KFLCC Kingdom Law 2nd Ed.

405

DYSNOMY

DUTY

D. W. I. In genealogical tables, a com mon abbreviation for "died without issue." DWELL. To have an abode; to inhabit; to live in a place. Gardener v. Wagner, 9 Fed. Cas. 1,154; Ex parte Blumer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 502; Ea tontown v. Shrewsbury, 49 N. J. Law, 188, 6 Atl. 319. 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 A house In which the occupier and his family usually reside, 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." Lisbon v. Lyman, 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. Jef ferson v. Washington, 19 Me. 293. DWELLING-HOUSE. Hil. Real Prop. 338, and note. In the law of burglary. DYING WITHOUT ISSUE. At com mon law this phrase imports an indefinite failure of issue, and not a dying without is sue 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 Vict 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 failure of issue at the death of the first taker. And no distinction is to be made between the words "without issue" and "without leaving is sue." Wilson v. Wilson, 32 Barb. (N. Y.) 328; McGraw v. Davenport, 6 Port. (Ala.) 319. In Connecticut, it has been repeatedly held that the expression "dying without issue," and like expressions, have reference to the time of the death of the party, and not to an indefinite failure of issue. Phelps v. Phelps, 55 Conn. 359, 11 Atl. 596. 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. Condict v. King, 13 N. J. Eq. 375. An officer who has the care and oversight of the dykes and drains In fenny counties. DYKE-REED, or DYKE-REEVE. DYING DECLARATION. SeK DECLA RATION.

some other person or upon all persons gener ally. But it is also used, in a wider sense, to designate that class of moral obligations which lie outside the jural sphere; such, namely, as rest upon an imperative ethical basis, but have not been recognized by the law as within Its proper province for pur poses of enforcement or redress. Thus, grat itude towards a benefactor is a duty, but its refusal will not ground an action. In this meaning "duty" is the equivalent of "mdral obligation," as distinguished from a "legal obligation." See Kentucky v. Dennl son, 24 How. 107, 16 L. Ed. 717; Harrison T. Bush, 5 El. & Bl. 349. As a technical term of the law, "duty" signifies a thing due; that which is due from a person; that which a person owes to an other. An obligation to do a thing. A word of more extensive signification than "debt," although both are expressed by the same Latin word "debitum." Beach v. Boynton, 26 Vt 725, 733. But in practice It Is commonly reserved as the designation of those obligations of per formance, care, or observance which rest up on a person in an official or fiduciary capac ity ; as the duty of an executor, trustee, man ager, etc It also denotes a tax or impost due to the government upon the Importation or expor tation of goods. —Legal duty. An obligation arising from contract of the parties or the operation of the law. Riddell v. Ventilating Co., 27 Mont 44, 69 Pac. 241. That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. Heaven v. Pender, 11 Q. B. Div. 506; Smith v. Clarke Hardware Co., 100 Ga. 163, 28 S. E. 73, 39 L. R. A. 607; Railroad Co. v. Ballentine, 84 Fed. 935, 28 C. C. A. 572. (From duo, two, and viri, men.) A general appellation among the an cient Romans - , given to any magistrates elect ed in pairs to fill any office, or perform any function. Brande. Duumviri municipales 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, tEe word began to be used as a title of honor or dignity. DUUMVIRI.

DYSNOMY.

Bad legislation; the enact

ment of bad laws.