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Simple English definitions for legal terms
damage-cleer
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A quick definition of damage-cleer:
Damage-cleer is a fee that a plaintiff had to pay to the Court of the Common Pleas, King's Bench, or Exchequer before they could get their money if they won a case. The fee was originally a gratuity to the court clerks for preparing special pleadings. It was later abolished by statute. The fee was a percentage of the damages awarded and was payable if the damages exceeded a certain amount. The plaintiff had to pay the fee to the prothonotary, or chief officer of that court, before they could have execution for the damages.
A more thorough explanation:
Definition: Damage-cleer (dam-ij kleer), n. [from Latin damna clericorum “clerk's compensation”] is a historical term that refers to a set fee payable by a plaintiff to the Court of the Common Pleas, King's Bench, or Exchequer before execution on an award of damages.
The fee was originally a gratuity to the court clerks for preparing special pleadings. It was later abolished by statute.
Example: In the past, if a plaintiff won a case and was awarded damages exceeding five marks, they were required to pay a fee to the prothonotary or chief officer of the court before they could have execution for them. This fee was known as damage-cleer or damna clericorum.
Explanation: The example illustrates how damage-cleer was a fee that plaintiffs had to pay to the court before they could receive their awarded damages. It was a way for court clerks to receive compensation for their work in preparing special pleadings. The fee was abolished by statute, so it is no longer required in modern legal proceedings.