KFLCC Kingdom Law 2nd Ed.

403

DUPLICITY

DUNSET8

keep them from bruising and injuring each other. Great Western Ins. Co. v. Thwing, 13 Wall. 674, 20 L. Ed. 607; Richards v. Han sen (C. C.) 1 Fed. 56. DUNSETS. People that dwell on hilly places or mountains. Jacob. Duo non possunt .in solido nnam rem possidere. Two cannot possess one thing in entirety. Co. Litt 368. Duo sunt instrumenta ad omn.es res ant confirmandas ant impngnandas, ra tio et anthoritas. There are two instru ments for confirming or impugning all things, —reason and authority. 8 Coke, 16. DUODECEMVIRALE JUDICIUM. The trial by twelve men, or by jury. Applied to juries de medietate Hnguce. Mol. de Jure Mar. 448. DUODECIMA MANUS. Twelve hands. The oaths of twelve men, including himself, by whom the defendant was allowed to make his law. 3 Bl. Comm. 343. twelve men. Cowell. DUODENA MANU. A dozen hands, i. e., twelve witnesses to purge a criminal of an offense. Dnornm in solidum dominium vel pos- •essio esse non potest. Ownership or pos session in entirety cannot be in two persons of the same thing. Dig. 13, 6, 5, 15; Mack eld. Bom. Law, § 245. Bract, fol. 28&. A double com plaint. An ecclesiastical proceeding, which is in the nature of an appeal from an ordi nary'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. DULPEX VALOR MARITAGII. In old English law. Double the value of the mar riage. While an infant was in ward, the guardian had the power of tendering him or her a suitable match, without disparagement, which if the infants refused, they forfeited 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 married themselves without the guardian's consent, they forfeited double the value of the mar riage. 2 BL Oomm. 70; Litt S 110; Co. Litt 826. DUODENA. In old records. A jury ot DUPLA. In the civil law. Double the price of a thing. Dig. 21, 2, 2. DUPLEX QUERELA.

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 in his possession. State v. Graffam, 74 Wis. 643, 43 N. W. 727; Grant v. Griffith, 39 App. Div. 107, 56 N. T. Supp. 791; Trust Co. v. Codington County, 9 S. D. 159, 68 N. W. 314; Nelson v. Blakey, 54 Ind. 36. 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 "counterpart" of an instrument; but in indentures there is a distinction between counterparts executed by the several parties re spectively, each party affixing his or her seal to only one counterpart, and duplicate originals, each executed by all the parties. Toms v. Cuming, 7 Man. & G. 91, note. The old in dentures, charters, or chirographs seem to have had the character of duplicates. Burrill. The term is also frequently used to signify a new original, made to take the place of an instrument that has been lost or destroyed, and to have the same force and effect. Ben ton v. Martin, 40 N. Y. 347. In English law. The certificate of dis charge given to an insolvent debtor who takes the benefit of the act for the relief of insolvent debtors. The ticket given by a pawnbroker to the pawner of a chattel. —Duplicate taxation. The same as "double" taxation. See DOUBLE.— 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 person. Upon application for probate of a duplicate will, both copies must be deposited in the registry of the court of probate. In the civil law. The defendant's answer to the plaintiff's replica tion; corresponding to the rejoinder of the common law. Dnplicationem possibilitatis lex non patitur. The law does not allow the doub ling of a possibility. 1 Rolle, 321. 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, or two or more offenses in the same count of an in dictment Tucker v. State, 6 Tex. App. 253; Waters v. People, 104 111. 547; Mullin v. Blumenthal, 1 Pennewill (Del.) 476, 42 Atl. 175; Devino v. Railroad Co., 63 Vt 98, 20 Atl. 953; Tucker v. Ladd, 7 Cow. (N. Y.) 452. DUPLICATIO. DUPLICATUM JUS. Double right Bract, fol. 283&. See DBOIT-DBOIT. DUPLICITY.