Page:Black's Law Dictionary (Second Edition).djvu/410

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DUE L

Feeser. 93 Md 716, 50 Ati. 406; i.\I'1I‘I‘ig:lD '1. Page. 4 llumph. ('I.‘enn.) 247; Currier v. Lockwood. 40 Conn. 350. 16 Am. Rep. 40; Lee v. Ilalcoin. 9 Colo. 216, 11 Pac. 74. See E. O. U.

DUEL. A duel is any combat with deadly iveiipniis. fonglit between two or more persons, by proiions agreement or upon a previous quarrel. Pen. (‘.ode Cal. 5 225: State r. Fritz. 133 N. C. 7 5, 45 S. E. 9.): , .t:ite v. rierriolt. 1 Mclilul. (S. C.) 130: Bassett V. State. 4-} Fin. 2. 33 South. 26:2; Diivls v. Modern wuuilmeii. 98 Mo. App. 713, 73 S. W. 923.

DUELLUM. Tile triiil by battei or judicini coinbat. Sen l3Ai'i'i‘.L.

DUES. Certain puyuieiits: rates or taxes. See Ward v. dnsilu. ]U.'. I-‘ed. 2‘_l. 44 C. C. A. 456: Wai'wicl: v. Sii1)rcmr= Conclave. 10'! Ga. 115, 32 S. E. 951; “riIiil.LI.Ii'i v. National Bank, 176 U. S. 559, 20 Sup. Ct. 477, 44 L. Ed. 597.

DUKE, in English law. is a title of no- bility, ranliing iiuuicdiiiteiy next to the Prince of \\ ales. It is only :1 title of dignity. Conferring it does not give any dnin:1in. torritoiy, or jurisdiction over the place whence the title is tiuhen. Duchess, the consort of ii duke. Wharton.

DUKE OF EXETEIVS DAUGHTER. [he name of a rack in the Tower. so cztilcd ifter a minister of Henry VI, who sought to introduce it into England.

DULOGRACY. A government where servants and sinies have so much license and privilege that they domiiieer. Wharton

DULY. In due or proper form or manner; according to legal requirements.

Regularly; upon a proper fouiidntion, as distinguished from mere forui. Robertson v. Perkins, 129 U. S. 233, 9 Slip. Ct. 279. 32 L. Ed. (.86; Browneil v. Greenwich. 114 N. Y. 518, 22 N. E. 24, 4 L. IL A. 635: Leth- bridge v. New York (Super. N. Y.) 15 N. Y. Supp. 562; Allen v. P:lll(‘Kl.'1St. 20 N. J. Law, 74; Van Arsdnle v. Van ii-srlnie, 26 .\T. J. Law, 423; Dunning v. Coiciiniu, 27 La. Ann. 48; Young v. Wright, 52 Cal. 410; White v. Johnson, 27 Or. 252, 40 Pac 511. 50 Am. Sr. Rep. 726.

DUM. Lat. Winie; as long as; until; upon condition that; provided that.

—Dum bane so gesserit. While he shall conduct himself well: during good behavior. Expressive nf D. tenure of officc not dependent upon the pleasure of the nppointiing power, not for a limited period, but ten-ninable only upon the death or misconduct of the incumbent.-— Dum fervet opus. While the work glows: in the heat of action. 1 Kent. Comm. ].‘.’O.—Dnm fuit in prisons. In English law. A writ

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2 DUNNAGE

which lay for a man who had alienrd lands under dun-ss by imprisonment t his proper estates. 2 in by St. 3 & 4 Wm. I iaetatem. (‘Willa he was within nge) In old English practice. A writ of entry which formerly lay for an infant after he had attained his full age, to recover lands which he hull nlieucd in fee. in tail, or for life, during his infancy;

fnit compos nneritis. The name of a, writ nliich the heirs of 11 person who was non cani- pas mcnfis, and who aiieucll his lauds, niizlit hine sm-ii out to rvstnrn him In his l'i_£.'i|lS. Abolislu-rl by 3 & 4 W'm. IV. c. 27.-—Dnin recens fuit nialeficium. “'hiie tin- oft":-nse Wns fresh. A term employed in the aid law ni’ appeal of riipe. Rrnct. fol. 1-1'i.—Dnm sola. Tlhile sole, or single. Dim; solu fizuit, wli_ile she shall l‘L"l.D:liD sole. Diim snln ll‘ 1-aatn 1i.r- cnt, while she lives single and chaste. Words of limitation in old conveyunces. (‘<i. i.i_u. 23.‘iu. Also anpiicti generally to an nnmnriir-d W0ilJ.'lD in connection with something that was or might he done during that condition.

DUMB. One who cannot speak; 5 person who is mute.

DUMB-BIDDING. in sales at auction. when the uilniinnin :1mnnnt which the ouner wi.ll take for the article is written on R piece of paper, and placed by the owner under -I cnntliestick, or other thing, nnd it is agreed that no bidding shnll avail unless eqiinl to that. this is called “dninb-bidding." Bali. Auct. 44.

DUMMOD0. Provided; proiided th'It. A word til’ limitation in the Latin forms of conveyances, of frequent use in introducing ii reservation; us in resening a rent.

DUN. A i1inunt.'1in or high open [)il1(‘e The names of places ending in mm or don were either built on bills or near them in open places.

DUNA. in old records. A haul: of earth cost up; the side or a ditch. Cowell.

DUNGEON. Such an underground [7l‘iS~ on or cell as was formerly placed in the strongest part or a fortress; 5 dark or sub- terr.iueuns prison.

DUNIO. A double; a kind of base cc-in less than a birthing.

D ‘U N N A G E. Pieces of wood placed against the sides and bottom of the hold of ii vessel. to preserve the cargo from the effect of leakage, accordin,-,v to its nature and i]|.l!li- lty. Abb. Shlpp. 227.

There is considerable rcsemiiinnce hetivcen diumage and ballast. The latter is used for trimming the ship, and bringing it down to 5 draft of water proper and safe for sailing. Dunniige is placed under the cargo to keep it from being Wetted by Water getting into

the hold, or between the different parcels to