Blacks Law Dict. 1st ed

403

DUUMVIRI

DYVOUR'S HABIT

manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them; which statements are admissible in evidence in a trial for homicide where the killing of the declarant is the crime charged to the de fendant. DYING WITHOUT ISSUE. At com mon law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been changed in some of the states, by statute or decisions, and in England by St. 7 Wm. IV., and 1 Viet. c. 26, § 29. The words "die without issue, "and "die with out leaving issue," in a devise of real estate, im port an indefinite failure of issue, and not the fail ure of issue at the death of the first taker. And no distinction is to be made between the words " without issue " and " without leaving issue." 82 Barb. 328; 20 How. Pr 41; 3 Port. 69; 6 Port 319. In Connecticut, it has been repeatedly held that the expression "dying without issue," and like ex pressions, have reference to the time of the death of the party, and not to an indefinite failure of is sue. 34 Me. 176. Dying without children imports not a failure of issue at any indefinite future period, but a leaving no children at the death of the legatee. 13 N. J. Eq. 105. DYKE-REED, or DYKE-REEVE. An officer who has the care and oversight of the dykes and drains in fenny counties. DYSNOMY. Bad legislation; the enact ment of bad laws. DYSPEPSIA. A state of the stomach in which its functions are disturbed, without the presence of other diseases, or when, if other diseases are present, they are of minor importance. Dungl. Med. Diet. DYVOUR. In Scotch law. A bankrupt. DYVOUR'S HABIT. In Scotch law. A habit which debtors who are set free on a cessio bonorum are obliged to wear, unless in the summons and process of cessio it be libeled, sustained, and proved that the bank ruptcy proceeds from misfortune. And bank rupts are condemned to submit to the habit, even where no suspicion of fraud lies against them, if they have been dealers in an illicit trade. Ersk. Prin. 4, 3, 13.

government upon the importation or expor tation of goods. DUUMVIRI. (From duo, two, and viri, men.) A general appellation among the an cient Romans, given to any magistrates elected in pairs to fill any office, or perform any function. Brande. Duumviri municipals were two annual magistrates in the towns and colonies, hav ing judicial powers. Calvin. Duumviri navales were officers appointed to man, equip, and refit the navy. Id. DUX. In Roman law. A leader or military commander. The commander of an army. Dig. 3, 2, 2, pr. In feudal and old European law. Duke; a title of honor, or order of nobility. 1 Bl. Comm. 397; Crabb, Eng. Law, 236. In later law. A military governor of a province. See Cod. 1, 27, 2. A military officer having charge of the borders or fron tiers of the empire, called " dux limitis. " Cod. 1,49,1, pr. At this period, the word began to be used as a title of honor or dignity. DWELL. To have an abode; to inhabit; to live in a place. DWELLING-HOUSE. The house in which a man lives with his family; a resi dence; the apartment or building, or group of buildings, occupied by a family as a place of residence. In conveyancing. Includes all buildings attached to or connected with the house. 2 Hil. Real Prop. 338, and note. In the law of burglary. A house in which the occupier and his family usually re side, or, in other words, dwell and lie in. Whart. Crim. Law, 357. DWELLING-PLACE. This term is not synonymous with a "place of pauper settle ment/' 49 N. H. 553. Dwelling-place, or home, means some per manent abode or residence, with intention to remain; and is not synonymous with "domi cile," as used in international law, but has a more limited and restricted meaning. 19 Me. 293. DYING DECLARATIONS. State ments made by a person who is lying at the point of death, and is conscious of his ap proaching dissolution, in reference to the

Archive CD Books USA