- A clause (q. v.) used chiefly in such Latin sentences and maxims as the followingClausula generalis de residuo non ea complectitur quæ non ejusdem sint generis cum iis quæ speciatim dicta fuerunt: A general clause of reservation does not comprehend those things which may not be of the same kind with those which have been especially expressed. Lofft 419. Clausula generalis non refertur ad expressa: A general clause does not refer to things expressed. 8 Co. 154. Clausula quæ abrogationem excludit ab initio non valet: A declaration which excludes rescission is inoperative from the first. Clausula vel dispositio inutilis per præsumptionem remotam vel causam ex post facto non fulcitur: An unnecessary clause or disposition is not rendered valid by a remote presumption or a cause arising after the event. Bac. Max. Reg. 21. Clausulæ inconsuetæ semper inducunt suspicionem: Unusual clauses always excite suspicion. In Twyne's Case (1 Sm. Lead. Cas. 1), a deed containing a clause that the gift was made "honestly, truly, and bond fide," was held fraudulent and void, even although made for valuable consideration. CLAUSUM.-LATIN: claudere, to enclose. (1) A close, or enclosure of land. (2) Close, or closed, as breve clausum, a close writ. and the surviving partners carried on the business on their own account until July, 1810, when they became bankrupt. At the death of Devaynes, Clayton had a balance of £1713 on his cash account with the firm. Between the death of Devaynes and the bankruptcy, the payments made to Clayton by the surviving partners largely exceeded the £1713, and the payments so made amounted to £1260 within a few days after Devaynes' death, and before they had received any money whatever from Clayton. But their subsequent receipts largely exceeded the payments, and at the date of the bankruptcy the balance due on the account exceeded the amount of the balance due at Devaynes' death. Under these circumstances, Clayton claimed against the estate of Devaynes the £1713, after deducting the dividends received by him in the bankruptcy of the surviving partners. But it was held that in an account of this kind, in the absence of an express appropriation by the creditor, the first sum paid in is the first one drawn out; in other words, that the first payment by the banker must be set against the first receipt, and so on: consequently, no part of the £1713 remained due by the estate of Devaynes, because it had been drawn out by Clayton. 2. The rule in Clayton's Case does not apply where a person in a fiduciary position (e. g. a trustee) has paid money held by him in that character to his general account, and mixed it with his own money; for, in such a case, when he withdraws money from the account for his own purposes, he is deemed to withdraw it from that part of the fund which belonged to him, so as to leave the trust money intact. In re Hallett's Estate, 13 Ch. D. 696. CLEAN HANDS are required from a plaintiff, i. e. he must be free from reCLAUSUM FREGIT.-He broke the proach in his conduct. But there is this close. See CLOSE. limitation to the rule, that his conduct can CLAUSURA HEYÆ. - An enclosure of only be excepted to in respect of the suba hedge.