Page:Black's Law Dictionary (Second Edition).djvu/411

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DUNSETS

keep them from bruising and injuring each other. Great Western Ins. Co. \. Thwing, 13 Wall. (S74, 20 L. Ed. 607; Richards v. Hun- Ieu (C. C.) 1 Fed. 56.

DUNSETS. People that dwell on hilly places or mountains. Jacob.

Duo non possunt in solido nnnm rem pouidere. Two cannot possess one thing in entirety. Co. Lltt. 368.

Duo aunt instruments. nd omnes res nut cnnfirmandas nut impugnandas. ratio et nnthox-itas. There are two instru- ments for confirming or inipuguing all things, —reasun and authority. 8 Coke, 16.

DUODECEMVIRALE JUDICIUM. The trial by twehe men, or by jury. Applied to juries de mcdietate linguw. Moi. de Jure Mar. 448.

DUODECIMA MANUS. Twelve hands. The oaths of twelve men. including himself, by uhom the defendant was allovxed to make his law. 3 Bl. Comm. 3-13.

DIIODENA. rwehe men.

in old records. A jury or

Cowell.

DIIODENA MANU. A dozen hands. L e., twelve witnesses to purge a criminal of an offense.

Dnorum in culidum dominium vel pos- nessio esse non potest. Ownership or possession in entirety cannot he in two persons of the some thing. Dig. 13, 6, 5, 15; Mucheld. I:on.I. Law, § 245. Bract. fol. 2811. DIIPLA. In the civil law. Double the price of :1 thing. Dig. 21, 2, 2.

DUPLEX QUERELA. A douhie complaint An ecclesiastical proceeding, which is in the nature of on uppeal from an ordi- nary's refusal to institute. to his next iInmcdiate superior: as from a bishop to the archbishop. If the superior adjudges the cause of refusal to be insufiicient, he will Kl'.‘llIt institution to the appellant. Pitiliim. Ecc. Law, 4-10.

DULPEX VALOR MARITAGII. In old English law. Double the value of the man- riage. While an infant was in ward, the guardian had the power of tendering him or her a suitable match, Without dlsparayrenient, which if the infants refused, they forfeited the value of the nlarrlnge to their guardian, that is, so much as a jury would assess or any one would give to the guardian for such an alliance: and, if the infants married themselves without the guardian's consent, they forfeited double the value of the marriage 2 Bl. Connn. 70; Litt. § 110; C0. Lltt. 82b.

403

DUPLICITY

DUPLICATE. When two written docu- ments are substantially alike. so that each mi,':ht he a copy or transcript from the other. While hoth stand on the same footing as original instruments, thev are Calied “dupli- Cates." Agreements. deeds, and other docu- ments are frequently executed in duplicate. in order that each party may have nu orig- inal in his possession. State v. Grafiaru. 74 Wis. 643. 43 N W. 727: Grant v. Grliiith, 39 App. Div. 107. 56 N. 1‘. Supp. 791: Trust Co v. Codington County, 9 S. D. 159. 08 N. W. 314: Nelson v. Biakey, 54 Ind. 36.

A duplicate is sometimes defincd [0 be the "copy" of a tbing: but. tbough gencrally a copy, 51 duplicate diifers from a mere copy. in having all the validity of an original. Nor, it seems. need it be nn exact copy. Defined also to be the “(’otlntm‘pnrl" of an instrllnlcnt: hut in indentures there is [I distinction between comxtm-parts executed by the semis] parties respar.-tivuly, each party atfixiozz his or her scnl tn nniv one counterpart, and vluplir,-ate zrrigi:mL9. each exerutcd by all the parties. Toms v. Cun:in_r:, 7 Man. & G. 91. note. The old in- E dentures. charters, or (‘hiro;:r:||)lls seem to have had the character of duplicates. Iiurrill.

The term is also frequently used to signify a new original, made to take the place of an instrument that ‘has been lost or destroyed. and to have the same force and eiiect. Ben- F ton v. i\iart'm, 40 N. Y. 347.

In English law. The certificate of discharge gi\ en to an insolvent debtor who takes the benefit of the act for the relief of insolvent debtors.

The ticket given by a. pawnbroher to the pawner of a chattel.

—Dnp1icnte taxation. The same as “dnuhle” taxation. Sue DounLE. Duplicate will. A term used in England. r\- L‘l'l! a it-sta for exvuu 1-‘ two copies of his will. one to keep himself, and H the other to be deposited with another person. Upon application for probate of a duplicate will. both copies must he deposited in the registry of the court of probate

DUPLICATIO.}} In the civil law. 'l‘hc I defend-ant’s answer to the plnlntlifs replication, corresponding to the rejoinder of the conunou law.

Dnplicnuonem possibilitatis lex non J patitur. The law does not allow the doub- ling of a possibility. i Rolie. 321.

DIIPLICATUM J I!’ S. l‘nuble Bract. fol. 28:51:. See Daorr-Deon-.

righ t.

DUPLICITY. The technical fault. in pleading, of uniting two or more cam-:(-s of action in one count‘ in 11 Writ, or two or more grounds of defense in one plea, or two or more breaches in a replication, or two or L more offenses in the same count of an indirtincnt. Tucker v. State, 6 '1 Waters v. People, 104 iii. 54: . Blumenthal, 1 Penneulli (l)el.) 476, 42 Ati. 175: Devlno v. Railroad Co. 63 Vt. 98, 20

Atl. 953; Tucker v. Ladd, 7 Cow. (N. Y.) 452. M