Page:Black's Law Dictionary (Second Edition).djvu/413

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DUTY

some other person or upon all persons gener- ally. But it is also used, in a wider sense, to designate iliat class of moral obligations which lie outside the jural sphere; such, namely, as rest upon an imperative ethical basis, but have not been recognized by the law as within its proper prmlnce for purposes of enforcement or redress. Thus, gratitude towards a benefactor is a duty, but its refusal will not ground on action. in this menning “duty" is the equivalent of "moral ohl1;:zltion," as dlstingtlished from a "legal obligation." See Kentucky \. Denni- son. 2-1 How. 107, 16 L. Ed. 717; Harrison v. Bush, 5 El. & B1. 349.

As a technical term of the law. “dutv” signifies a thing due; that which is due from a person; that which a person owes to an- other. An ohllgation to do L1 thing. A word of more extensive signification than “dei1t." although hoth are expressed by the same Latin word “dcbt'tmn." Beach v. Boyuton. 26 Vt. 725, 733.

But in practice it is commonly reserved as the designation of those olrligntions of performance, care, or ohservance which rest upon a person in an oiiicial or fiduciary capac- ity: as the duty of an executor, trustee, manager, etc.

It also denotes a tax or impost due to the

government upon the importation or exportation of goods. —Legn1 duty. An obligation arising from contract of the parties or the operation of the law. Riddeli v. Ventilating Co., 27 Mont. 44, 69 Pac. M1. That which the law requires to be done or forhorue to a determinate person or the public at large. correlative to a vested and coextensive right in such person or the puhiiv, and the breach of which constitutes negligence. Heaven v. Fender. 11 Q. B. Div. 506: Smith v. Clarke Hardware C0.. 100 Ga. 16 28 S. E. 73, 39 L. R. A, 607; Railroad Co. v. Balientine, 84 Fed. 935, 28 C. C. A. 572.

DUUMWRI. (From duo. two, and oiri, men.) A general appellation among the acnient Romans. given to any magistrates elected in pairs to flll any oiifice, or perform any function. Brande.

Dmtmvl/ri municipalca were two annual magistrates in the towns and colonies, having iudiclal powers. Calvin. -

Duum-sin‘ nannies were officers appointed to man, equip, and rent the navy. Id.

DUX. In Roman law. A leader 0!’ military commander. The commander of an army. Dig. 3, 2, 2. pr

Infendai nnd old European law. Duke: a title of honor, or order of nobility. 1 Bl. Comm. 307: Crahb, Eng. Law, 236.

In later law. A military governor of a. province. See Cod. 1. 27, 2. A military officer having charge of Ilie borders or troutiers of the empire. called “duo limiiis." Cod. 1. 49, 1, pr. At this period, the word began to be used as a title of honor or dignity.

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DYSNOMY

D. W. I. In genealogical tables, a com- mon ahhreviation for “died without issue."

DWELL. To have an ahode; to inhahit; to live in a place. Gardener v. Wagner, 9 Fed. Cas. 1.154, Ex parte Blnmer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 502: Eatontown v. Shrewshury, 49 N. J. Law, 188, 6 At]. 319.

DWELLING-HOUSE. The house in which a man lives with his family: a resi- dence: the apartment or hullding, or group of buildings, occupied by a family as a place of residence.

In conveyancing. Includes all buildings attached to or connected with the house. 2 Hil. Real Prop 338, and note.

In the law of bu1'gla..ry. A house in which the occupier and his family usually reside, or, in other words, dwell and lie in. W'hart. Crim. Law, 357.

DWELLING-PLACE. This term is not synonymous with a "place of pauper settlement.” Llsbon v. Lyman. 49 N. H. 553.

Dwelling-place, or home, means some permanent abode or residence, with intention to remain; nnd is not synonymous with “domicfle." as used in international law, but has a more limited and restricted meaning. Jet- ferson v. Washington. 19 Me. 293.

DYING DECLARATION. BATION.

Sen DECLA-

DYING WITHOUT ISSUE. At com- mon law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been changed in some of the states, by statute or decisions, and in England by St. 7 Wm. IV., and 1 Vict. c. 26, § 29.

The words "die without issue." and "die without leaving issue." in a devise of real estate, im— port an indefinite failure of issue, and not the failure of issue at the death of the first taker. And no distinction is to ‘be made between the words "without issue" and “witiwnt leaving issue." “Wilson v. Vi'ilson, 32 Barb. (N. Y.) 328: ]\Il'Graw v. Davenport, 6 Port. (Aim) 319.

In (‘onm-cticnt. it has been repeatedly bsld that the expression "dying without issue." and like expressions. have reference to the tune of the dcath of the parry, and not to an indefinite failure of issue. Phelps v. Phelps, 55 Conn. 359. 11 Atl. 593.

Dying without children imports unt a faillire of issue at any indefinite future period, but a leaving no children at the dc-nth of [he leg.1tee. Condict v. King. 13 N. 1. E11. 375.

DYKE-REED, or DYKE-IIEI-IVE. An officer who has the care and oversight of the d1/has and drains in i'enn.v counties.

DYSNOMY. Bad legislation; the enact- ment of bad laws.

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