KFLCC Kingdom Law 2nd Ed.

402

DUEL

DUNNAGE

Feeser, 93 Md. 716, 50 Atl. 406; Marrigan v. Page, 4 Humph. (Tenn.) 247; Currier v. Lockwood, 40 Conn. 350, 16 Am. Rep. 40; Lee v. Balcom, 9 Colo. 216, 11 Pac. 74. See £. O. U. DUEL. A. duel is any combat with deadly weapons, fought between two or more per sons, by previous agreement or upon a pre vious quarrel. Pen. Code Cal. § 225; State r. Fritz, 133 N. C. 725, 45 S. B. 957; State v. Herriott, 1 McMul. (S. C.) 130; Bassett v. State, 44 Fla. 2, 33 South. 262; Davis v. Afodern Woodmen, 98 Mo. App. 713, 73 S. W. 923. DUEXXUM. The trial by battel or judi cial combat. See BATTEL. DUES. Certain payments; rates or taxes. See Ward v. Joslin, 105 Fed. 227, 44 C. C. A. 456; Warwick v. Supreme Conclave, 107 Ga. 115, 32 S. E. 951; Whitman v. National Bank, 176 U. S. 559, 20 Sup. Ct 477, 44 L. Ed. 587. DUKE, in English law, is a title of no bility, ranking immediately next to the Prince of Wales. It is only a title of dignity. Conferring it does not give any domain, ter ritory, or jurisdiction over the place whence the title is taken. Duchess, the consort of a duke. Wharton. DUKE OF EXETER'S DAUGHTER. The name of a rack in the Tower, so called after a minister of Henry VI. who sought to introduce it into England. A government where servants and slaves have so much license and privilege that they domineer. Wharton. DUXiY. In due or proper form or man ner; according to legal requirements. Regularly; upon a proper foundation, as distinguished from mere form.. Robertson v. Perkins, 129 U. S. 233, 9 Sup: Ct 279, 32 L. Ed. 686; Brownell v. Greenwich, 114 N. Y. 518, 22 N. E. 24, 4 L. R. A. 685; Leth bridge v. New York (Super. N. Y.) 15,N. Y. Supp. 562; Allen v. Pancoast, 20 N. J. Law, 74; Van Arsdale v. Van Arsdale, 26 N. J. Law, 423; Dunning v. Coleman, 27 La. Ann. 48; Young v. Wright, 52 Cal. 410; White v. Johnson, ,27 Or. 282, 40 Pac. 511, 50 Am. St Rep. 726. —Dmn. bane se gesserit. While he shall conduct himself well; during good behavior. Expressive of a tenure of office not dependent upon the pleasure of the appointing power, nor for a limited period, but terminable only upon the death or misconduct of the incumbent.— Dun ferret opus. While the work glows; in the heat of action. 1 Kent, Comm. 120.—Dnm fuit in prisona. In English law. A writ DULOCRACY. DUM. Lat While; as long as; until; upon condition that; provided that.

which lay for a man who had aliened lands un der duress by imprisonment, to restore to him his proper estates. 2 Inst. 482. Abolished by St. 3 & 4 Wm. IV. c. 27.—Dnm fuit infra setatem. (While he was within age.) In old English practice. A writ of entry which for merly lay for an infant after he had attained his full age, to recover lands which he had aliened in fee, in tail, or for life, during his infancy; and, after his death, his heir had the same reme dy. Reg. Orig. 2286; Fitzh. Nat. Brev. 192, G; Litt. § 406; Co. Litt. 2476.—Dnm non fuit compos mentis. The name of a writ which the heirs of a person who was non com- ? os mentis, and who aliened his lands, might ave sued out to restore him to his rights. Abolished by 3 & 4 Wm. IV. c. 27.—Dnm re cens fuit maleficinm. While the offense was fresh. A term employed in the old law of appeal of rape. Bract, fol. 147.—Dnm sola. While sole, or single. Dum sola fuerit, while she shall remain sole. Dum sola et casta vix erit, while she lives single and chaste. Words of limitation in old conveyances. Oo. Litt. 235a. Also applied generally to an unmarried woman in connection with something that was or might be done during that condition. DUMB. One who cannot speak; a person who is mute. DUMB-BIDDING. In sales at auction, when the minimum amount which the owner will take for the article is written on a piece of paper, and placed by the owner under a candlestick, or other thing, and it is agreed that no bidding shall avail unless equal to that, this is called "dumb-bidding." Bab. Auct. 44. DUMMODO. Provided; provided that A word of limitation in the Latin forms of conveyances, of frequent use in introducing a reservation; as in reserving a rent DUN. A mountain or high open place. The names of places ending in dun or don were either built on hills or near them in open places. DUNA. In old records. A bank of earth cast up; the side of a ditch. Cowell. DUNGEON. Such an under-ground pris on or cell as was formerly placed in the strongest part of a fortress; a dark or sub terraneous prison. DUNIO. A double; a kind of base coin less than a farthing. Pieces of wood placed against the sides and bottom of the hold of a vessel, to preserve the cargo from the effect of leakage, according to its nature and qual ity. Abb. Shipp. 227. There is considerable resemblance between dunnage and ballast. The latter is used for trimming the ship, and bringing it down to a draft of water proper and safe for sailing. Dunnage is placed under the cargo to keep it from being wetted by water getting into the hold, or between the different parcels to DUNNAGE .