Legal Definitions - damage-cleer

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.