Blacks Law Dict. 1st ed

CLAMOR

GLAUSUL2E, ETO.

210

to attend on each of the accounts and in quiries directed by the judgment. Sweet. CLAUSE. A single paragraph or subdi vision of a legal document, such as a con tract, deed, will, constitution, or statute. Sometimes a sentence or part of a sentence. CLAUSE IRRITANT. In Scotch law. By this clause, in a deed or settlement, the acts or deeds of a ten ant for life or other pro prietor, contrary to the conditions of his right, become null and void; and by the "resolutive" clause such right becomes re solved and extinguished. Bell. CLAUSE POTESTATIVE. In French law. The name given to the clause whereby one party to a contract reserves to himself the right to annul it. CLAUSE ROLLS. In English Law. Bolls which contain all such matters of rec ord as were committed to close writs; these rolls are preserved in the Tower. CLAUSULA. A clause; a sentence or part of a sentence in a written instrument or law. Clausula generalis de residue non ea oomplectitur quse non ejusdem sint gen eris cum iis quse speciatim dicta fue rant. A general clause of remainder does not embrace those things which are not of the same kind with those which had been spe cially mentioned. Lofft, Appendix, 419. Clausula generalis non refertur ad expressa. 8 Coke, 154. A general clause does not refer to things expressed. Clausula qu» abrogationem excludit ab initio non valet. A clause [in a law] which precludes its abrogation is void from the beginning. Bac. Max. 77. Clausula vel dispositio inutilis per presumptionem remotam, vel causam ex post facto non fulcitur. A useless clause or disposition [one which expresses no more than the law by intendment would have sup plied] is not supported by a remote presump tion, [or foreign intendment of some purpose, in regard whereof it might be material,] or by a cause arising afterwards, [which may induce an operation of those idle words.] Bac. Max. 82, regula 21. Clausulse inconsuetse semper induount suspicionem. Unusual clauses [in an in strument] ulways induce suspicion. 8 Coke, 8A.

of a person who was in the royal service, and could not appear in person. Beg. Orig. 19. CLAMOR, In old English law. A claim or complaint; an outcry; clamor. In the civil law. A claimant. A debt; anything claimed from another. A procla mation; an accusation. Du Cange. C L A B E CONSTAT. (It clearly ap pears.) In Scotch law. The name of a pre cept for giving seisin of lands to an heir; so called from its initial words. Ersk. Inst. 3, 8,71. CLAREMETHEN. In old Scotch law. The warranty of stolen cattle or goods; the law regulating such warranty. Skene. CLARENDON, CONSTITUTIONS OP. The constitutions of Clarendon were certain statutes made in the reign of Henry II. of England, at a parliament held at Clar endon, (A. D. 1164,) by which the king checked the power of the pope and his clergy, and greatly narrowed the exemption they claimed from secular jurisdiction. 4 Bl. Comm. 422. CLARIFICATIO. Lat. In old Scotch law. A making clear; the purging or clear ing (clenging) of an assise. Skene. CLASS. The order or rank according to which persons or things are arranged or as sorted. Also a group of persons or things, taken collectively, having certain qualities in common, and constituting a unit for certain purposes; e. g., a class of legatees. CLASSIARIUS. A seaman or soldier serving at sea. CLASSICI. In the Roman law. Per sons employed in servile duties on board of vessels. Cod. 11, 12. CLASSIFICATION. In the practice of the English chancery division, where there are several parties to an administration ac tion, including those who have been served with notice of the decree or judgment, and it appears to the judge (or chief clerk) that any of them form a class having the same interest, (e. g. % residuary legatees,) he may require them to be represented by one so licitor, in order to prevent the expense of each of them attending by separate solicitors. This is termed "classifying the interests of the parties attending," or, shortly, "classi fying," or "classification." In practice the term is also applied to the directions given by th* chief clerk as tc which of the parties are

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