(Bring with you, although sick.) In practice. An ancient writ, now obsolete, directed tothe sheriff, upon a return that he could not bring his prisoner without danger of death,he being adco languidus, (so sick;) whereupon the court granted a hahcus corpus in thenature of a duces tecum, licet languidus. Cowell; Blount
This means to give a fair consideration to and give sufficient attention to all of the facts.
A tribunal of special jurisdiction, held before the chancellorof the duchy, or his deputy, concerning all matters of equity relating to lands holden ofthe crown in right of the duchy of Lancaster; which is a thing very distinct from thecounty palatine, (which has also its separate chancery, for sealing of writs, and thelike.) and comprises much territory which lies at a vast distance from it; as particularly avery large district surrounded by the city of Westminster. The proceedings in this courtare the 6ame as were those on the equity side of tlie court of chancery, so that itseems not to be a court of record ; and. indeed, it has been holden that the court ofchancery has a concurrent jurisdiction with the duchy court, and may take cognizanceof the same causes. The appeal from this court lies to the court of appeal. Jud. Act1873,
A brief written acknowledgment of a debt. It Is not made payable toorder, like a promissory note. See Feeser v. Feeser, 03 Md. 716, 50 Atl. 400; Marrigan v. Page, 4 Humph. (Tenn.) 247; Currier v.Lockwood. 40 Conn. 350, 16 Am. Rep. 40; Lee v. Baleom, 9 Colo. 216, 11 Pac. 74. See I. O. U.
Those lands which formerly belonged to the dukes ofLancaster, and now belong to the crown in right of the duchy. The duchy is distinctfrom the county palatine of Lancaster, and Includes not only the county, but also muchterritory at a distance from it, especially the Savoy in London and some land near Westminster.3 Bl. Comm. 78.
A duel is any combat with deadly weapons, fought between two or more persons,by previous agreement or upon a previous quarrel. Pen. Code Cal.
See CASTIGATORY.
In French law. Guaranty ; equivalent to del credere, (which see.)
1. Just; proper; regular; lawful; sufficient; as in the phrases “due care,” “due process of law,” “due notice.”2. Owing; payable; justly owed. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done.3. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he Is the party owing it, or primarily bound to pay, whether the timefor payment has or has not arrived.4. Payable. A bill or note is commonly said to be due when the time for payment ofit has arrived.The word “due” always imports a fixed and settled obligation or liability, but withreference to the time for its payment there is considerable ambiguity in the use of theterm, as will appear from the foregoing definitions, the precise signification beingdetermined in each case from the context. It may mean that the debt or claim inquestion is now (presently or immediately) matured and enforceable, or that it maturedat some time in the past and yet remains unsatisfied, or that it is fixed and certain butthe day appointed for its payment has not yet arrived. But commonly, and in theabsence of any qualifying expressions, the word “due” is restricted to the first of thesemeanings, the second being expressed by the term “overdue,” and the third by theword “payable.” See Feeser v. Feeser, 03 Md. 716, 50 Atl. 406; Ames v. Ames, 128Mass. 277; Van Hook v. Walton, 28 Tex. 75; Leggett v. Bank, 24 N. Y. 286; Scudder v.Scudder. 10 N. J. Law, 345; Barnes v. Arnold, 45 App. Div. 314, 61 N. Y. Supp. 85;Yocum v. Allen, 58 Ohio St. 280, 50 N. E. 909; Gies v. Becht- ner, 12 Minn. 284 (Gil.1S3) ; Marstiller v. Ward, 52 W. Va. 74, 43 S. E. 178.
This term applies to the taking care and being diligent to prevent an accident.