Blacks Law Dict. 1st ed

898

DUE-BILL

D S Y - C R ^ I F T . Witchcraft; magic. Anc. Inst. Eng. DRY EXCHANGE. In English law. A term formerly in use, said to have been in vented for the purpose of disguising and cov ering usury; something being pretended to pass on both sides, whereas, in truth, noth ing passed but on one side, in which respect it was called "dry." Cowell; Blount. DRY-MULTURES. In Scotch law. Corn paid to the owner of a mill, whether the payers grind or not. DRY RENT. Rent-seek; a rent reserved without a clause of distress. DRY TRUST. A passive trust; one which requires no action on the part of the trustee beyond turning over money or prop erty to the eestui gue trust. DUARCHY. A form of government where two reign jointly. Duas uxores eodem tempore habere non licet. It is not lawful to have two wives at the same time. Inst. 1,10, 6; 1 Bl. Comm. 436. DUBITANS. Doubting. Dobbin, J., dubitans. 1 Show. 864. DUBITANTE. Doubting. Is affixed to the name of a judge, in the reports, to signify that he doubted the decision rendered. DUBITATUR. It is doubted. A word frequently used in the reports to indicate that a point is considered doubtful. DUBITAVIT. Doubted. Vaughan, C. J., dubitavit. Freem. 150. DUCAT. A foreign coin, varying in value in different countries, but usually worth about $2.26 of our money. DUCATUS. In feudal and old English law. A duchy, the dignity or territory of a duke. DUCES TECUM. (Lat. Bring with you.) The name of certain species of writs, of which the subpoena duces tecum is the most usual, requiring a party who is summoned to appear in court to bring with him some doc ument, piece of evidence, or other thing to be used or inspected by the court. DUOES TECUM LICET LANGUI DUS. (Bring with you, although sick.) In practice. An ancient writ, now obsolete, directed to the sheriff, upon a return that he could not bring his prisoner without danger

of death, he being adeo languidus, whereupon the court granted a habeas corpus in the nature of a duces tecum licet languin dus. Cowell; Blount. DUCHY COURT OF LANCASTER A tribunal of special jurisdiction, held be fore the chancellor of the duchy, or bis dep uty, concerning all matters of equity relating to lands holden of the crown in right of the duchy of Lancaster; which is a thing very distinct from the county palatine, (which, has also its separate chancery, for sealing of writs, and the like,) and comprises much, territory which lies at a vast distance from it; as particularly a very large district sur rounded by the city of Westminster. The proceedings in this court are the same as were those on the equity side of the court of chancery, so that it seems not to be a court of record; and, indeed, it has been holden that the court of chancery has a concurrent juris diction with the duchy court, and may take, cognizance of the same causes. The appeal from this court lies to the court of appeal. Jud. Act 1873, § 18; 3 Bl. Comm. 78. DUCHY OF LANCASTER. Those lands which formerly belonged to the dukes of Lancaster, and now belong to the crowa in right of the duchy. The duchy is distinct from the county palatine of Lancaster, and includes not only the county, but also much territory at a distance from it, especially the Savoy in London and some land near West minster. 3 Bl. Comm. 78. DUCKING-STOOL. See CASTIGATOBY. DUCROIRE. In French law. Guar anty; equivalent to del credere, (which see.) DUE. 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. DUE-BILL. A brief written acknowl edgment of a debt. It is not made payable^ to order, like a promissory note. See I. O. U.

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