duty

the duty under the Acts is not based on the negligence of the carrier but is an absolute one requiring performance 'on the occasion in question

A human action which is exactly conformable to the laws which require us to obey them. That which is right or due from one to another. A moral obligation or responsibility. It differs from a legal obligation, because a duty cannot always be enforced by the law: it is our duty, for example, to be temperate in eating, but we are under no legal obligation to be so; we ought to love our neighbors, but no law obliges us to love them. DWELLING;- HOUSE. A building inhabited by man. A house usually occupied by ings in which a man with his family resides. 2 Bish. Cr. Law § 104. The importance of an exact signification for this word is often felt in criminal cases; and yet It is very difficult to frame an exact definition which will apply to all cases. It is said to be equivalent to mansion-house; Com. v. Pennock, 3 S. & R. (Pa.) 199; State v. Sutcliffe, 4 Strobh. (S. C.) 372; 7 Mann. & G. 122. See 14 M. & W. 181; 4 C. B. 105; Com. v. Posey, 4 Call (Va.) 109, 2 Am. Dec. 560. Judge Cooley, in Stearns v. Vincent, 50 Mich. 219, 15 N. W. 86, 45 Am. Rep. 37, says that in the law of burglary the dwellinghouse is deemed to include whatever is within the curtilage, even though not inclosed with the dwelling, if used with it for domestic purposes; People v. Taylor, 2 Mich. 250; Pitcher v. People, 16 Mich. 142. It must be a permanent structure; 1 Hale, PI. Cr. 557; 1 Russ. Cr. 798; must be inhabited at the time; 2 Leach 1018, n.; State v. Warren, 33 Me. 30; Ex parte Vincent, 26 Ala. 145, 62 Am. Dec. 714; Com. v. Barney, 10 Cush. (Mass.) 479; People v. Cotteral, 18 Johns. (N. T.) 115; Com. v. Posey, 4 Call (Va.) 109, 2 Am. Dec. 560; Scott v. State, 62 Miss. 782. It is sufficient if a part of the structure only be used for an abode; Russ. & R. 185; Stedman v. Crane, 11 Mete. (Mass.) 295; Cole v. State, 9 Tex. 42; 2 B. & P. 508; Dale v. State, 27 Ala. 31. How far a building may be separate is a difficult question; Com. v. Estabrook, 10 Pick. (Mass.) 293; State v. Langford, 12 N. C. 253; Armour v. State, 3 Humphr. (Tenn.) 379; State v. Ginns, 1 N. & McC. (S. C.) 583; Com. v. Sanders, 5 Leigh (Va.) 751; People v. Dupree, 98 Mich. 26, 56 N. W. 1046; Bruce v. Cloutman, 45 N. H. 37, 84 Am. Dec. Ill; Chase v. Ins. Co., 20 N. Y. 52; 18 Q. B. 783; 22 Ir. L. T. Rep. 30; State v. Clark, 89 Mo. 430, 1 S. W. 332; Davis v. State, 38 Ohio St. 506; State v. Mordecai, 68 N. C. 207. A suite of rooms in a college of the University of Cambridge is a dwelling-house; L. R. 4 C. P. 539. Six separate tenants occupied a house of ten rooms, each having exclusive possession of his part of the premises and the owner did not reside there. The outer and street door had no lock or bolt and was always kept open. The entry, stairway, and an ashpit and other conveniences were used in common. Two of the judges held that each of the six tenants occupied a "dwelling-house," and two held otherwise; L. R. 6 C. P. 327.

In Its 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 other person or upon all persons generally. But it is also used, in a wider sense, to designate that 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 province for purposes of enforcement or redress. Thus, gratitude towards a benefactor is a duty, but its refusal will not ground an action. In this meaning "duty" is the equivalent of "indral obligation." as distinguished from a "legal obligation." See Kentucky v. Dennison, 24 How. 107, 16 Lu Ed. 717; Harrison T. Bush, 5 El. & Bl. 349. As a technical term of the law, "duty" signifies a thing due; that which is due from a person; that which a person owes to another. An obligation to do a thing. A word of more extensive signification than "debt," although both are expressed by the same Latin word "debitum." Beach v. Boynton, 26 Vt 725, 733. But in practice it is commonly reserved as the designation of those obligations of performance, care, or observance which rest upon a person in an official or fiduciary capacity ; 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.

— Legal duty. An obligation arising from contract of the parties or the operation of the law. Riddell v. Ventilating Co., 27 Mont. 44, 69 Pac. 241. That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. Heaven v. Pender, 11 Q. B. Div. 506; Smith v. Clarke Hardware Co., 100 Ga. 163, 28 S. E. 73, 39 L. R. A. 607: Railroad Co. v. Ballentine, 84 Fed. 935, 28 C. C. A. 572.

A thing due; that which person owes to another; a portation or exportation of

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 or upon all persons generally. Butitis also used, in a wider sense, to designate that 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 province for purposes of enforcement or redress. Thus, gratitude towards a benefactor is a duty, but its refusal will not ground an action. In this meaning “duty” is the equivalent of “moral obligation,” as distinguished froma “legal obligation.” As a technical term of the law, “duty” signilies a thing due; that which is due from a person; that whicha person owes to another. An cbligalion to do a thing. <A word of more extensive signification than “debt,” although both are expressed by the same Latin word “debitum.” 20 Vt. 725, 733. But in practice it is commonly reserved ag the designation of those obligations of performance, care, or observance which rest upon a person in an official or fiduciary capacity; as the duiy of an executor, trustee, mangovernment upon the importation or exportation of gouds.

1. What one ought or ought not to do; legal obligation. See Due. " Duty " and " right " are correlative terms. Such rights as are due from the citizen are called "civil duties." All social duties are of a relative nature — due from one man to another. 2 When a right is invaded a duty is violated. A "public duty" is one owing to the community; a "private duty " is an obligation to be observed toward one or more individuals. In an action for non-fulfillment, it is essential to show: the duty, a breach thereof, and the resulting damage. When the law " casts a duty " upon one, he is answerable for any damage consequent upon non-performance. ^ Laws designed to enforce moral and social duties stand on the best and broadest basis. Though it is not every such duty the neglect of which is the ground of an action. For there are what are called in the civil law duties of ''imperfect obligation," for the enforcing of which no action lies.* See Assumpsit; Care; Charge; Demand; Knowledge, 1; Neoligenoe; Obligation, 1; Power, 1; Presumption; Right; Undertaking. 3. An indirect taji, imposed on the importation, exportation, or consumption of goods.^ A " custom " is a duty imposed upon imports or exports.® Duties. Things due and recoverable by law. The term, in its widest signification, is hardly less comprehensive than "taxes;" in its most restricted meaning, is applied to '■ customs," and in that sense is nearly the synonym of " imposts." 6 Whence dutiable, and non-dutiable. Ad valorem duty. A sum ascertained by a percentage on the value of the article — not necessarily the actual value. Specific duty. A fixed sum payable upon an article by name.' 1 Dunham v. Griswold, 100 N. Y. 226 (1885), cases; Fisher v. Bishop, 36 Hun, 114 (1885), cases. As a defense in civil actions, see 9 Va. Law J. 705-17 (1885), cases. 2 1 Bl. Com. 123. To whom due, 21 Cent. Law J. 382 (1885), cases. ' See Broom, Com. Law, 109, 661 c, 655, 670-80. * Pasley v. Freeman, 3 T. R. 63 (1789), Kenyon, C. J. ' Cooley; Taxation, 3. ' Tomlins, Law Diet.; Pacific Ins. Co. v. Soule, 7 Wall. 445 (1868); Hylton v. United States, 3 Dall. *175 (1796); 1 Story, Const. § 952. Laws regulating the payment of duties are tor practical application to commercial operations, and to be understood in a commercial sense. It is to be presumed that Congress intended them to be so understood.' The commercial will prevail over the ordinary meaning of words, where the intent is apparent." If an article is found not enumerated in the tariflE laws, the first inquiry is whether it bears a similitude in material, quality, texture, or the use to which it may be applied, to any article enumerated as chargeable with duty. If it does, and the similitude is Substantial, it is to be deemed the same. Though not sperafically enumerated, it is provided for under the article it most resembles. If nothing is found to which it bears the requisite similitude, a duty will be assessed at the highest rates chargeable on any of its component materials. Any other construction would leave the law open to evasion.^ See Cutlery. The common-law right of action to recover duties illegally collect^ is taken away by the statutory remedy. The time for commencing the action is within ninety days after an adverse decision by the secretary of the treasury on appeal, but if he fails to render a decision within ninet.y days the importer may begin suit at once, or await the decision and sue within ninety days thereafter.* i The plaintiff, within thirty days after notice of the appearance of the defendant, must serve a bill of the particulars of his demand, giving, among other items, the date of the appeal, and of the decision of the secretary. This requirement malces it unnecessary to state the same facts in the declaration.' No recovery can be had for duties paid after the importer has received the goods, although paid under protest." When a reliquidation of duties talres place its date is the final liquidation for the purpose of protest. A departmental regulation which has been acquiesced in for many years is not to be disregarded without the most urgent reasons.' See Appraise; Commerce; Customs; Drawback; Entry,!!, 8; Excise; Impost; Negligence; Nosoitur; Payment, Involuntary; Protest, 1; Rbifunds; Smuggle.