Page:Black's Law Dictionary (Second Edition).djvu/412

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DUPLY 404

DUPLY, 1». (From Lat. ditplirzitio, q. 1!.) In Scotch pleading. The defendant’s answer to the pln.intiE’s replication.

To re- 3 State

DUPLY, 12. In Scotch pleading. join. “It is dupiyed by the panel." Trials, 471.

DURANTE. Lat. During. A word of limitation in old conveyances. Co. Litt. 234D.

—Di:ira.n1:e absentia. I)llI‘lI'LZ absence. In some jurisdictions, administration of a decedent's estate is said to be granted diz-r-mite ub- sentiu: in cases Wl.iEI'€ the absence of the proper proponents of the “ill, or of an cxecutor, delays or iniperils the scttlement of the estatc.—Du- riinte bene plncito. During good pleasure. The ancient tenure of Eiigzlisli judges was dw- rante lime plucito. 1 Bl. Comm 267, 3-}2.— Dru-ante minore ietate. Dlll'iu_L' min 2 Bl. Comm. 503: 5 C0l\'P, ‘.’.9, 30. W . from the old farm of letters of ndminislration. 5 Poke, ubi .impri1.—Dura.nte vidnitate. During widowhuod. 2 Bl. Comm. 12-1. Dib- nmtc cumin irirliiifato. during chaste widowhoorl. 10 East, 520.—Dnr.a.nte virginitate. Duiinfl viutiuity, (so long as she remains unmnrriedj -—Diu-ante vita. During life.

0 E. m n

DURBAR. In India. A court, audience, or levee. Mozley 5: Whitley.

DURESS, 1;. To subject to duress. A word used by Lord Bacon. “If the party duressed do make any motion," etc. Bac. Max. 89, reg. 22.

DURESS, n. Unlawfnl constraint exer- cised upon a mun whereby he is forced to do some act iigaiiisi: his will. it may be either "duress of imprisonment," where the person is deprived of his liberty in order to force him to compliance, or by violence, heating, or other actual injury, or duress per miiiax, consisting in threats of imprisonment or great pliysical injury or death. Diiress may also include the same lIi]llI‘IPS. threats, or restraint exercised upon the inairs wife, ciiiid. or parent. Noble v. Enos. 19 Ind. 78; Bank v. Sargent. G5 Neb. 59-1. 91 N. W. 597. 59 L R. A. .296; Pierce v. Rx-own. 7 wall. 214, 19 L. Ed. 13-1; Gaiushu v. Sherman. 105 Wis. 2;-.3, 51 N. W. 495, 47 L. R. A. 417; nmiim v. I-Intchins, 95 U. S. 213. 24 L. Ed. 400; Railings v. Cute. 1 llelsli. (Tenn) 97; Joan- iiin v. Ogllyie. 49 Minn. 5t‘»i. 52 W. 217. 16 L. R. A. 376. 32 Am St. Rep. 551; Burnes v -Burnes (C. C.) 1.52 Fed. 403.

Dlll'eSS consists in any illegal imprisonment, or legal imprisonment used for uii ille- gal purpose, or threats of bodily or other harm, or other means amounting: to or tending to coerce the will of another, and actnally induc-ng him to do an act continry to his free will. Guile Ga 1.532. s 2 .37. ‘

By diir is, in its more extended scnse. is meant that rlcgiee of severity, eitllcr llJI"(-'lli.'Yi(‘d or impending or actiiaily inflicted, which is sufiicicni to ovcrcmiie the mind and will of a person of ordinary lii-mucss. liiiress per minus is restricted to fear of loss of life, or of may- hem, or luss of limb, or other rcmedilcsi harm

DUTY

to the person. Fellows v. School Dist., 39 Me. 559.

-—I)uress of imprisonment. The wrongful imprisonment of a person, or the illegal restraint of his liberty, in order to compel lilm to do some act. 1 Bl. Comm. 1.30, 131. 13:1, 137; 1 Staph. Comm. 137; Kent, Cumin. 453.- Diu-ess per minus. Duress by tiireiils. 'l'lie use of threats and menaces to ('l')i2ll[“'l a person, by the fear of death, or grievous bodily hmm. as mayhem or loss of limb. to do some lil“ iiil act, or to commit 8. misdemeanor 1 l. Conmi.

130: 4 Bl. Comm. 310; 4 Sleph. Comm. 83. Sec METUS. DURESSOR. One who subjects another

to duress: one who compels another to do a thing, as by menace. Bac. Max. 90, re.‘-.'. 21

DURHAM. A county paiatine in England, the jurisdiction of which was vested in the Bishop of Durham until the statute 6 5: 7 Wm. IV. c. 19. vested it as a separate franchise and royalty in the crown. The ju- risdiction of the Durham court of pleas iias transferred to the supreme court of Judicature by t.iie Judicature hot or 1573.

DURSLJ-JY. In old English law. Blows without wounding or bloodshed; dry blows. Blount.

DUSTUCK. A term used in ilindostiin for a passport, permit, or order from ilie English East Indian Company. It gener- ally meant a permit under their Seal exempting goods from the payment of duties. Euc. Lend.

DUTCH AUCTION. See AUCTION.

DUTIES. In its most iisnai sl_:nifi(--itlnii

this word is the synonym oi! imposts or customs; but it is sometimes used in a bra: er sense, as including all manner of tnxcs, charges, or governmental impositioiis. Poi- Ioci; v. Farmers‘ L, at '1‘. Co.. - U. S. (ill), 15 Sup. Ct. 912, 39 L. Ed. 1105; Alexniiiler v. Railroad Co., 3 Strnb. (S. C.) 595: iiiril Ins. Co. v. Soule, 7 Wall. 433. 19 L Ed Cooley I7. Board of Wardens. 12 How. 13 L. Ed. 996; Blake v. Baker, 115 Mass. ISS. —Dnties of detx-notion. Taxes levied upon the reiiioinl from one stite to another o’ p"'Ip- eit_i :il’ulLll'Ld by S\liw ision or tesiau u lry disposition. 1'-‘rerlericlison v. Louisiana. I llfl\\. 4-15, 16 L. Ell. 577; ln re Strolii-l’s Estate. 5 App. Div. 621. so i\". 1‘. supp. 1li"L—Dnties on imports. This term siguiiies not Dll‘l'elj' a duty on ihe act of importation, but a duly an the thing imported. It is not conlini-d to 1 duty lei-ind while the article is entrriig llic coiintry, but extends to a duty ieiicil '1 it has sntcred the country. Brown v. Mary and, 12 Wheat. 437, 6 L. Ed. 675.

DUTY. In its use in jurisprudence, this Word is the correlative of ri'_i7lit. Thus, wherever iliere exists a right in any person,

there also rests a corresponding duty upon