Damage Cleer

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 to be paid the prothonotary or chief officer 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 St. 17 Car. II. c. 6. Cowell; Termes de la Ley. DAMAGE FEASANT (Fr. faisant doming to one person do upon the land of another by feeding there, and treading down his grass, corn, or other production of the earth. 3 Bl. Comm. 6; Co. Litt. 142, 161.

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.

A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen's bench and exchequer, out of nil 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 officer of the court wherein he recovered, bsfore he conid have execution for the damages. This was originally a gratuity given to the prothonotaries and their elerks 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 name of damage-cleer, or anything in lieu thereof, he forfeited treble the value. Wharton.

Defined under Damage in Black's Law Dictionary.

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.

Fr. and Eng. d. damage de eler; clerk's compensation; (c[. J. Lat. damna clericorum^ In old English practice. A sum of money or fee which a plaintiff recovering damages in the courts of King's Bench and Common Pleas anciently had to pay to the prothonotary, or chief officer of the court, before he cpuld have execution. It was abolished by statute 17 Car. II. c. 6. Termes de la ley, CowelL DAMAGE FEASANT (or FAISANT). L. Fr. [L. Lat. damnum facientes,'] Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage by treading down the grass, grain, &c. 3 Bl, Com. 7, 211. Tondina. This phrase seems to have been introduced in the reign of Edward III., in place of the older expression en son damage, {in damno suo.) Cra Ws Hist, Eng. Law, 292. See Damage,