American Ass'n v. Innis. 109 Ky. .. 1. 60 S. W.

CLEAR. Plain; evident; free from doubt or mujccture; aiso. unincumbered: free from deductions or draw-backs.

—Clenr annual value. The net yearly vaiue ID the nossvssnr of the property. over and above taxes. interest on mortgages, and other churns and deductions. Groton v. Boxhormrch. 6 .1155. 56; Marsh v. Hammond, 103 Mass. 14 : Shelton v. Caniphcli. 109 Tenn. G90. 72 S. W. l12.—Clear annuity. The devise of an annuity "clear" means an annuity free from taxes (Hodgworlh v. Crawiey. 2 Atk. 376) or free or clear of legacy or inheritance taxes. In re Bispham's Estate, 24 Wkly. Notes Cas. (Pa) 79.—Clear days. If a certain number of clear days be given for the doing of any act, the time is to be reckoned exclusively, as well of the first day as the last. Rex v. Justices, 3 Ham. .1: Aid. 581: Hodgins v. Hancock. 14 Mees. & W. 1%: State v. Marvin. 12 Iowa.

54'J‘_’_.—CIeur evidence or proof. Evidence “Inch is nusithe, precise and explicit, as opposed to ambiguous, equivocal, or contradictory proof, and which tends directly to eetabiish the point to which it is adduced. instead of ieuving it a matter of conjecture or piesumption. and is anflicient to make out a prima Eacie case. Mortgage Co. v. Face. 23 Tex. Civ. App. 2 ’,

' ' ' Reynolds v. Blaisdeii. 253 It. i.

Wnrd v. Waterman. Sc) Cal.

ioi, ‘49 Anti. 4i;

4'33. 24 Pac 930; Jennyn v. McClure, 195 Pa. 2 45 Ati. 93- Winston v. Buraell. 44 ,l\'an. 367. 24 Pat: 4 Am. St. Rep. 2-SD; Spen-

. I , (-er v. Colt. S!) Pa. 318; Cal 3f)5.—Clea.r title. ject to any incumhrance. 105 Mass. -109.

Peopie v. Wreden. 59 One which is not sub- Roherts v. Bassett.

CLEARANCE. In maritime law. A document in the nature of a certificate given by the coliector of customs to an outw:u¢l- rhound vessei. to the elfect that she has compiied with the law, and Is duly authorized to depart.

CLEARING. The departure of a vessel from port, after coiuplylng with the customs nnd health inws and like iocni reguiations.

In mercunthe law. A method of making exchanges and settling balances, adopted among bnnks and bankers.

CLEARING-HOUSE. An institution organized by the hanks of a city, where their messciigcrs may meet dally, adjust h.1i:1nc-es of accounts, and receive and pay diftercnces. Crane v. Bank, 173 Pa. 566, 34 At]. 296; Nation.1i Exch. Bank v. National Bank of North Amci-ic-1, 132 Mass. 147-. Philier v. Patterson. 1GS Pa. 468. 32 At]. 26. 47 Am. St. Rep. 896.

CLEMENTINES. In canon law. The coliection of decretais or constitutions of Pope Clement V., made by order of John XXII“ his successor, who published It In 1317.

CLEMENT’s INN. An inn of Chancery. See Imvs or CJJANCEEY.

CLENGE. In old Scotch law. To clear or acquit of a criminal charge. Literally, to cleanse or ciean.

CLEP AND CALL. In old Scotch practice. A solcnln form of nerds prescilbed by inw, and used In criminal cases, ns in pleas of wrong and uniaw.

CLERGY. The whole body of clergymen or ministers of religion. Also an abbreviation for “benefit of clergy." See Banana‘.

—Regular clergy. In old English law. Monks who lived sccundum rcgulu.s (according to the mica) of their l'espeCLi\'e houses or sndeties were so denominated. in cnntradistinction to the parochiai clergy, who performed their min- istry in the world. in scculn, and who from thence were called “secuiar" clergy. Chit. B1. 387, note.

CLERGYABLE. In old English law. Admitting of clergy, or benefit of clergy.