dunnage

Dunnage is placed under the cargo to keep it from being wetted by water getting into the hold, or between the different parcels to keep them from bruising and injuring each other.

Pieces of wood or other material 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.

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. Abdunnage and ballast. The latter is used for trimming the ship and bringing it down to a draft of water proper and safe for sailing. Dunnage is placed under the cargo to keep it from being wetted by water getting into the hold, or between the different parcels to keep them from bruising and injuring each other; Great Western Ins. Co. v. Thwing, 13 Wall. (U. S.) 674, 20 L. Ed. 607. DUODECIMA MAN US (Lat). Twelve hands. The oaths of twelve men, including himself, by whom the defendant was allowed to make his law. 3 Bla. Com. 343. DUPLEX QUERELA (Lat). A complaint in the nature of an appeal from the ordinary to his next immediate superior for delaying or refusing to do justice in some ecclesiastical cause. 3 Bla. Com. 247. DUPLEX VALOR MARITAGII (Lat. double the value of a marriage). Guardians in chivalry had the privilege of proposing a marriage for their infant wards, provided it were done without disparagement, and if the wards married without the guardian's consent they were liable to forfeit double the value of marriage. Co. Litt 82 o; 2 Sharsw. Bla. Com. 70. DUPLICATE (Lat. duplex, double). The double of anything. A document which is essentially the same as some other instrument 7 Mann. & G. 93; Benton v. Martin, 40 N. Y. 345, A duplicate writing has but one effect. Each duplicate is complete evidence of the intention of the parties. When a duplicate is destroyed, for example, in the case of a will, it is presumed both are intended to be destroyed; but this presumption possesses greater or less force, owing to circumstances. When only one of the duplicates is in the possession of the testator, the destruction of that is a strong presumption of any intent to revoke both; but if he possessed both, and destroys but one, it is weaker; when he alters one, and afterwards destroys it, retaining the other entire, it has been held that the intention was to revoke both; 1 P. Wms. 346; 13 Ves. 310. But that seems to be doubted; 3 Hagg. Eccl. 548. See Com. v. Beamish, 81 Pa. 3S9; 49 E. C. L. 94; 103 id. 29; Nelson v. Blakey, 54 Ind. 29. As to the execution of a number of deeds, all to constitute one deed, see Deed. In English Law. The certificate of discharge given to an insolvent debtor who takes the benefit of the act for the relief of insolvent debtors. DUPLICATIO (Lat. a doubling). The defendant's second answer; that is, the answer to the plaintiff's replication. DUPLICATUM JUS (Lat a twofold or double right). Words which signify the same other writs of right as are of the same nature, and do as it were flow from it as the writ of right Booth, Real Act 87. DUPLICITY (Lat. duplex, twofold; double). The union of more than one cause of action in one count in a writ, or more than one defence in one plea, or more than a single breach in a replication. Jaei. Rundlet, l W. & M. 381, Fed. <'as. No. T.i 15. The union of several farts constituting together but one cause of action, or one defence, or one breach, do< Citato duplicity; Torrey v. Field, 10 Vt 353; Harker v. Brink, 24 N. J. 1,.:;:;:;; Holland v. Kibbe, 1G ill. 133; Bed ley v. Moore, i Mc Cord (S. 0.) 464; State v. Bank,:::; Ml ss.:ti; Gulf, C. & S. F. Ry. Co. v. Buford, 2 Tex. Civ. App. 115, 21 S. W. 272; State v. Chri 101 N. C. 749, S S. E. 361; Merriman v. Mach. Co., 86 Wis. ml',:a; n. w. 743; state v. Warren, 77 Md. 121, 26 A 1 1. 500,:10 Am. St. Rep. 401; TracyV Com., 87 Ky. 578, 9 S. W. 822. Though the joinder of two or more distinct offences in one count of an indictment is faulty, yet where the acts imputed are component parts of the same offence the pleading is not objectionable for duplicity; Farrell v. State. 54 X. J. L. 410, 24 Atl. 723; nor is it where one of the two offences charged is insulliciently set out; State v. Henn, 39 Minn. 47b\ 40 N. W. 572. It must be of causes on which the party relies, and not merely matter introduced in explanation; Dunning v. Owen, 14 Mass. 157. In trespass it is not duplicity to plead to part and justify or confess as to the residue; Parker v. Parker, 17 Pick. (Mass.i 236. If only one defence be valid, the objection of duplicity is not sustained; Porter v. Brackenridge, 2 Blackf. (Ind.) 385. It may exist in any part of the pleadings; the declaration; Morse v. Eaton, 23 N. 11. 415; Jarman v. Windsor, 2 Ilarr. (Del.) 102; pleas; Welch v. Jamison, 1 How. (Miss.) 1G0; replication; Benner v. Elliott, 5 Blackf. (Ind.) 451; Calhoun v. Wright,;5 Scam. (111.) 74; Bennett v. Martin, G Mo. 4G0; or subsequent pleadings; Tebbets v. Tilton, 24 X. II. L20; Dnited states v. Gurney, 1 Wash. C. C. 440, Fed. Cas. No. 1.VJ71; and was at common law a fatal defect; Robinson v. Rice, 2d Mo. 229; to be reached on demurrer only; Cunningham v. Smith, 10 Gratt (Va.) 255, GO Am. Dec. 333; King v. Howard, l Cush. (Mass.) 137; Gardiner v. Miles.:, Gill (Md.);)i; Benner v. Elliott, 5 Blackf. (ind.) 451; People v. Clement. 4 Cal. I'nrep. 493, 35 Pac. 1022. The rules against duplicity did not extend to dilatory pleas so as to prevent the use of the various classes in their proper older; Co. Litt.''.01a; Steph. PI. App. n. 56. Owing to the statutory changes in the i rations; Bl.- D, 18: King v. Howard, 1 ' 137; Bryan v. Buford, 7 J. J. Marsh. (Ky.) 335; or replica! in »r \. I 8 Ind. 96; though In only in the n of the euurt, for the furtherance of jut I. it is too late after verdict b to duplicity in an Information for a v. Armsti • w. 604, 13 L. R. a. 419, 27 Am. St B

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, There is considerable resemblance between dunnage and ballast. The latter is used tor trimming the ship, and bringing it down to a draft of water proper and safe for sailing. Dunnage is placed under the cargo to keep itfrom being wetted by water getting into the bold, or between the different parcels to keep them from bruising and injuring each other. 13 Wall. 674.

mer. law, 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. 2 Magens, 101, art. 125, 126; Abbott on Shipp. 227.