A Dictionary of Law

During absence. In some jurisdictions, administration of a decedent's estate is said to be granted derante absentia in eases where the absence of the proper proponents of the will,

Doubting. Dobbin, J., dubitans. 1 Show. 364.

Doubting. Is affixed to the name of a judge, in the reports, to signify that he doubted the decision rendered.

It is doubted. A word frequently used in the reports to indicate that a point ig considered doubtful.

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

A fvreign coin, varying in value in different countries, but usually worth about $2.26 of our money.

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

A dozen hands, (. é., twelve witnesses to purge a criminal of an offense. Duerum in solidum domininm vel possessio esse non potest. Ownership or possession in entirety cannot be in

(Lat. Bring with you.) The name of certain species of writs, of which the subpena duces tecum is the most. usual, requiring a party who is summoned to appear in court to bring with

Those lands which formerly belonged to the dukes of Lancaster, and now belong to the crown in right of theduchy. The duchy is distinct from the county palatine of Lancaster, and in

See CastTIga Tory.

In French law. Guaranty; equivalent to del credere, (which see.)

1. Just; proper; regular; lawful; sufficient; as in the phrases “due care,” “due process of law,” “due notice.” 2. Owing; payable; justly owed. That which one contracts to pay or p

A brief written acknowl-

The name of a rack in the Tower, se called after a minister of Henry VI., who sought to introduce it into England.

A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel. Pen. Code Cal. § 225.

The trial by battel or judicial combat. See Barrer.

Lawin its regular course of adininistration through courts of justice. 3 Story, Const, 264, 661. “Due process of law in each particalar case means such an exercise of the powers of

Certain payments; rates or taxes.

In English law. Small sums of money paid to the parochial clergy by the parishioners at Easter as a compensation for persenal tithes, or the tithe for personal laber; recoverable u

in English law, is a title of nobility, ranking immediutely next to the Prince of Wales. Itis only a title of dignity. Conferring it dves not give any domain, territory, or jurisdi

A government where servants and slaves have so much license and privilege that they domineer. Wharton, Regularly; upon a proper foundation, as distinguished from mere form.

Tohearand determine, St. Westm. 2, cc. 29, 30.

For gain or loss. Emphatic words in the old warrants of attorney, Reg. Orig. 21, et seq. Sometimes expressed in English, “to lose and gain.” Plowd. 201. ’

Lat, While; as long as; until; upon condition that; provided that.

In practice. <A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the day and cause of his caption a

One whocannot speak; a person who is mute.

In sales at auction, when the minimum amount which the ownder a candlestick, or other thing, and it is agreed that no bidding shall avail unless equal to that, this is called “dumb

While he shall conduct himself well; during good behavior. Expressive of a tenure of office not dependent upon the pleasure of the appointing power, nor for a limited period, but t

While the work glows; in the heat of action. 1 Kent, Comm, 120.

(While he was within age.) 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 had aliened in fe

In English law. A writ which lay for a man who had aliened lands under duress by imprisonment, to restore to him his proper estates, 2 Inst. 482. Abolished by St.3 & 4 Wm. TCs ay.

Provided; provided that. A word of limitation in the Latin forms of conveyances, of frequent use in introducing a reservation; as in reserving a rent.

The name of a writ which the heirs of a person who was 707% compos mentis, and who aliened his lands, might have sued out to restore him to his rights. Abolished by 3&4 Wm. IY. ¢.

While sole, orsingls. Dum sola fuerit, while she shall remain sole. Dum sola et casta vixverit, while she lives single and chaste. Words of limitation in old conveyances. Co. Litt.

A mountain or high open place, The names of places ending in dun or don were either built on hills or near them in open places.

Inoldrecords. A bank of earth cast up; the side of aditeh. Cowell.

Such an under-ground prison or cell as was formerly placed in the strongest part of a fortress; a dark or subterraneous prison.

A double; a kind of base coin less than a farthing.

Pieces of wood placed against the sides and bottom of the hold of a vessel, to preserve the cargo from the effect of leakage, according to its nature and quality. Abb. Shipp. 227,

The trial by twelve men, or byjury. Applied to juries de medietale lingue, Mol. de Jure Mar. 448.

Twelve hands. The oaths of twelve men, including

In old records. A. jury of twelve men. Cowell.

In the civil law. Double the price of athing. Dig. 21, 2, 2.

Double complaint. An ecclesiastical proceeding, which is in the nature of an appeal from an ordinary’s refusal to institute, to his next immediate superior; as from a bishop to the

When two written documents are substantially alike, so that each might be a copy or transcript from the other, while both stamd on the same footing as original instruinents, they a

<A term used in Engiand, where a testator executes two copies of his will, one to keep himself, and the other to be deposited with another person. Upon application for probate of a

In the civil law. The defendant's answer to the plaintiff's replicatien; corresponding to the rejoinder of the common law. Duplicationem possibilitatis lex non patitur. The law doe

Double right. Bract. fol. 25835. See Drorr-Drort. “F1

The technical fault, in pleading, of uniting two or more causes of action in one count in a writ, or two or more grounds of defense in one plea, or two or more breaclies in a repli

n. (From Lat. duplicatio, q.v.) In Scotch pleading. The defendant’s anawer to the plaintiff's replication.

v. In Scotch pleading. To rejoin. “Itis dupiyed by the panel.” 3 State Trials, 471.

Lat. During. A word of limitation in old conveyances, Co, Litt. 2344, Durante viduttaie, during widowhood. Durante virginitate, during virginity. Durante vita, during lite.

During good pleasure. The ancient tenure of English judges was durante bene piacite. 1 Bl, Comm. 267, 342.

During minority, 2 Bi. Comm. 503; 5 Coke, 29, M 00. Words taken from the old form of let-

During widowhood, 2 Bl. Comm. 124. Durante caste. riduitate, during chaste widowhood. 10 East, 520.

In India. A court, audience, or levee. Mozley & Whitley.

2. To subject to duress, A word used by Lord Bacon. “If the party duressed do make any motion,” ete. Bac. Max. 89, rep. 22.

2. Unlawful constraint exereised upon a man whereby he is foreed to do some act against his will, Jt may he eilher “duress of imprisonment,” where the persun is deprived of his lib

The wrongful imprisonment of a person, or the illegal restraint of his liberty, in order to compel him to do seme act. J BI. Comm. 130, 131, 186, 1387; 1 Steph. Comm. 137; 2 Kent,

One who subjects another to duress; one who compels another to doa thing, as by menace. Lac. Max. 90, reg. 22.

Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to dao some lawful act, or to commit

A county palatine in Eng- & 7 Wim. IV. c. 19, vested it as a separate franchise aud royalty inthe erown. The jurisdiction of the Durham court of pleas was transferred to the suprem

Inold Englishlaw. Blows Without wounding or bloodshed; dry blows. Blount,

A term used in Hindostan for a passport, perinit, or order from the English East Indian Company. It generally meant a permit under their seal, exempting goods from the payment of d

A method of sale by auction which consists in the public offer of the property at a price beyond its value, and then gradualiy lowering the price until some one becomes the purchas

In its most usual sicnification this word is the synonym of imposis or cugtoms; buf it is sometimes used in a broader sense, aS including all manner of taxes, charges, or governmen

Inits use in jurisprudence, this word is the correlative of right. Thus, wherever there exists a right in any person, there also rests a corresponding duty upon some uther person o

(From duo, two, and viri, men.) A general appellation among the ancient Romans, given to any magistrates elected in pairs to fill any office, or perform any function. Brande. Duumv

In Roman law. A leader or military commander. The commander of an army. Dig. 3, 2, 2, pr. In feudal and old Huropean law. Duke; a title of honor, or order of nobility. 1 Bl. Comm.

To have an abode; to inhabit; to live in a place.

The house in which a man lives with his family; a residence; the apartment or building, or group of buildings, occupied by a family as a place of residence. In conveyancing. Includ

This term is not synonymous with a “place of pauper settlement.” 49 N. H. 553. Dwelling-place, or home, means some permanent abode or residence, with intention to remain; and ig no

Statements made by a person whe is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in whieh he received the injuries of whi

At common 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 change

or DYKE-REEVE. An otlicer who has the care and oversight of the dykes and drains in fenny counties.

Bad legislation; the enactment of bad laws.

A state of the stomach in whieh ifs functions aro disturbed, without the presenee of other diseases, or when, if other diseases are present, they are of minor importance. Dungl. Me

In Scotehlaw. <A bankrupt,

A gold coin of the United vitio caret. Thatinterpretation is to be re- States of the value of ten dollars, ceived [or adopted] which is free from fault [or wrong.} The law will not

Inthecivyillaw. A ealendar; a book of accounts, memorandumbook, or debt-book; a book in which accounts were kept of moneys loaned out on interest. Dig. 32, 64, So called because th

The dignity or jurisdiction of anearl. The dignity only remains now, as the jurisdiction has been given over to the sheriff. 1 Bl. Comm. 339.

Money given in part payment. See EAx Nesr.

The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding the contract. 108 Mass, 54. A token or pledge passing between th

This term is used to denote a larger class of credits than would be ineluded in theterm “wages.” 102 Mass. 235; services or labor without the aid of capital. 20 Wis. 380. See, also

Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. 75 N.. Y. 76,

In the taw of evidence, One who attests or can attest anything as heard by himseif.

A feast of the Christian church held in memory of our Saviour’s resurrection. The Greeks and Juatins eall it “nascha,” (passover,) to which Jewish feast our Easter answers. This fe

A coin.strnck by Richard IL. which is supposed to have given rise to the name of “sterling,” as applied to Engiish money.

This word, when used alone, will be construed to mean “due east.” But that is a rule of necessity growing out of the indetfiniteness of the term, and has no application where other

In English law. One of the four terms of the courls. It is now a fixed term, beginning on the 15th of April and ending on the Sth of May in every year. though sometimes prolonged s

The name of a royal manor in the county of Kent, England; mentioned in royal grants or patents, as descriptive of the tenure of-free socage. prosecuting the trade between England a

An easterly coast or country. defendant, that he may go thence without a day, i. é., be dismissed without any further continuance or adjournment,

The edge of a roof, builf so as to project over the walls of a house, in order that the rain may drop therefrom to the ground instead of running down the wall.

In English criminal law. The offense of listening under wills or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tal

Inold Englishlaw. Ebb. Hbba et fluctus; ebb and flow of tide; ebb and flood. Bract. fols. 255, 338. The time occupied by one ebb and flood was anciently granted to persons essoined

An expression used formerly in this country to denote the limits of admiralty jurisdiction. See3 Mason, 127; 2 Story, 176; 2 Gall. 598; 4 Wall. 562; 8 Wall. 15.

See ABEREMURDER. Beee modo mirum, quod foomina fert breve regis, non nominando virum, conjunctum robore legis. Co. Litt. 1325. Behold, indeed, a wonder! thata woman hag the king’s

Ascout, huntsman, or chaser.

Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman.