DE PEYSTER. 140 DEPOSITION. of a nolevl Anoiican family. In the colony, then Mew AniflerdaMi. he lield the olliees of burgo- master an I ilepnty mayor, anil as such stoutly resisted the eession ol the province to the British in ltJU4 and Ui74. DE PEYSTER, .loiix Watts (1821—). An American writer on military and historical sub- jects. He was born in New York City; was educ-ated at Columbia; became colonel in the State militia in 1845, adjutant-general in 1855, and brevet major-general in 1800, and took an active part in the organization of the present police and lire departments of New York. Among his many works are: J.ifc of Field Marxhal Turs- tiiixoii (1855); The Vuteh at the Sorlh Pole, and the Dutch in Maine (1857); Personal and Mliliir-, or rightfully becomes, entitled to the possession, and to give up possession at any time, on demand, to suih jjcrson or persons. It is the most common form (jf bailment (q.v.), as every ease where a person hands another some- thing to hold, or keep for him, for however short a time, conies under this title, ami is subject to the rules of law governing it. The bailee or depositary, as the person who thus receies the property is called, must take such care of it as a reasonable man would of his own goods; but if he does this he is not liable for any los» hapiK-ning while it is in his hands. The deposi- tary cannot u.se the juoperty for his own lienelit unless there is an express agriH-ment. or attend- ant circumstances from which consi>nt of the own- er or bailor can be reasonably inferred. Money in a bank to a person's credit, although ordinarily spoken of as a deposit, does not strictly come within the legal use of the term, and is some- times designated as an "irregular" deposit. The reason for this is because the bank is only required to return an eipiivalent amount, and not the particular bills or s])ecie originally de- livered to it: and the chief characteristic of a true deposit is that the identical thing is to be kept and returned intact. See BaIi.me.nt; Com- MODATi M : I)i;I!t; Mandate: I'lehce. DEPOSITION (OT.depDiiilion. Fr. di'pn/<ilion. from Lat. drpourre. to lay downl. The testimony of a witness, leg-ally taken and committed to writing, by or in the presence of a judge, referee, conunissioner. notarv public, or other dulv qu:>li- fied official person. It is usually taken by virtue of a commission, or letters rogitorv (q.v. ) issuing out of the court in which the action is pending, or which has jurisdiction of the subject matter, if taken before trial. The questions ma.v l>e asked orally or ma.v be submitted to the witness in the form of written interrogatories. The legal representatives of all parties to the action or proceeding are entitled to bo present and to cross-examine the witness, or submit cross-interrogatories to be answered. If the competency of the witnesses or the admis-i bility of the questions or answers is objected t' . the objection must Iw stated to the court ir ollieer taking the deposition, and he may eitlii r rule on the question at once, noting the objection, ruling, and exception, or reserve it for the opin- ion of the court from which the commission issued. The laws of the State having jurisdiction of the litigation in which the evideme i> to be used regulate the manner of taking the testimonv, irrespective of the jurisdiction where it is taken. The eomi)etency and admissibility of the testi- mony are determined l>y the rules of evidence in force where it is offered in court. Impositions afe used in all courts, and the.v mav be ordered taken where witnesses are out of the jurisdiction, or, if within the State, if they arc very old and infirm or in feeble health, in onler to perpetu- ate their testimon.v in case of death before the trial. They cannot be used, however, where the witness him-elf ciin be jiroduecd. See Evi- oenck: TisiiMoNv: Letters Roc.atorv. DEPOSITION. One of the severest penalties which can be inflicted on n clergyman. .s long as ordination was practically connected with the right to serve in a particular church, the with- drawal of this right was equivalent to exclusion from all clerical rights: but with the develojiment of the cliTgy as a privileged onler. and when absolute ordinations and changes of place became conuiirm. deposition in the stricter sense was con- fined to the withdrawal of local rights, and the term degradation came into use in the twelfth century to signify entire removal of clerical
