KFLCC Kingdom Law 2nd Ed.

400

DRUNKARD

DUE

DUBITAVIT.

become habitual. The terms "drunkard" and "habitual drunkard" mean the same thing. Com. v. Whitney, 5 Gray (Mass.) 85; Gourlay v. Gourlay, 16 R. I. 705, 19 Atl. 142. A "common" drunkard is defined by statute in some states as a person who has been con victed of drunkenness (or proved to have been drunk) a certain number of times within a limited period. State v. Kelly, 12 R. I. 535; State v. Flynn, 16 R. I. 10,11 Atl. 170. Else where the word "common" in this connection is understood as being equivalent to "habitual," (State v. Savage, 89 Ala. 1, 7 South. 183, 7 L. R. A. 426; Com. v. McNamee, 112 Mass. 286; State v. Ryan, 70 Wis. 676, 36 N. W. 823;) or perhaps as synonymous with "public," (Com. v. Whitney, 5 Gray [Mass.] 86.) DRUNKENNESS. . In medical jurispru dence. The condition of a man whose mind is affected by the immediate use of intoxi cating drinks; the state of one who is "drunk." See DRUNK. In the vernacular, this term means desiccated or free from moisture; but, in legal use, it signifies formal or nom inal, without imposing any duty or respon sibility, or unfruitful, without bringing any profit or advantage. — Dry exchange. See EXCHANGE.—Dry mortgage. One which creates a lien on land for the payment of money, but does not impose any personal liability upon the mortgagor, col lateral to or over and above the value of the premises. Frowenfeld v. Hastings, 134 Cal. 128, 66 Pac. 178.—Dry-multures. In Scotch law. Corn paid to the owner of a mill, wheth er the payers grind or not—Dry rent. Rent seek; a rent reserved without a clause of dis tress.—Dry trust. A passive trust; one which requires no action on the part of the trustee beyond turning over money or property to the cestui que trust. Bradford v. Robinson, 7 Houst. (Del.) 29, 30 Atl. 670; Cornwell v. Wulff, 148 Mo. 542, 50 S. W. 439, 45 L. R. A. 53.—Dry weight. In tariff laws, this term does not mean the weight of an article after desiccation in a kiln, but its air-dry weight as understood in commerce. U. S. v. Perkins, 66 Fed. 50. 13 O. C. A. 324. DRY.

Doubted. Vaughan, G 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 DUCES TECUM LICET LANGUID US (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, (so sick;) where upon the court granted a habeas corpus in the nature of a duces tecum licet languidus. Cowell; Blount. Those lands which formerly belonged to the dukes of Lancaster, and now belong to the crown 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. —Duchy court of Lancaster. A tribunal of special jurisdiction, held before the chan cellor of the duchy, or his deputy, concerning all matters of equity relating to lands holden of the crown in right of the duchy of Lancas ter; 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 surrounded by the city of West minster. 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 hasbeen holden that the court of chancery has a concurrent jurisdiction with the duchy court, and may take cognizance of the same causes. The ap peal from this court lies to the court of appeal. Jud. Act 1873, § 18; 3 Bl. Comm. 78. In French law. Guaran ty ; 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 DUCHY OP LANCASTER. DUCKING-STOOL. See CASTIGATOBY. DUCROIRE.

DRY-CR.2BFT. Witchcraft; magic.Anc. Inst. Eng.

DUARCHY.

A form of government

where two reign jointly.

Duas uxores eodem tempore habere mon licet. It is not lawful to have two wives at the same time. Inst. 1, 10, 6; 1 Bl. Comm. 43a

DUBITANS.

Doubting.

Dobbin, J„

1 Show. 364.

dubitans.

DUBITANTE. Doubting. Is aflixed to the name of a judge, in the reports, to signi fy that he doubted the decision rendered. A word frequently used in the reports to indicate that a point is considered doubtful. DUBITATUR. It is doubted.