DUNG. Manure1. 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 Manure.
DUNGEON2. 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 dungeons3.
DUNNAGE, mer. law. Pieces of wood placed against the sides and bottom of the hold of a vessel4, to preserve the cargo5 from the effect of leakage6, according to its nature and quality. 2 Magens, 101, art. 125, 126 Abbott on Shipp. 227.
DUPEX QUERELA, Eng. eccl. law. A complaint in the nature of an appeal from the ordinary to his next immediate7 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 applied8 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 essentially9 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 insolvent10 debtor11, who takes the benefit of the act for the relief of insolvent debtors12.
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 presumption14 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 revoke15 both; but if he possessed16 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 writ13 of right, patent, and such other writs17 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.
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