Double

Two of a kind ; two-
fold; as, double cost; double insur-
ance ; double plea.

Double costs, jnaeticc. According
to the English law, when double costs
are given by the statute, the term is
not to be understood, according to its
literal import, twico the amount of
single costs, hut in such case the costs
are thus calculated ; 1, the common
1 costs, and, 2, half of the common
casts. Bac. Ab. Costs, E ; 2 Str. 1048.
This is not the rule in New York, nor
in Pennsylvania. 2 Dunk Pr. 731 ;
2 Rawle’s R. 201.

2. — In all cases where double or
treble costs arc claimed, the party must
apply to the court for them before he
can proceed to the taxation, otherwise
the proceedings will be set aside ns
| irregular. I Wend. R. 210. Vide
Costs ; and Treble Costs.

Double entry. A term used
among merchants to signify that liooks
of account are kept in such a manner
that they present the debit and credit
of every thing. The term is used in
contradistinction to single entry.

2. — Keeping books by double entry
is more exact, because, presenting all
the active and all the passive projKjrty
of the merchant, in their respective
divisions, there cannot be placed an
article to an account, which docs not
pass to some correspondent account
I elsewhere. It presents a perfect view
of each operation, and, from the rela-
tion and comparison of the divers
accounts, which always keep pace
with each other, their correctness is
proved ; for every commercial opera-
tion is necessarily composed of two
interests, which are connected together.
The fundamental base of this mode of
keeping books, and the only condition
required, is to write down every trans-
action and nothing else ; and to make
no entry without putting it down to the
two agents of the operation. By this
means a merchant whose speculations
arc extensive, over a great number
of subjects, is able to know not only

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the general situation of his affairs, but
also the situation of each particular
operation. For example, when a
merchant receives money, his cash
account becomes debtor, anti the person
who has paid it, or the merchandise
sold is credited with it ; when he pays
money, the cash account is credited,
and the merchandise bought, or the
obligation paid is debited with it. Sec
Single entry.

Double insurance, contracts , is
where the insured makes two insurances
on the same risk, and the same interest.
12 Mass. 214. It differs from re-in-
surance in this, that it is made by the
insured, with a view of receiving a
double satisfhetion in caso of loss;
whereas a rc- insurance is made by a
former insurer, his executors or assigns,
to protect himself and his estate from
a risk to which they were liable by the
first insurance. The two policies arc
considered as making but one insur-
ance. They arc good to the extent of
the value of the effects put in risk;
but the insured shall not In? permitted
to recover a double satisfaction. He
can sue the underwriters on both the
policies, but he can only recover the
real amount of his loss, to which all
the underwriters on both shall contri-
bute in proportion to their several sub-
scriptions. Marsh. Ins. B. 1, c. 4, s.
4. ; 5 S. & R. 472 ; 4 Dali. 349 ; 1
Yeates, 101 ; 9 S. & R. 103; 1 Wash.
C. C. Rep. 419; 2 Wash. C. C. Rep.
180 ; 2 Mason, 475.

Double plea, is the alleging, for
one single purpose, two or more dis-
tinct grounds of defence, when one of
them would be as effectual in law, as
both or all. Vide Duplicity.

DOUBT, is the uncertainty which
exists in relation to a fact, a proposi-
tion, or other thing ; or it is an equi-
poise of the mind arising from an
equality of contrary reasons. Ayl.
Band. 121.

2. — The embarrassing position of a
judge is that of being in doubt, and if.
is frequently the lot of the wisest and
most enlightened to be in this condition ;
those who have little or no experience

usually find no difficulty in deciding
the most problematical questions.

3. — Some rules, not always infallible,
have been adopted in doubtful cases,
in order to arrive at the truth. 1. In
civil cases, the doubt ought to ojierate
against him, who having it in his j»owcr
to prove facts to remove the doubt has
neglected to do so. In cases of fraud
when there is a doubt, the presumption
of innocence (q. v.) ought to remove
it. 2. In criminal cases, whenever a
reasonable doubt exists as to the guilt
of the accused, that doubt ought to
operate in his favour. In such cases,
particularly, when the liberty, honour
or life of an individual is at stake,
the evidence to convict ought to be as
clear ns day, and devoid of all reasona-
ble doubt. See Best on Pres. § 1 95 ;
Wills on Cir. Ev. 20 ; Theory of Pre-
sumptive Proof, 64 ; 33 I low. St. Tr.
500 ; Burnett Cr. Law of Scotl. 522 ;
1 Grccnl. Ev. § 1 ; D’Aguesscau, GEuv*
rcs, vol. xiii. p. 242 ; Doinat, liv. 3,
tit. 0.

4. — No judge is presumed to have
any doubt on a question of law, and he
cannot therefore refuse to give a judg-
ment on that account. 9 M. R. 355;
Merlin, Report, h. t. ; Aylifle’s Pnnd.
b. 2, t. 17 ; Dig. lib. 34, t. 5; Code,
lib. 0, t. 38. Indeed, in some coun-
tries, in China, for example, ignorance
of the law in a judge is punishable
with blows. Penal laws of China, B.
2, s. 01.