KFLCC Kingdom Law 2nd Ed.

CLARE CONSTAT

206

CLAUSUM FREGIT

CLARE CONSTAT. (It clearly appears.) In Scotch law. The name of a precept 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 Clarendon, (A. D. 1164,) by which the king checked the power of the pope and his clergy, and great ly narrowed the exemption they claimed from secular jurisdiction. 4 Bl. Comm. 422. CLARIFICATTO. Lat. In old Scotch law. A making clear; the purging or clear ing (clenging) of an assise. Skene. CLASSY 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 cer tain purposes; e. g% a* class of legatees. In re Harpke, 116 Fed. 297, 54 C. C. A. 97; Swarts v. Bank, 117 Fed. 1, 54 C. C. A. 387; Farnam v. Farnam, 53 Conn. 261, 2 Atl. 325, 5 Atl. 682; Dulany v. Middleton, 72 Md. 67, 19 Atl. 146; In re Russell, 168 N. Y. 169, 61 N. E. 166. —Class legislation. A term applied to statu tory enactments which divide the people or sub jects of legislation into classes, with reference either to the grant of privileges or the imposi tion of burdens, upon an arbitrary, unjust, or invidious principle of division, or which, though the principle of division may be sound and jus tifiable, make arbitrary discriminations between those persons or things coming within the same class. State v. Garbroski, 111 Iowa, 496, 82 N. W. 959, 56 L. R. A. 570, 82 Am. St. Rep. 524; In re Hang Kie, 69 Cal. 149, 10 Pac. 327; Hawkins v. Roberts, 122 Ala. 130, 27 South. 327; State v. Cooley, 56 Minn. 540, 58 N. W. 150; Wagner v. Milwaukee County, 112 Wis. 601, 88 N. W. 577; State v. Brewing Co., 104 Tenn. 715, 59 S. W. 1033, 78 Am. St. Rep. 941. 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 the chief clerk as to which of the parties are to attend on each of the accounts and inquiries 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. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 L. R. A. 176; Eschbach v. Collins, 61 Md. 499, 48 Am. Rep. 123. —Clause irritant. In Scotch law. By this clause, in a deed or settlement, the acts or deeds of a tenant for life or other proprietor, contrary to the conditions of his right, become null and void; and by the "resolutive" clause such right becomes resolved 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 an nul it.— Clause rolls. In English law. Rolls which contain all such matters of record as were committed to close writs; these rolls are preserved m the Tower. CLAUSULA. A clause; a sentence or part of a sentence in a written instrument or law. Clausula generalis de residuo non ea eomplectitur quae non ejusdem jsint gen eris cum lis quae 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 specially mentioned. Lofft, Appendix, 419. Clausula generalis non refertur ad ezpressa. 8 Coke, 154. A general clause does not refer to things expressed. Clausula quae abrogationem exeludit 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 inducunt suspicionem. Unusual clauses [in an in strument] always induce suspicion. 3 Coke. 81. CLAUSUM. Lat. Close, closed up, seal ed. Inclosed, as a parcel of land. CLAUSUM FREGIT. L. Lat. (He broke the close.) In pleading and practice. Tech nical words formerly used in certain actions