KFLCC Kingdom Law 2nd Ed.

404

DUTY

DUPLY

DUPLY, n. (From Lat. duplicatio, q. v.) In Scotch pleading. The defendant's answer to the plaintiff's replication.

to the person. Fellows v. School Dist., 39 Me. 559. —Duress of imprisonment. The wrongful imprisonment of a person, or the illegal re straint of his liberty, in order to compel him to do some act. 1 Bl. Comm. 130, 131, 136, 137; 1 Steph. Comm. 137; 2 Kent, Comm. 453.— Duress per minas. Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to do some lawful act, or to commit a misdemeanor. 1 Bl. Comm. 130; 4 Bl. Comm. 30; 4 Steph. Comm. 83. See METUS. DURESSOR. One who subjects another to duress; one who compels another to do a thing, as by menace. Bac. Max. 90, reg. 22. DURHAM. A county palatine in Eng land, the jurisdiction of which was vested in the Bishop of Durham until the statute 6 & 7 Wm. IV. c. 19, vested it as a separate franchise and royalty in the crown. The ju risdiction of the Durham court of pleas was transferred to the supreme court of judica ture by the judicature act of 1873. In old English law. Blows without wounding or bloodshed; dry blows. Blount. A term used in Hindostan for a passport, permit, or order from the English East Indian Company. It gener ally meant a permit under their seal exempt ing goods from the payment of duties. Enc Lond. In its most usual signification this word is the synonym of imposts or cus toms ; but it is sometimes used in a broader sense, as including all manner of taxes, charges, or governmental impositions. Pol lock v. Farmers' L. & T. Co., 158 U. S. 601, 15 Sup. Ct 912, 39 L. Ed. 1108; Alexander v. Railroad Co., 3 Strob. (S. C.) 595; Pacific Ins. Co. v. Soule, 7 Wall. 433, 19 L. Ed. 95; Cooley v. Board of Wardens, 12 How. 299, 13 L. Ed. 996; Blake v. Baker, 115 Mass. 188. —Duties of detraction. Taxes levied upon the removal from one state to another of prop erty acquired by succession or testamentary disposition. Frederickson v. Louisiana, 23 How. 445, 16 L. Ed. 577; In re Strobel's Estate, 5 App. Div. 621, 39 N. Y. Supp. 169.—Duties on imports. This term signifies not merely a duty on the act of importation, but a duty on the thing imported. It is not confined to a duty levied while the article is entering the country, but extends to a duty levied after it has entered the country- Brown v. Maryland, 12 Wheat. 437, 6 L. Ed. 678. DURSLEY. DUSTUCK. DUTCH AUCTION. See AUCTION. DUTIES.

DUPLY, v.

In Scotch pleading. To re

join. "It is duplyed

by the panel." 3 State

Trials, 471.

DURANTE. During. A word of limitation in old conveyances. Co. LItt 2346. —Durante absentia. During absence. In some jurisdictions, administration of a dece dent's estate is said to be granted durante ab- »e"ntia in cases where the absence of the proper proponents of the will, or of an executor, delays or imperils the settlement of the estate.—Du rante bene placito. During good pleasure. The ancient tenure of English judges was du rante bene placito. 1 Bl. Comm. 267, 342.— Durante minore setate. During minority. 2 Bl. Comm. 503; 5 Coke, 29, 30. Words taken from the old form of letters of administration. 5 Coke, ubi supra.— Durante viduitate. During widowhood. 2 Bl. Comm. 124. Du rante casta viduitate, during chaste widowhood. 10 Bast, 520.—Durante virginitate. During virginity, (so long as she remains unmarried.) •-Durante vita. During life. La t DURESS, v. To subject to duress. A word used by Lord Bacon. "If the party duressed do make any motion," etc Bac Max. 89, reg. 22. DURESS, n. Unlawful constraint exer cised upon a man whereby he is forced to do some act against his will. It may be either "duress of imprisonment," where the person is deprived of his liberty in order to force him to compliance, or by violence, beating, or other actual injury, or duress per minas, con sisting in threats of imprisonment or great physical injury or death. Duress may also include the same injuries, threats, or re straint exercised upon the man's wife, child, or parent Noble v. Enos, 19 Ind. 78; Bank v. Sargent, 65 Neb. 594, 91 N. W. 597, 59 L. R. A. 296; Pierce v. Brown, 7 Wall. 214, 19 L. Ed. 134; Galusha v. Sherman, 105 Wis. 263, 81 N. W. 495, 47 L. R. A. 417; Radich v. Hutchins, 95 U. S. 213, 24 L. Ed. 409; Rollings v. Gate, 1 Heisk. (Tenn.) 97; Joan nin v. Ogilvie, 49 Minn. 564, 52 N. W. 217, 16 L. R. A. 376, 32 Am. St. Rep. 581; Burnes v. Burnes (C. C.) 132 Fed. 493. Duress consists in any illegal imprison ment, or legal imprisonment used for an ille gal purpose, or threats of bodily or other harm, or other means amounting to or tend ing to coerce the will of another, and actu ally inducing him to do an act contrary to his free will. Code Ga. 1882, § 2637. By duress, in its more extended sense, is meant that degree of severity, either threatened or impending or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness. Duress per minas is restricted to fear of loss of life, or of may hem, or luSs of limb, or other remediless harm DURBAR. In India. A court, audience, or levee. Mozley & Whitley.

DUTY.

In its use in jurisprudence, this

word is the correlative of right. Thus, wherever there exists a right in any person, there also rests a corresponding duty upon