DRAWING. A representation on paper, card, or other substance.
2. The Act of Congress of July 4, 1836, section 6, requires all persons who
apply for letters patent for an invention, to accompany their petitions or
specifications with a drawing or drawings of the whole, and written references,
when the nature of the case admits of drawings.
DREIT. The same as Droit. (q. v.)
DRIFTWAY. A road or way over which cattle are driven. 1 Taunt. R. 279;
Selw. N. P. 1037; Wool. on Ways, 1.
DRIP. The right of drip is an easementt by which the water which falls
on one house is allowed to fall upon the land of another.
2. Unless the owner has acquired the right by grant or prescription, he has
no right so to construct his house as to let the water drip over his neighbor's
land. 1 Roll. Ab. 107. Vide Rain water; Stillicidium; and 3 Kent, Com. 436; Dig.
43, 23, 4 et 6; 11 Ad. & Ell. 40; S. C. 39 E. C. L. R. 21.
DRIVER. One employed in conducting a coach, carriage, wagon, or other
vehicle, with horses, mules, or other animals.
2. Frequent accidents occur in consequence of the neglect or want of skill of
drivers of public stage coaches, for which the employers are responsible.
3. The law requires that a driver should possess reasonable skill and be of
good habits for the journey; if, therefore, he is not acquainted with the road
he undertakes to drive; 3 Bingh. Rep. 314, 321; drives with reins so loose that
he cannot govern his horses; 2 Esp. R. 533; does not give notice of any serious
danger on the road; 1 Camp. R. 67; takes the wrong side of the road; 4 Esp. R.
273; incautiously comes in collision with another carriage; 1 Stark. R. 423; 1
Campb. R. 167; or does not exercise a sound and reasonable discretion in
travelling on the road, to avoid dangers and difficulties, and any accident
happens by which any passenger is injured, both the driver and his employers
will be responsible. 2 Stark. R. 37; 3 Engl. C. L. Rep. 233; 2 Esp. R. 533; 11.
Mass. 57; 6 T. R. 659; 1 East, R. 106; 4 B. & A. 590; 6 Eng. C. L. R. 528; 2
Mc Lean, R. 157. Vide Common carriers Negligence; Quasi Offence.
DROIT. A French word, which, in that language, signifies the whole
collection of laws, written and unwritten, and is synonymous to our word law. It
also signifies a right, il n'existe point de droits sans devoirs, et vice versa.
1 Toull. n. 96; Poth. h. t. With us it means right, jus. Co. Litt. 158. A person
was said to have droit droit, plurimum juris, and plurimum possessionis, when he
had the freehold, the fee, and the property in him. Id. 266; Crabb's H. Eng. L.
DROIT D'ACCESSION, French civil law. Specificatio. That property which
is acquired by making a new species out of the material of another. Modus
acquirendi quo quis ex aliena materia suo nomine novam speciem faciens bona fide
ejus speciei dominium consequitur. It is a rule of the civil law, that if the
thing can be reduced to the former matter, it belongs to the owner of the
matter, e. g. a statue made of gold, but if it cannot so be reduced, it belongs
to the person who made it, e. g. a statue made of marble. This subject is
treated of in the Code Civil de Napoleon, art. 565 to 577; Merlin Repertoire de
Surisp. Accession; Malleville's Discussion, art. 565. The Code Napoleon follows.
closely the Inst. of Just. lib . 2, tit. 1, §§25, 28.
2. Doddridge, in his English Lawyer, 125-6, states the common law thus: " If
a man take, wrongfully, the material which was mine and is permanent, not adding
anything thereunto than the form, only by alteration thereof, such thing, so
newly formed by an exterior form, notwithstanding, still remaineth mine, and may
be seized again by me, and I may take it out of his possession as mine own. But
they say, if he add some other matter thereunto; as, of another man's leather
doth make shoes or boots, or of my cloth, maketh garments, adding to the
accomplishment thereof of his own, he hath thereby altered the property, so that
the first owner cannot seize the thing so composed, but is driven to his action
to recover his remedy: howheit, he adds, in a case of that nature depending, the
court had determined that the first owner might seize the same, notwithstanding
such addition. But if the thing be transitory in its nature by the change, as if
one take ray corn or meal, and thereof make bread, I cannot, in that case, seize
the bread, because, as the civil law speaketh, haec species facta ex materia
aliens, in pristinam formam reduci non potest, ergo ei a quo est facta cedit. So
some have said, if a man take my barley, and thereof make malt, because it is
changed into another nature, it cannot be seized by me; but the rule is: That
where the material wrongfully taken away, could not at first, before any
alteration, be seized; for that it could not be distinguished. from other things
of that kind, as corn, money, and such like; there those things cannot be seized
because the property of those things cannot be: distinguished: for, if my money
be wrongfully taken away, and he that taketh it do make plate; thereof, or do
convert my plate into money, I cannot seize the same for that money is
undistinguishable from other money of that coin. But, if a butcher take
wrongfully my ox and doth kill it, and bring it into the market to be sold, I
may not seize upon the flesh, for it: cannot be known from others of that, kind;
but if it be found hanging in the skin, where the mark may appear, I may seize
the same, although when it was taken from me it had life, and now is dead. So,
if a man cut down my tree, and square it into a beam of timber, I may seize the
same, for he bath neither altered the nature thereof, nor added anything but
exterior form thereunto; but if he lay the beam of timber into the building of a
house, I may not seize the same, for being so set it is become parcel of the
house, and so in supposition of law, after a sort, altered in its nature. See
Year Book 12 H. VIII. 9 b, 10 a; Bro. Ab. Property, 45; 5 H. VII. 15; Bro. Ab.
DROITS OF ADMIRALTY. Rights claimed by the government over the
property of an enemy. In England, it has been usual, in maritime wars, for the
government to seize and condemn, as droits of admiralty, the property of an
enemy found in her ports at the breaking out of hostilities. 1 Rob. R. 196; 13
Ves. jr. 71; Edw. R. 60; 3 B. & P. 191.
DROIT D'AUBAINE, jus albinatus. This was a rule by which all the
property of a deceased foreigner, whether movable or immovable, was confiscated
to the use of the state, to the exclusion of his heirs, whether claiming ab
intestato, or under a will of the deceased. The word aubain signifies hospes
loci, peregrinus advena, a stranger. It is derived, according to some, from
alibi, elsewhere, natus, born, from which the word albinus is said to be formed.
Others, as Cujas, derive the word directly from advena, by which word, aubains,
or strangers, are designated in the capitularies of Charlemagne. See Du Cange
and Dictionaire de Trevoux.
2. As the darkness of the middle ages wore away, and the light of
civilization appeared, thing barbarous and inhospitable usage was by degrees
discontinued, and is now nearly abolished in the civilized world. It subsisted
in France, however, in full force until 1791, and afterwards, in a modified
form, until 1819, when it was formally abolished by law. For the gross abuses of
this feudal exaction, see Dictionaire de l'Ancien Regime et des abus feodaux.
Aubain. See Albinatus jus.
DROIT-CLOSE. The name of an ancient writ directed to the lord of
ancient demesne, and which lies for those tenants in ancient demesne who hold
their lands and tenements by charter in fee simple, in fee tail, for life, or in
dower. F. N. B. 23.
DROITURAL. What belongs of right; relating to right; as, real actions
are either droitural or possessory; droitural, when the plaintiff seeks to
recover the property. Finch's Law, 257.
DRUNKENNESS. Intoxication with strong liquor.
2. This is an offence generally punished by local regulations, more or less
3. Although drunkenness reduces a man to a temporary insanity, it does not
excuse him or palliate his offence, when he commits a crime during a fit of
intoxication, and which is the immediate result of it. When the act is a remote
consequence, superinduced by the antecedent drunkenness of the party, as in
cases of delirium tremens or mania a potu, the insanity excuses the act. 5
Mison's R. 28; Amer. Jurist, vol. 3, p. 5-20; Martin and Yeager's. R. 133, 147;.
Dane's Ab. Index, h. t.; 1 Russ. on Cr. 7; Ayliffe's Parerg. 231 4 Bl. Com.
4. As there must be a will and intention in order to make a contract, it
follows, that a man who is in such a state of intoxication as not to know what
he is doing, may avoid a contract entered into by him while in this state. 2
Aik. Rep. 167; 1 Green, R. 233; 2 Verm. 97; 1 Bibb, 168; 3 Hayw. R. 82; 1 Hill,
R. 313; 1 South. R. 361; Bull. N. P. 172; 1 Ves. 19; 18 Ves. 15; 3 P. Wms. 130,
n. a; Sugd. Vend. 154; 1 Stark. 126; 1 South. R. 361; 2 Hayw. 394; but see 1
Bibb, R. 406; Ray's Med. Jur. ch. 23, 24; Fonbl. Eq. B. 2, 3; 22 Am. Jur. 290; 1
Fodere, Med. Leg. §215. Vide Ebriosity; Habitua. drunkard.
DRY. Used figuratively, it signifies that which produces nothing; as,
dry exchange; dry rent; rent seek.
DRY EXCHANGE, contracts. A term invented for disguising and covering
usury; in which something, was pretended to pass on both sides, when in truth
nothing passed on one side, whence it was called dry. Stat. 3 Hen. VII. c. 5
Wolff, Ins. Nat. §657.
DRY RENT, contracts. Rent-seek, was a rent reserved without a clause
DUCAT. The name of a foreign coin. The ducat of Naples shall be
estimated in the computations of customs, at eighteen cents. Act of May 22,
DUCES TECUM, practice, evidence. Bring with thee. A writ commonly
called a subpoena duces tecum, commanding the person to whom it is directed to
bring with him some writings, papers, or other things therein specified and
described, before the court. 1 Phil. Ev. 886.
2. In general all papers in the possession of the witness must be produced;
but to this general rule there are exceptions, among which are the following: 1.
That a party is not bound to exhibit his own title deeds. 1 Stark. Ev. 87; 8 C.
& P. 591; 2 Stark. R. 203; 9 B. & Cr. 288. 2. One who has advanced money
on a lease, and holds it as his security, is not bound to produce it. 6 C. &
P. 728. 3. Attorneys and solicitors who hold the papers of their clients cannot
be compelled to produce them, unless the client could have been so compelled. 6
Carr. & P. 728. See 5 Cowen, R. 153, 419; Esp. R. 405; 11 Price, R. 455; 1
Adol. & Ell. 31; 1 C. M. & R. 38 1 Hud. & Brooke, 749. On the
question how far this clause is obligatory on a witness, see 1 Dixon on Tit.
Deeds, 98, 99, 102; 1 Esp. N. P. Cas. 405; 4 Esp. N. P. C. 43; 9 East, Rep.
DUCKING-STOOL, punishment. An instrument used, in dipping women in the
water, as a punishment, on conviction of being common scolds. It is sometimes
confounded with tumbrel. (q. v.)
2. This barbarous punishment was never in use in Pennsylvania. 12 Serg. &
DUCROIRE. This is a French word, which has the same meaning as the
Italian phrase del credere. (q. v.) 2 Pard. Dr. Com. n. 564.
DUE. What ought to be paid; what may be demanded. It differs from
owing in this, that, sometimes, what is owing is not due; a note, payable thirty
days after date, is owing immediately after it is delivered to the payee, but it
is not due until the thirty days have elapsed.
2. Bills of exchange, and promissory notes, are not, due until the end of the
three days of grace, (q. v.) unless the last of these days happen to fall on a
Sunday, or other holyday, when it becomes due on the Saturday before, and not on
the Monday following. Story, P. N. §440; 1 Bell's Com. 410 Story on Bills, §283;
2 Hill, N. Y. R. 587; 2 Applet. R. 264.
3. Due also signifies just or proper; as, a due presentment, and demand of
payraent, must be made. See 4 Rawle, 307; 3 Leigh, 389; 3 Cranch, 300.
DUE-BILL. An acknowledgment of a debt, in writing, is so called. This
instrument differs from a promissory note in many particulars; it is not payable
to order, nor is it assignable by mere endorsement. See I 0 U; Promissory
DUELLING, crim. law. The fighting of two persons, one against the
other, at an appointed time and place, upon a precedent quarrel. It differs from
an array in this, that the latter occurs on a sudden quarrel, while the former
is always the result of design.
2. When one of the parties is killed, the survivor is guilty of murder. 1
Russ. on Cr. 443; 1 Yerger's R. 228. Fighting a duel, even where there is no
fatal result, is, of itself, a misdemeanor. Vide 2 Com. Dig. 252; Roscoe's Cr.
Ev. 610; 2 Chit. Cr. Law, 728; Id. 848; Com. Dig. Battel, B; 3 Inst. 157; 6
East, 464 Hawk. B. 1, c. 31, s. 21; 3 East, R. 581 3 Bulst. 171 4 Bl. Com. 199
Prin. Pen. Law, c. 19, p 245; Const. R. 107; 1 Stew. R. 506; 20 John. 457; 3
Cowen, 686. For cases of mutual combat, upon a sudden quarrel, Vide 1 Russ. on
DUKE. The title given to those who are in the highest rank of nobility
DUM FUIT INFRA AETATEM. The name of a writ which lies when an infant
has made a feoffment in fee of his lands, or for life, of a gift in tail.
2. It may be sued out by him after he comes of full age, and not before; but,
in the mean time, he may enter, and his entry remits him to his ancestor's
rights. F. N. B. 192; Co. Litt. 247, 337.
DUM SOLA. While single or unmarried. This phrase is applied to single
women, to denote that something has been done, or may be done, while the woman
is or was unmarried. Example, when a judgment is rendered against a woman dum
sola, and afterwards she marries, the scire facias to revive, the judgment must
be against both hushand and wife.
DUM NON FUIT COMPOS MENTIS, Eng. law. The name of a writ, which the
heirs of a person who was non compos mentis, and who aliened his lands, might
have sued out, to restore him to his rights. T. L.
DUMB. One who cannot speak; a person who is mute. See Deaf and dumb,
Deaf, dumb, and blind; Mute, standing mute.
DUMB-BIDDING, contracts. In sales at auction, when the amount which
the owner of the thing sold is willing to take for the article, is written, 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 dumbidding. Babingt.
on Auct. 44.
DUNG. Manure. Sometimes it is real estate, and at other times personal
property. When collected in a heap, it is personal estate; when spread out-on
the land, it becomes incorporated in it, and it is then real estate. Vide
DUNGEON. A cell under ground; a place in a prison built under ground,
dark, or but indifferently lighted. In the prisons of the United States, there
are few or no dungeons.
DUNNAGE, mer. law. 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 quality. 2 Magens, 101, art. 125, 126 Abbott on
DUPEX QUERELA, Eng. eccl. law. A complaint in the nature of an appeal
from the ordinary to his next immediate superior. 3 Bl. Com 247.
DUPLICATA. It is the double of letters patent, letters of
administration, or other instrument.
DUPLICATE. The double of anything.
2. It is usually applied to agreements, letters, receipts, and the like, when
two originals are made of either of them. Each copy has the same effect. The
term duplicate means a document, which is essentially the same as some other
instrument. 7 Mann. & Gr. 93. In the English law, it also sign ifies the
certificate of discharge given to an insolvent debtor, who takes the benefit of
the act for the relief of insolvent debtors.
3. A duplicate writing has but one effect. Each duplicate is complete
evidence of the intention of the parties. When a duplicate is destroyed, for
example, in the case of a will, it is presumed. both are intended to be
destroyed; but this presumption possesses greater or less force) owing to
circumstances. When only one of the duplicates is in the possession of the
testator, the destruction of that is a strong presumption of an intent to revoke
both; but if he possessed both, and destroys but one, it is weaker; when he
alters one, and afterwards destroys it , retaining the other entire, it has been
held that the intention was to revoke both. 1 P. Wms. 346; 13 Ves. 310 but that
seems to be doubted. 3 Hagg. Eccl. R. 548.
DUPLICATUM JUS, a twofold or double right. Those words, according to
Bracton, lib. 4, c. 3, signify the same as dreit dreit, or droit droit, and are
applied to a writ of right, patent, and such other writs of right as are of the
same nature, and do, as it were, flow from it, as the writ of right. Booth on
Real Actions, 87.
DUPLICITY, pleading. Duplicity of pleading consists in multiplicity of
distinct matter to one and the same thing, whereunto several answers are
required. Duplicity may occur in one and the same pleading. Double pleading
consists in alleging, for one single purpose or object, two or more distinct
grounds of defence, when one of them would be as effectual in law, as both or
2. This the common law does not allow, because it produces useless prolixity,
and always tends to confusion, and to the multiplication of issues. Co. Litt.
304, a; Finch's Law, 393.; 3 Bl. Com. 311; Bac. Ab. Pleas, K 1.
3. Duplicity may be in the declaration, or the subsequent proceedings:
Duplicity in the declaration consists in joining, in one and the same count,
different grounds of action, of different natures, Cro. Car. 20; or of the same
nature, 2 Co. 4 a; 1 Saund. 58, n. 1; 2 Ventr. 198; Steph. Pl. 266; to enforce
only a single right of recovery.
4. This is a fault in pleading, only because it tends to useless prolixity
and confusion, and is, therefore, only a fault in form. The rule forbidding
double pleading "extends," according to Lord Coke, "to pleas perpetual or
peremptory, and not to pleas dilatory; for in their time and place a man may use
divers of them." Co. Litt. 304, a. But by this is not meant that any dilatory
plea way be double, or, in other words, that it way consist of different
matters, or answers to one and the same thing; but merely that, as there are
several kinds or classes of dilatory pleas, having distinct offices or effects,
a defendant may use "divers of them" successively, (each being in itself
single,) in their proper order. Steph. Pl. App. note 56.
5. The inconveniences which were felt in consequence of this strictness were
remedied by the statute, 4 Ann. c. 16, s. 4, which provides, that " it shall be
lawful for any defendant, or tenant, in any action or suit, or for any plaintiff
in replevin, in any court of record, with leave of the court to plead as many
several matters thereto as he shall think necessary for his defence."
6. This provision, or a similar one, is in force, probably, in most of the
states of the American Union.
7. Under this statute, the defendant may, with leave of court, plead as many
different pleas in bar, (each being a single,) as he may think proper; but
although this statute allows the defendant to plead several distinct and
substantive matters of defence, in several distinct pleas, to the whole, or one
and the same part of the plaintiff's demand; yet, it does not authorize him to
allege more than one, ground of defence in one plea. Each plea must still be
single, as by the rules of the common law. Lawes, Pl. 131; 1 Chit. Pl. 512.
8. This statute extends only to pleas to the declaration, and does not
embrace replications, rejoinders, nor any of the subsequent pleadings. Lawes,
Pl. 132; 2 chit. Pl. 421; Com. Dig. Pleader, E 2; Story's Pl. 72, 76; 5 Am. Jur.
260-288. Vide) generally, 1 Chit. Pl. 230, 512; Steph. Pl. c. 2, s. 3, rule 1;
Gould on Pl. c. 8, p. 1; Archb. Civ. Pl. 191; Doct. Pl. 222; 5 John. 240; 8 Vin.
Ab. 183; U. S. Dig. Pleading, II. e and f.
DURANTE. A term equivalent to during, which is used in some law
phrases, as durante absentia, during absence; durante minor cetate, during
minority; durante bene placito, during our good pleasure.
DURANTE ABSENTIA. When the executor is out of the jurisdiction of the
court or officer to whom belongs the probate of wills and granting letters of
administration, letters of administration will be granted to another during the
absence of the executor; and the person thus appointed is called the
administrator durante absentia.
DURANTE MINORE AETATE. During the minority.
2. During his minority, an infant can enter into no contract, except those
for his benefit. If he should be appointed an executor, administration of the
estate will be granted, durante minore &,tate, to another person. 2 Bouv.
Inst. n. 1555.
DURESS. An actual or a threatened violence or restraint of a man's
person, contrary to law, to compel him to enter into a contract, or to discharge
one. 1 Fairf. 325.
2. Sir William Blackstone divides duress into two sorts: First. Duress of
imprisonment, where a man actually loses his liberty. If a man be illegally
deprived of his liberty until he sign and seal a bond, or the like, he may
allege this duress, and avoid the bond. But, if a man be legally imprisoned, and
either to procure his discharge, or on any other fair account, seal a bond or a
deed, this is not by duress of imprisonment, and he is not at liberty to avoid
it. 2 Inst. 482; 3 Caines' R. 168; 6 Mass. R. 511; 1 Lev. 69; 1 Hen. & Munf.
350; 5 Shepl. R. 338. Where the proceedings at, law are a mere pretext, the
instrument may be avoided. Aleyn, 92; 1 Bl. Com. 136.
3. Second. Duress per minas, which is either for fear of loss of life, or
else for fear of mayhem, or loss of limb,; and this must be upon a sufficient
reason. 1 Bl. Com. 131. In this case, a man way avoid his own act. Id. Lord Coke
enumerates four instances in which a man may avoid his own act by reason of
menaces: 1st. For fear of loss of life. 2d. Of member. 3d. Of mayhem. 4th. Of
imprisonment. 2 Inst. 483; 2 Roll. Abr. 124 Bac. Ab. Duress; Id. Murder, A; 2
Str. R. 856 Fost. Cr. Law, 322; 2 St. R. 884 2 Ld. Raym. 1578; Sav. Dr. Rom.
4. In South Carolina, duress of goods, under circumstances of great hardship,
will avoid a contract. 2 Bay R. 211 Bay, R. 470. But see Hardin, R. 605; 2
Gallis. R. 337.
5. In Louisiana consent to a contract is void if it be produced by violence
or threats, and the contract is invalid. Civ. Code of Louis. art. 1844.
6. It is not every degree of violence or any hind of threats, that will
invalidate a contract; they must be such as would naturally operate on a person
of ordinary firmness, and inspire a just fear of great injury to person,
reputation or fortune. The age, sex, state of health; temper and disposition of
the party, and 0ther circumstances calculated to give greater or less effect to
the violence or threats, must be taken into consideration. Id. art. 1845. The
author of Fleta states the rule of the ancient common law thus: "Est autem metus
praesentis vel futuri periculi causa mentis trepidatio; est praesertim viri
constantis et non cujuslibet vani hominis vel meticulosi et talis debet esse
metus qui in se contineat, mortis periculum, vel corporis cruciatura."
7. A contract by violence or threats, is void, although the party in whose
favor the contract is made, and not exercise the violence or make the threats,
and although he were ignorant of them. Id. 1846.
8. Violence or threats are cause of nullity, not only where they are
exercised on the contracting party, but when the wife, the hushand, the
descendants or ascendants of the party are the object of them. Id. 1847. Fleta
adds on this subject: "et exceptionem habet si sibi ipsi inferatur vis et metus
verumetiam si vis ut filio vel filiae, patri vel fratri, vel sorori et ahis
domesticis et propinquis."
9. If the violence used be only a legal constraint, or the threats only of
doing that which the party using them had a right to do, they shall not
invalidate the contract A just and legal imprisonment, or threats of any measure
authorized by law, and the circumstances of the case, are of this description.
Id. 1850. See Norris Peake's Evid. 440, and the cases cited also, 6 Mass. Rep.
506, for the general rule at common law.
10. But the mere forms of law to cover coercive proceedings for an unjust and
illegal cause, if used or threatened in order to procure the assent to a
contract, will invalidate it; an arrest without cause of action, or a demand of
bail in an unreasonable sum, or threat of such proceeding, by this rule
invalidate a contract made under their pressure. Id. 1851.
11. All the above, articles relate to cases where there may be some other
motive besides the violence or threats for making the contract. When, however,
there is no other cause for making the contract, any threats, even of slight
injury, will invalidate it. Id. 1853. Vide, generally, 2 Watts, 167; 1 Bailey,
84; 6 Mass. 511; 6 N. H. Rep. 508; 2 Gallis. R. 337.
DUTIES. In its most enlarged sense, this word is nearly equivalent to
taxes, embracing all impositions or charges levied on persons or things; in its
more restrained sense, it is often used as equivalent to customs, (q. v.) or
imposts. (q. v.) Story, Const. §949. Vide, for the rate of duties payable on
goods and merchandise, Gord. Dig. B. 7, t. 1, c. 1; Story's L. U. S. Index, h.
DUTY, natural law. A human action which is, exactly conformable to the
laws which require us to obey them.
2. It differs from a legal obligation, because a duty cannot always be
enforeed by the law; it is our duty, for example, to be temperate in eating, but
we are under no legal obligation to be so; we ought to love our neighbors, but
no law obliges us to love them.
3. Duties may be considered in the relation of man towards God, towards
himself, and towards mankind. 1. We are bound to obey the will of God as far as
we are able to discover it, because he is the sovereign Lord of the universe who
made and governs all things by his almighty power, and infinite wisdom. The
general name of this duty is piety: which consists in entertaining just opinions
concerning him, and partly in such affections towards him, and such, worship of
him, as is suitable to these opinions.
4. - 2. A man has a duty to perform towards himself; he is bound by the law
of nature to protect his life and his limbs; it is his duty, too, to avoid all
intemperance in eating and drinking, and in the unlawful gratification of all
his other appetites.
5. - 3. He has duties to perform towards others. He is bound to do to others
the same justice which he would have a right to expect them to do to him.
DWELLING: HOUSE. A building inhabited by man. A mansion. (q. v.)
2. A part of a house is, in one sense, a dwelling house; for example, where
two or more persons rent of the owner different parts of a house, so as to have
among them the whole house, and the owner does not reserve or occupy any part,
the separate portion of each will, in cases of burglary, be considered the
dwelling house of each. 1 Mood. Cr. bas. 23.
3. At common law, in cases of burglary, under the term dwelling house are
included the out-houses within the curtilage or common fence with the dwelling
house. 3 Inst. 64; 4 Bl. Com. 225; and vide Russ & Ry. Cr. Cas. 170; Id.
186; 16 Mass. 105; 16 John. 203; 18 John. 115; 4 Call, 109; 1 Moody, Cr. Cas.
274; Burglary; Door; House; Jail; Mansion.
DYING DECLARATIONS. When a man has received a mortal wound or other
injury, by which he is in imminent danger of dying, and believes that he must
die, and afterwards does die, the statements he makes as to the manner in which
he received such injury, and the person who committed it, are called his dying
2. These declarations are received in evidence against the person thus
accused, on the ground that the party making them can have no motive but to tell
the truth. The following lines have been put into the mouth of such a man:
Have I not hideous Death before my view,
Retaining but a quantity of life,
Which bleeds away, even as a form of wax
Resolveth from his figure 'gainst the fire ?
What in the world should make me now deceive,
Since I must lose the use of all deceit?
Why then should I be false, since it is true
That I must die here, and live hence by truth.
See Death; Deathbed or dying declarations; Declarations.
DYNASTY. A succession of kings in the same line or family; government;
DYSNOMY. Bad legislation; the enactment of bad laws.
DYSPEPSIA, med. jur., contracts. A state of the stomach in which its
functions are disturbed, without the presence of other diseases; or when, if
other diseases are present, they are of minor importance. Dunglison's Med. Dict.
2. Dyspepsia is not, in general, considered as a disease which tends to
shorten life, so as to make a life uninsurable; unless the complaint has become
organic dyspepsia, or was of such a degree at the time of the insurance, as, by
its excess, to tend to shorten life. 4 Taunt. 763.
DYVOUR, Scotch law. A bankrupt.
DYVOUR'S HABIT. Scotch law. A habit which debtors, who are set free on
a cessio bonorum, are obliged to wear, unless in the summons and process of
cessio, it be libelled, sustained, and proved that the bankruptcy proceeds from
misfortune. And bankrupts are condemned to submit to the habit, even where no
suspicion of fraud lies against them, if they have been dealers in an illicit
trade. Ersk. Pr. L. Scot. 4, 3, 13. This practice was bottomed on that of the
Roman civil law, which Filangierl says is better fitted to excite laughter than
compassion. He adds: " Si conduce il debitore vicino ad una colonna a quest
officio destinata, egli l'abbraccia nel mentre, che uno araldo grida Cedo bonis
ed un al tro gli abza le vesti, e palesa agli spettatori le sue natiche. Finita
questa ceremonia il debitore messo in liberta." Filangieri della legislazione,