Blacks Law Dict. 1st ed

401

DURANTE MINORE

DUODENA

In English law. The certificate of dis charge given to an insolvent debtor who takes the benefit of the act for the relief ot insolvent debtors. The ticket given by a pawnbroker to tht pawner of a chattel. DUPLICATE WILL. A term used in England, where a testator executes two copies of his will, one to keep himself, and the other to be deposited with another per son. Upon application for probate of a du plicate will, both copies must be deposited in the registry of the court of probate. DUPLICATIO. In the civil law. The defendant's answer to the plaintiff's replica tion; corresponding to the rejoinder of the common law. Duplicationem possibilitatis lex non patitur. The law does not allow the doubling of a possibility. 1 Rolle, 321. DUPLICATUM JUS. Double right. Bract, fol. 2836. See DROIT-DBOIT. DUPLICITY. 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 breaches in a replication. DUPLY, n. (From Lat. duplicatio, q. v.) In Scotch pleading. The defendant's answer to the plaintiff's replication. DUPLY, v. In Scotch pleading. To re join. "It is duplyed by the panel." 3 State Trials, 471. DURANTE. Lat. During. A word of limitation in old conveyances. Co. Litt. 2346. Durante viduitate, during widowhood. Du rante virginitate, during virginity. Durante vita, during life. DURANTE ABSENTIA. During ab sence. In some jurisdictions, administration of a decedent's estate is said to be granted du rante absentia in cases where the absence of the proper proponents of the will, or of an executor, delays or imperils the settlement of the estate. DURANTE BENE PLACITO. Dur ing good pleasure. The ancient tenure of English judges was durante beneplacito. 1 Bl. Comm. 267, 342. DURANTE MINORE ESTATE. Dur ing minority. 2 Bl. Comm. 503; 5 Coke, 29, 30. Words taken from the old form of let teis of administration. 5 Coke, ubi supra.

DUODENA. In old records. A jury of twelve men. Cowell. DUODENA MANU. A dozen hands, i. «., twelve witnesses to purge a criminal of an offense. Duorum in solidum domlnium vel possessio esse non potest. Ownership or possession in entirety cannot be in two per sons of the same thing. Dig. 13, 6, 5, 15; Mackeld. Kom. Law, § 245. Bract, fol. 28&. DUPLA. In the civil law. Double the price of a thing. Dig. 21, 2, 2. DUPLEX QUERELA. Double com plaint. An ecclesiastical proceeding, which is in the nature of an appeal from an ordi naiy's refusal to institute, to his next im mediate superior; as from a bishop to the archbishop. If the superior adjudges the cause of refusal to be insufficient, he will grant institution to the appellant. Phillim. Ecc. Law, 440. DUPLEX VALOR MARITAGII. In old English law. Double the value of the marriage. While an infant was in ward, the guardian had the power of tendering him or her a suitable match, without disparage ment, which if the infants refused, they for feited the value of the marriage to their guardian, that is, so much as a jury would assess or any one would give to the guardian for such an alliance; and, if the infants mar ried themselves without the guardian's con sent, they forfeited double the value of the marriage. 2 Bl. Oomm. 70; Litt. § 110; Co. Litt. 826. DUPLICATE. When two written docu ments are substantially alike, so that each might be a copy or transcript from the other, while both stand on the same footing as original instruments, they are called "dupli cates." Agreements, deeds, and other docu ments are frequently executed in duplicate, in order that each party may have an orig inal m his possession. A duplicate is sometimes defined to be the "copy" of a thing; but, though generally a copy, a duplicate differs from a mere copy, in having all the validity of an original. Nor, it seems, need it be an exact copy. Defined also to be the "counter part" of an instrument; but in indentures there is a distinction between counterparts executed by the several parties respectively, each party affix ing his or her seal to only one counterpart, and duplicate originals, each executed by all the par ties. 7 Man. & Q. 91, note. The old indentures, charters, or chirographs seem to have had the character of duplicates Burrill. AM.BICT.LAW—26

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