CLANDESTINE¹. That which is done in secret and contrary to law.

2.Generally a clandestine act in case of the limitation of actions will prevent the act from running. A clandestine marriage is one which has been contracted without the form which the law has prescribed for this important contract. Alis. Princ. 543

CLARENDON. The constitutions of Clarendon were certain statutes² made in the reign³ of Henry H., of England, in a parliament holden at Clarendon, by which the king cheeked the power of the pope and his clergy⁴. 4 Bl. Com. 415.

CLASS. The order according to which are arranged or distributed, or are supposed to be arranged or distributed, divers⁵ persons or things; thus we say, a class of legatees.

2. When a legacy⁶ is given to a class of individuals, all who answer the description at the time the will takes effect, are entitled; and though the expression be in the plural⁷, yet if there be but one, he shall take the whole. 3 M'Cord, Ch. R. 440.

3. When a bond is given to a class of persons, it is good, and all composing that class are entitled to sue upon it; but if the obligor be a member of such class, the bond is void, because a man cannot be obligor and obligee⁸ at the same-time; as, if a bond be given to the justices of the county court, and at the time the obligor is himself one of said justices. 3 Dev. 284, 287,289; 4 Dev. 882.

4. When a charge is made against a class of society, a profession, an order or body of men, and cannot possibly import a personal application to private injury, no action lies; but if any one of the class have sustained special damages inconsequence of such charge, he may maintain an action. 17 Wend. 52, 23, 186. See 12 John. 475. When the charge is against one of a class, without designating which, no action lies; as, where three persons had been examined as witnesses, and the defendant⁹ said in addressing himself to them, " one of you three is perjured¹⁰." 1 Roll. Ab. 81; Cro. Jac. 107; 16 Pick. 132.

CLAUSE, contracts. A particular disposition¹¹ which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will. When a clause is obscurely written, it ought to be construed¹³ in such a way as to agree with what precedes and what follows, if possible. Vide Dig. 50, 17, 77; Construction; Interpretation¹⁴.

CLAUSUM FREGIT, torts, remedies. He broke the close. These words are used in a writ¹² for an action of trespass¹⁵ to real estate, the defendant being summonedto answer quare clausum fregit, that is, why he broke the close of the plaintiff. 3 Bl. Com. 209.

2. Trespass quare clausum fregit lies for every unlawful intrusion into land, whether enclosed or not, though only grass may be trodden. 1 Dev. & Bat. 371. And to maintain this action there must be a possession in the plaintiff, and a right to that possession.9 Cowen 39; 4 Yeates, 418; 11 Conn. 60, 10 Conn. 225; 1 John. 511; 12 John. 1834 Watts¹⁶, 377; 4 Bibb, 218; 15 Pick. 32; 6 Rand. 556; 2 Yeates, 210; 1 Har. & John. 295; 8 Mass. 411.