due

It is sometimes used to express the mere state of indebtment, and then is an equivalent to owed, or owing. And it is sometimes used to express the fact that the debt has become payable.

Just and proper. A due presentment and demand of payment must be made. See 4 Rawle (Pa.) 307; 3 Leigh (Va.) 389; 3 Cranch (U. S.) 300. What ought to be paid; what may be demanded; payable. 7 N. Y. 476. It differs from "owing" in this, that sometimes what is owing is not due. A note payable thirty days after date is owing immediately after it is delivered to the payee, but it is not due until the thirty days have elapsed; but it has been held synonymous with "owing." 31 Mich. 219. It may mean either "owing" or "payable," according to the context. 2 Ch. Div. 101.

Just and proper, as due care, due rights. Ryerson v. Boorman, 8 N. J. Eq. 701; Jones v. Inhabitants of Andover, 10 Allen. Due presentment and demand of payment must be made. See Bank of Pennsylvania v. McCalmont, 4 Rawle (Pa.) 307; Collins's Adm'x v. Janey, 3 Leigh (Va.) 389; Simms v. Slacum, 3 Cra. (U. S.) 300, 2 L. Ed. 446. What ought to be paid; what may be demanded. It differs from owing in this, that sometimes what is owing is not due: a note payable thirty days after date is owing immediately after it is delivered to the payee, but it is not due until the thirty days have elapsed. But see Allen v. Patterson, 7 N. Y. 476, 57 Am. Dec. 542; Scudder v. Scudder, 10 N. J. L. 340; U. S. v. Bank of North Carolina, 6 Pet. (U. S.) 36, 8 L. Ed. 308. The word "due," unlike "arrears," has more than one signification, and expresses two distinct ideas. At times it signifies a simple indebtedness without reference to the time of payment; at others it shows that the day of payment has passed; Wiggin v. Knights of Pythias, 31 Fed. 125; Scudder v. Scudder, 10 N. J. L. 345.

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 perform to another; that which law or justice requires to be paid or done.
3. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he is the party owing it, or primarily bound to pay, whether the time for payment has or has not arrived.
4. Payable. A bill or note is commonly said to be due when the time for payment of it has arrived. The word "due" always imports a fixed and settled obligation or liability, but with reference to the time for its payment there is considerable ambiguity in the use of the term, as will appear from the foregoing definitions, the precise signification being determined in each case from the context It may mean that the debt or claim in question is now (presently or immediately) matured and enforceable, or that it matured at some time in the past and yet remains unsatisfied, or that it is fixed and certain but the day appointed for its payment has not yet arrived. But commonly, and in the absence of any qualifying expressions, the word "due" is restricted to the first of these meanings, the second being expressed by the term "overdue," and the third by the word "payable." See Feeser v. Feeser, 93 Md. 716, 50 Atl. 406; Ames v. Ames, 128 Mass. 277; Van Hook v. Walton, 28 Tex. 75; Leggett v. Bank, 24 N. Y. 286; Scudder v. Scudder. 10 N. J. Law, 345; Barnes v. Arnold, 45 App. Div. 314, 6l N. Y. Supp. 85; Yocum v. Alien, 58 Ohio St. 280, 50 N. E. 909; Gies v. Becht-ner, 12 Minn. 284 (Gil 183); Marstiller v. Ward, 52 W. Va. 74, 43 S. E. 178.

— Due care. Just, proper, and sufficient care, so far as the circumstances demand it; the absence of negligence. This term, as usually understood in cases where the gist of the action is the defendant's negligence, implies not only that a party has not been negligent or careless, but that he has been guilty of no violation of law in relation to the subj'ect-matter or transaction which constitutes the cause of action. Evidence that a party is guilty of a violation of law supports the issue of a want of proper care ; nor can it be doubted that in these and similar actions the averment in the declaration of the use of due care and the denial of it in the answer, properly and distinctly put in issue the legality of the conduct of the party as contributing to the accident or injury which forms the groundwork of the action , No specific averment of the particular unlawful act which caused or contributed to produce the result complained of should, in such cases, be deemed necessary. See Ryan v. Bristol, 63 Conn. 26, 27 Atl. 309 ; Paden v. Van Blarcom, 100 Mo. App 185, 74 S. W. 124; Joyner v. Railway Co.., 26 S. C. 49, 1 S. E. 52; Nicholas v. Peck, 21 R. I. 404, 43 Atl 1038; Railroad Co. v. Yorty, 158 III. 321, 42 N. E 64Schmidt v. Sinnott, 103 111. 165; Butterfield v. Western R. Corp., 10 Allen (Mass.) 532, 87 Am. Dec. 678; Jones v. Andover, 10 Allen (Mass.) 20

— Due course of law. This phrase is synonymous with "due process of law," or "the law of the land," and the general definition thereof is "law in its regular course of administration through couris of justice;" and, while not always necessarily confined to jfudicial proceedings, yet these words have such a signification, when used to designate the kind of an eviction, or ouster, from real estate by which a party is dispossessed, as to preclude thereunder proof of a constructive eviction resulting from the purchase of a paramount title when hostilely asserted by the party holding it. See Adler v. Whitbeck, 44 Ohio St. 569, 9 N. E 672; In re Dorsey, 7 Port. (Ala.) 404; 'Backus v. Shipherd, li Wend. (N. Y.) 635; Dwight v. Williams, 8 Fed. Cas. 187

— Due notice. No fixed rule can be established as to what shall constitute "due notice." "Due" is a relative term, and must be applied to each case in the exercise bf the discretion of the court in view of the particular circumstances. Lawrence v. Bowman, 1 McAll. 420, 15 Fed. Cas. 21; Slattery v. Doyle, 180 Mass. 27, 61 N. E. 264; Wilde v. Wilde, 2 Nev. 306.

— Due process of law. Law in its regular course of administration through couris of justice. 3 Story, Const. 264, 661. "Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs." Cooley, Co.nst. Lim. 441. Whatever difficulty may be experienced in giving to those terms a definition which will embrace every permissible exertion of power affecting private rights, apd exclude such as is forbidden, there can be 'ho doubt of their meaning when applied to judicial proceedings. They then mean a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must be a tribunal competent by its constitution—that is, by the law of its creation—to pass upon the subject-matter of the suit; and, if that involves merely a determination of the personal liability of the defendant, he must be brought within its jurisdiction by service of process within the state, or his voluntary appearance. Pennoyer v. Neff, 95 U. S. 733. 24 L. Ed. 565. Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense ; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law. Zeigler v. Railroad Co., 58 Ala. 599. These phrases in the constitution do not mean the general body of the law, common and statute, as it was at the time the constitution took effect; for that would seem to deny the right of the legislature to amend or repeal the law. They refer to certain fundamental rights, which that system of jurisprudence, of which ours is a derivative, has always recognized. Brown v. Levee Com'rs, 50 Miss. 468 "Due process of law," as used in the constitution, cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for ascertaining guilt, or determining the title to property. Embury v. Conner, 3 N. Y. 511, 517, 53 Am. Dec. 325; Taylor v. Porter, 4 Hill (N. Y.) 140, 40 Am. Dec. 274; Burch v. Newbury, i0 N. Y. 374, 397. And see, generally. Davidson v. New Orleans, 96 U. S. 104, 24 L. Ed. 616; Adler v. Whitbeck,' 44 Ohio St. 539; Duncan v Missouri. 152 U. S. 377, 14 Sup. Ch 571, 38 L. Ed 485; Cantini v. Tillman (C. Ct) 54 Fed. 975: Griffin v. Mixon, 38 Miss. 458; East Kingston v. Towle. 48 N. H. 57, 97 Am. Dec. 575, 2 Am Rep. 174; Hallenbeck v. Hahn, 2 Neb. 377; Stuart v. Palmer, 74 N. Y. 191, 30 Am. Rep. 289; Bailey v. People, 190 111. 28, 60 N. E 98, 54 L. R. A. 838, 83 Am. St. Rep. 116; Eames v. Savage, 77 Me. 221. 52 Am. Rep. 751; Brown v. New Jersey, 175 In S. 172, 20 Sup. Ct 77, 44 L. Ed. 119; Hagar v. Reclamation Dist., Ill U. S. 701, 4 Sup. Ct. 663, 28 L. Ed. 569; Wynehamer v. People, 13 N. Y. 395 ; State v. Beawick, 13 R. I. 211, 43 Am. Rep. 26; In re Rosser, 101 Fed. 567, 41 C. C. A. 497.

That which one owes; that which one ought to pay, or do to or for another; payable; owed or owing, as distinguished from payable, formal or regular. Due care: where the gist of the action is negligence, imports no carelessness and no violation of law in relation to the subject-matter of the action. Due diligence: the diligence required in the particular case. Due process of law: law, in its regular course of administration through the courts. Due-bill: a brief written acknowledgment of a debt

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 perform to another; that which law or justice requires to be paid or done. 3. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he is the party owing it, or primarily bound to pay, whether the time for payment has or has not arrived. 4, Payable. A bill or note is commonly said to be due when the time for payment of it has arrived. 6 Pet. 29, 36.

[Lat. debitum, from debere, to owe.] That which one owes; that which one ought to pay, or do to, or for another.* Owed, or owing, as distinguished from ayable. A debt is often said to be due from a person, where he is the party owing it, or primarily bound to pay, whether the time for payment has, or has not arrived. Story, J., 6 Peters' Rep. 29, 36. Wharton's Lex. See Debitum. Payable. A bill or note is commonly said to be due when the time for payment of it has arrived. Story, J., vh. sup,