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Damage Cleer

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The tenth part in the common pleas, and the twentieth part in the king's bench and exchequer courts, of all damages beyond a certain sum. which was t<> be paid the protbonotary or chief ollicer of the court in which they were recovered before execution could be taken out At first it was a gratuity, and of uncertain proportions.

Abolished by stat 17 Car. II. c. 6.

Cowell; Tcrmes de la Ley. DAMAGE FEASANT (French, fa dommage, doing damage). A term usually applied to the injury which animals b ing to one person do upon the land of another, by feeding there, treading down his grass, corn, or other production of the earth.

3 Bla. Com. 6; Co. Litt. 142, 101; Com. Dig. Pleader (3 M. 26).

It "is the strictest distress, for the thing distrained must be taken in the very act;" Lord Holt in 12 Mod. 658; 3 Bla. Com. 6, 7. By the common law, a distress of animals <<r things damage feasant is allowed. Gilb. Distr. 21; Poll. Torts 473, 478 It wa allowed by the ancient customs of France.

11 Toullier 402; Merlin. Reperf. Fourriere; 1 Fournel, Abandon.

See Animal.

See Animal.