Page:Black's Law Dictionary (Second Edition).djvu/408

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DRUNKARD 400 DUE  

become habitual. The terms "drunkard" and “habitual drunkard" mean the same thing. Com. v. Whitney, 5 Gray (Mass.) 85; Gourlay v. Gourlay, 16 R. I. 705, 19 Atl. 142.

A “common” drunkard is defined by statute in some states as a person rule has been convicted of drunkenness (or proved to have been drunk) a certain number of times within a limited period. State v. Kelly. 12 R. I. 535; State v. Flynn 16 R. I. 10, 11 Atl. 170. Elsewhere the word "common in this connection is understood as being equivalent to "habitual." (State v. Savage. 89 Ala. I. 7 South 183, 7 L. R. A. 426; Com. v. McNamee, 112 Mass. 286; State v. Ryan 70 Wis. 676, 36 N. W. 823;) pr perhaps as synonymous with "public," (Com. v. Whitney, Gray [Mass.] 86.)

DRUNKENNESS. In medical jurisprudence The condition of a man whose mind is affected by the immediate use at intoxicating drinks; the state of one who is "drunk." See Drunk.

DRY. In the vernacular, this term means desiccated or free from moisture; but, in legal use, it signifies formal or nominal, without imposing any duty or responsibility, or unfruitful, without bringing any profit or advantage.

-—Dry exchange. See Exchange.-—Dry mortgage.}} One which creates a lien on land for the payment of money, but does not impose any personal liability upon the mortgagor. Cullatcral to or over and above the value of the ]il'P1_niscs. F1-nwenteld v. Hastings, 13-} (‘al. ‘!_'S. (36 Pac. t'iS.—Dry-mnltux-es. In Scotch law. Corn paid to the owner of a mill, whetb er the payers grind or nnt_—Di-y rent. Rentucclr a rent rt-served without a clause of dis- Dry trust. A passive trust; one requires no action on the part of the uuslce bc_\onr‘l turning over money or property to the ccstui que trust. Bradford v. Robinson. 7 Iloust. lDcl.) 29, 30 . 670; Cornucll V. “'ullf. 148 M0. 542. 50 S. W. 439. 45 L. R. A. 53.—D1-y weight. In tarilf laws, this term does not mean the weight of an article after desiccation in a. kiln, but its air-dry wcight as understood in coruuierce. U. S. v. Perkins. 66 Fed. 50. 13 C. C. A. 324


DRY-CRÆFT. Witchcraft; magic. Ane. Inst. Eng.

DUARCHY. A form of government where two reign jointly.

Dues nxorel eodem tempura habere non licet. It is not lawful to have two nlres at the same time. Inst. 1, 10, G; 1 Bl. Comm. 430.

DUBITANS. Douhting. Dobhln. J, duiritnns. 1 Show. 304. DUBITANTE. Doubting. Is atfixed to

the name or a judge in the reports. to signi- fy that he doubted the decision rendered.

DUBITATDR. It is doubted. A word frequently used in the reports to indicate that :1 point is considered doubt.tuL

DUBITAVIT. Doubted. Vaughan, C. J., dubitavit. Freem. 150.

DUCAT. A foreign coin, varying in value in different countries, but usually worth about $226 of our money.

DUCATUS. In feudal and old English law. A duchy, the dignity or territory of a duke.

DUCES TECUM. (Int. Bring with you.) The name of certain species of writs, of which the S'ubz1a'1Lu. duces fccinn is the most usual. requiring a party who is sumulohed to appear in court to bring with him some d- ~ - uinent. piece of evidence, or other thing n- be used or inspected by the court.

DUGES TECUM LICET LANGUIDUS (Ilring with you, although sh':i:.) In [ll‘il(‘tlC(L An ancient writ, now obsolete. directed to the sheriff. upon a return that he could not bring his prisoner without danger of deltli he being mica lunguidizs. (so sick ;) wiiew upon the court granted a Ilrllrcas corpus ii the nature or a dimes locum licet luuyuizius. Cowell'; Blount.

DUGHY OF LANCASTER. Those lands

which formerly belonged to the dukes of Lancaster, and now belong to the crown in right of the duchy. ’I‘he duchy is distinct from the county palatine of Lancaster, and includes not only the county, but also much terutory at a distance from it. especially the Savoy in London and some land near West mluster. 3 Bl. Comm. 78. —Dnclly court of’ Lancaster. A tribunal of special jurisdiction, held before the chacnellor of the duchy, or his deputy, concerning all matters of equity relating to ianiis hoideu of the crown in right of the duchy of Lancaster; which is a thing very distinct from the county palatine. (which has also its separate chanct-iy, for sealing‘ of writs, and the like.) and comprises much territory which lies at I] vast distance from it; as particularly a vow large district suricunnied by the city of West niinster. The proceedings in this court are the same as were those on the equity side of the court of chnnccry. so that it seems not to be a court of record; and. indeed. it has been holdcn that the court of chancery has a concurrent jurisdiction with the duchy court, and may take cognizance of the same causes. The uppeal from i‘ court lies to the court of appeal. Jud. Act 1873. § 18: 3 Bl. Comm. TS.

DIIGKING-STOOL. See CASTIO ATORY.

DIIGROIRI-1. In French law. Guaranty: equivalent to del credcre. (which see.)

DUE. suliicieut; as in the phrases process of law." "due notice."

2. Owing; payable: justly oired. That which one COIltI'2‘l1lS to pay or perform to another; that which law or justice requires to be paid or done.

3. Owed, or owing, as distinguished from payable. A debt is often said to be due from

1. Just: prnpcr; rezzuiar; lawful;

ie care," "due