KFLCC Kingdom Law 2nd Ed.

207

OLAUSUM PASCHLE)

CLERGYABLE

of trespass, and still retained in the phrase quare clausum fregit, (g. v.) CLAUSUM PASCRXX. In English law. The morrow of the utas, or eight days of Easter; the end of Easter; the Sunday after Easter-day. 2 Inst. 157.

502.—Clear evidence or proof. Evidence which is positive, precise and explicit, as op posed to ambiguous, equivocal, or contradictory proof, and which tends directly to establish the point to which it is adduced, instead of leav ing it a matter of conjecture or presumption, and is sufficient to make out a prima facie case. Mortgage Co. v. Pace, 23 Tex. Civ. App. 222, 56 S. W. 377; Reynolds v. Blaisdell, 23 R. I. 16, 49 Atl. 42; Ward v. Waterman, 85 OaL 488, 24 Pac. 930; Jermyn v. McClure, 195 Pa, 245, 45 Atl. 938; Winston v. Burnell, 44 Kan. 367, 24 Pac. 477, 21 Am. St. Rep. 289; Spent cer v. Colt, 89 Pa. 318; People v. Wreden, 59 Gal. 395.—"Clear title. One which is not sub ject to any incumbrance. Roberts v. Bassett, 105 Mass. 409. A document in the nature of a certificate given by the collector of customs to an outward bound vessel, to the effect that she has com plied with the law, and is duly authorized to depart. CLEARING. The departure of a vessel from port, jafter complying with the customs and health laws and like local regulations. In mercantile law. A method of making exchanges and settling balances, adopted among banks and bankers. CLEARING-HOUSE. An institution or ganized by the banks of a city, where their messengers may meet daily, adjust balances of accounts, and receive and pay differences. Crane v. Bank, 173 Pa. 566, 34 Atl. 296; Na tional Exch. Bank v. National Bank of North America, 132 Mass. 147; Philler v. Patter son, 168 Pa. 468, 32 Atl. 26, 47 Am. St. Rep. 896. CLEMENTINES. In canon law. The collection of decretals or constitutions of Pope Clement V., made by order of John XXII., his successor, who published It in 1317. CLEMENT'S INN. An inn of chancery. See INNS OF CHANCEBT. In old Scotch law. To clear or acquit of a criminal charge. Literally, to cleanse or clean. CLEF AND CALL. In old Scotch prac tice. A solemn form of words prescribed by law, and used in criminal cases, as in pleas of wrong and unlaw. The whole body of clergymen or ministers of religion. Also an abbrevia tion for "benefit of clergy." See BENEFIT. —Regular clergy. In old English law. Monks who lived secundum regulas (according to the rules) of their respective houses or societies were so denominated, in contradistinction to the parochial clergy, who performed their min istry in the world, %n seculo, and who from thence were called "secular" clergy. 1 Chit. Bl. 387, note. In old English law. Admitting of clergy, or benefit of clergy. A CLEARANCE. In maritime law. CLENGE. CLERGY. CLERGYABLE.

CLAUSURA.

In old English law. An

Clausura heyce, the inclosure of a

inclosure.

hedge. Cowell.

CLAVES CURLS. The keys of the court They were the officers of the Scotch courts, such as clerk, doomster, and serjeant. Burrill. In Manx law. The keys of the Island of Man, or twelve persons to whom all ambiguous and weighty causes are referred. CLAVES INSUL2E.

CLAVIA.

In old English law. A club

or mace; tenure per serjeantiam clavlce, by the serjeanty of the club or mace. Cowell.

CLAVIGERATUS. A

a

treasurer of

churcb.

CLAWA. A close, or small inclosure. Cowell. of fraud or wrongdoing; free from defect in form or substance; free from exceptions or reservations. See examples below. —Clean, bill of health.. One certifying that no contagious or infectious disease exists, or certifying as to healthy conditions generally without exception or reservation.— Clean bi l l of lading. One without exception or reser vation as to the place or manner of stowage of the goods, and importing that the goods are to be (or have been) safely and properly stowed under deck. The Delaware, 14 Wall. 596, 20 L. Ed. 779; The Kirkhill, 99 Fed. 575, 39 a a A. 658; The Wellington, 29 Fed. Cas. 626. —Clean hands. It is a rule of equity that a plaintiff must come with "clean hands," f. e., he must be free from reproach in his conduct. But there is this limitation to the rule: that his con duct can only be excepted to in respect to the subject-matter of his claim; everything else is immaterial. American Ass'n v. Innis, 109 Ky. 595, 60 S. W. 388. from deductions or draw-backs. — Clear annual value. The net yearly value to the possessor of the property, over and above taxes, interest on mortgages, and other char S s and deductions. Groton v. Boxborough, 6 ass. 56; Marsh v. Hammond, 103 Mass. 149; Shelton •. Oampbell, 109 Tenn. 690, 72 S. W. 112.— Clear annuity. The devise of an an nuity "clear" means an annuity free from tax es (Hodgworth v. Crawley, 2 Atk. 376) or free or clear of legacy or inheritance taxes. In re Bispbam's Estate, 24 Wkly. Notes Cas. (Pa.) 79.—Clear days. If a certain number of clear days be given for the doing of any act, the time is to be reckoned exclusively, as well of the first day as the last. Rex v. Justices, 3 Barn. & Aid. 581; Hodgins v. Hatfcock, 14 Mees. & W. 120; State T. Marvin, 12 Iowa, CLEAN. Irreproachable; innocent CLEAR. Plain; evident; free from doubt or conjecture; also, unincumbered; free