510 B A M- 
Moon ! if your influence be quite daram'd up 
With black ufurping mills, lome gentle taper, 
Though a rulh-candle, from the wicker hole 
Of forae clay habitation, vifit us 
With thy long levell’d rule of dreaming light. Milton. 
D A'MA, a town of Arabia, in the country of Yemen: 
220 miles ead-north-ead of Mecca. 
DA'MAC, a town of the ifland of Java, on the north 
coall, where the Dutch have a fa&orv. 
DA'MAGE,/. [domage, Fr. ]'Mifehief; hurt; detri¬ 
ment.—Grofs errors and abfurdities many commit for 
want of a friend to tell them of them, to the great da¬ 
mage both of their fame and fortune. Bacon. —Lois; mif- 
chief differed : 
His heart exalts him in the harm 
Already done, to have difpeopled heav’n, 
My damage fondly deem’d ! Milton. 
The value of mifehief done.—They believed that they 
were not able, though they Ihould be willing to fell all 
they have in Ireland, to pay the damages which had been 
fuftained by the war. Clarendon. —Reparation oi damage; 
retribution.—Tell me whether, upon exhibiting the feve- 
ral particulars which I have related to you, 1 may not 
fue her for damages in a court of juflice r Addifon. 
To DA'MAGE, v. a. To mifehief; to injure ; to im¬ 
pair ; to hurt; to harm.—I confided time as an immenfe 
ocean, into which many noble authors are entirely fwal- 
lowed up, many very much (battered and damaged , fome 
quite disjointed and broken into pieces. Addifon. 
To DA'MAGE, v. n. To take damage, or be damaged. 
DA'MAGEABLE, adj. Sufceptible of hurt : as, da¬ 
mageable goods. Mifchievous; pernicious.—Obfcene and 
immoded talk is offenfive to the purity of God, damage¬ 
able and infectious to the innocence of our neighbours, 
and mod pernicious to ourfelves. Government of the Tongue. 
DA'MAGE-CLEER,yi [damna clericorum, Lat.] This 
was a fee formerly affeffed of the tenth part in the com¬ 
mon-pleas, and the twentieth part in the king’s-bench 
and exchequer, out of all damages exceeding five marks, 
recovered in thofe courts, in actions upon the cafe, co¬ 
venant, trefpafs, battery, &c. wherein the damages were 
uncertain; which the plaintiff was obliged to pay to the 
prothonotary, or the chief officer of the court Wherein 
recovered, before he could have execution for the da¬ 
mages : this was originally a gratuity given to the pro- 
thdnotaries and their clerks for drawing fpecial writs 
and pleadings; but it is taken away by ftatute : and if 
any officer in the king’s courts take any money in the 
name of damage-cleer, or anything in lieu thereof, he 
(hall forfeit treble the value. 17 Car. TI. c. 6. 
DA'MAGE-FE'ASANT, or Faisant, in law, is 
when a ftranger’s beads are found in another perfon’s 
grouncj, without his leave or licence, (and without the 
fault of the pofielfor of the clofe, which may happen 
from his not repairing his fences,) and- there doing da¬ 
mage, by feeding, or otherwife, to the grafs, corn, woods, 
See. In which cafe, the tenant whom they damage, may 
didrain and impound them, as well by night as in the 
day, led the bead efcape before taken ; which may not 
be done for rent, Cervices, &c. only in the day-time. 51 
H:n. III. dat. 4. If a man take my cattle, and put them 
into the land of another, the tenant of the land may take 
thel’e cattle damage-feafant, though I, who am the owner, 
was not privy to the cattle’s being there damage-feafant; 
and he may keep them againfi me till fatisfaction of the 
damages. 2 Danv. Abr. 364. But if one comes to didrain 
damiage-feafant, and to feize the cattle, and the owner 
drives them out before they are taken, he cannot didrain 
them damage-feafant, but is put to his adtion of trefpafs; 
for the-cattle ought to be actually upon the land damage- 
feafant at the time of the didrels. 1 Inf. 161. He that 
hath but the polieffion of, and no tide to, the land, may 
BAM 
judify taking a didrefs damage-feafant. Plowd. 43T. If a 
man puts cattle to padure at fo much a week with an¬ 
other, who after gives notice that he will not have them 
there any longer; in this cafe the owner of the ground 
may didrain them damage-feafant, though the cattle be 
in lawfully at fird ; fo where a leffee holds after his edate 
is ended. 43 Edw. III. Keilw. 69. Bu tthe owner of the 
cattle mud have proper notice and reafonable time aU 
lowed for taking away his cattle. 
Beads belonging to the plough, or beads of hufbandry, 
fheep, horfes joined to a cart, and it isfaida horfe with 
a rider on it, may be didrained damage-feafant, though 
not for rent. 1 Sid. 422. But the owner may tender 
amends before the cattle are impounded, and then the 
detainer is unlawful; alfo, if when impounded the pound 
door is open, the owner may take them out. 5 Rep. 76-. 
A greyhound may be taken damage-feafant, running af¬ 
ter conies in a warren; fo a man may take a ferret that 
another hath brought into his warren, and taken conies 
with. If a perfon bring nets and gins through my warren, 
I cannot take them out of his hands. 2 Danv. 633. But 
if men are rowing up my water, and endeavouring with' 
nets to catch fifh in my feveral pifeary, I may take their 
oars and nets, and detain them as damage-feafant, to dop 
their further fifhing, though I cannot cut their nets. Cro. 
Car. 228. See the article Trespass. 
DA'MAGES,y. in law, fignifies, generally, any hurt 
or hindrance that a man receives in his edate ; but par¬ 
ticularly, a part of what the jurors are to enquire of and- 
bring in, when an a£tion pafleth for the plaintiff; for, 
after verdict given of the principal caufe, the jury are 
a(ked touching cods and damages, which comprehend a 
recompence for what the plaintiff hath fuffered, by means 
of the wrong done him by the defendant. Co. Lit. 257. 
This word damage is taken in law in two feveral figni- 
fications, the one properly and generally , the other rela¬ 
tively ; properly, as it is in cafes wherein damages are 
founded upon the datutes where cods are included within 
the word damages , and taken as damages. But when the 
plaintiff declares for the wrong done to him, to the da¬ 
mage of fuch a fum, this is to be taken relatively for the 
wrong which paffed before the writ brought, and is af- 
feffed by reafon of the foregoing trefpafs, and cannot ex¬ 
tend to cods of fuit, which are future, and of another 
nature. See the article Costs. 
In perfonal and mixed adtions damages were recovered 
at common law ; but in real actions no damages were 
recoverable, becaufe none were demanded by the count 
or writ; whereas in adtions perfonal, the plaintiff counts 
ad dampnum for the injury ; and if he recovers no da¬ 
mages, he hath no cods. In a perfonal adtion, the plain¬ 
tiff (hall recover damages only for the tort done before 
the adtion brought; and therein he counts for his da¬ 
mages': in a real adtion, he recovers his damages pend¬ 
ing the writ; and therefore never counts for his damages. 
10 Rep. 117. By the dat. of Glouc. 6 Edw. I. c. 1. da¬ 
mages are given in real adtions, aflifes of novel diffeifin, 
snort d’ ancefor, &c. and (hall be recovered againd the 
alienee of a diffeifor, as well as againd the dideifor him- 
felf; and the demandant (hall have of the tenant like- 
wife cods of fuit; but not expence's for trouble and lofs 
of time. 2 Inf. 288. No damages could be recovered at 
the common law but againd the wrong-doer, and by him 
to whom the wrong was done. 2 Inf. 284. Damages (hall 
be recovered in writ of admeafurement of dower; but 
not in a writ of admeafurement of padure. 2 Danv. 457- 
In vvrit of partition, by one co-parcener againd another, 
it is faid no damages fhall be had. In a formedon, no 
damages (hall be recovered : fo in a nuper obiit, writ of 
account, writ of execution, &c. Damages and cods are 
due in a writ of annuity; and if the jury find for the 
plaintiff, and do not affefs damages, if will be error; 
though he may after verdict releafe the damages, and 
take judgment for the annuity. 11 Rep. 56. In battery, 
imprifonment 3 
