Damage-Cleer

A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen's bench and exchequer, out of all damages exceeding five marks recovered in those courts, in actions upon the case, covenant, trespass, etc., wherein the damages were uncertain; which the plaintiff was obliged to pay to the prothonotary or the oflicer of the court wherein he recovered, before he could have execution for the damages. This was originally a gratuity given to the prothonotaries and their clerks for drawing special writs and pleadings; but it was taken away by statute, since which, if any officer in these courts took any money in the namo of damage-cleer, or anything in lieu thereof, he forfeited treble the yalue.

Wharten.

DAMAGE FEASANT or FAISANT. Doing damage. A term applied toa person’s eattle or beasts found upon another’s land, doing damage by treading down the grass, grain, etc.

3 Bl. Comm. 7, 211; Tomlins.

This phrase seems to have been introduced in the reign of Edward IIL., in place of the older expression “en son damage,” (in damio suo.) Crabb, Eng. Law, 292.