Page:Black's Law Dictionary (Second Edition).djvu/363

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DEPARTURE

v. Wyler, 158 U. S. E, 15 Sup. Ct. 877, 39 L Eli. 9S3

A departure, in pleading, is when a party quits or departs from the case or l.lt3tLl.lSe which he hu first made, and his recoiiisc tn unnthcr. White v. Joy. 13 N. Y. 83: Allen v. \\’;iison, 16 .llogns.1(;\l. Y) 206: Kimherlin v. Carter, -19 n . 1 1.

A iii rnrture takes place when, in nuy plentiing. “It. party deserts the ground tiint he took in bi.‘ inst nnteccdent pleading, and resorts to another. Stcph. Pl 410. Or, in other words. when the second plf‘!iLlll:ig contains matter not puiunnt to the former, anti which does not support and fortify it. Go. Litt. 304a. Hence I divpnrture obviously can never take place till the |'(-piitation. Sta-ph. PL 410. Each subse- u iiii- iilriding must pursue or support the for- ur a -- i. the replii-niion must support the ii--l.i mun. nd the l't"j')il..ld9l‘ the plea, without depiiiring out of it. 3 Bl. (‘onini. 510.

DEPARTURE IN DESPITE OF COURT. In old English practice. The tenant in a real action, having once appeared. was considered as constructively present in unirt until ngnin called upon. Hence it‘, upon being deiiianded, he failed to nppenr, he was said to luire "departed in despite [L e., ciiuicuipt] of the courL"

DEPASTURE. In old English law. To pasture "If a man dcpustvures unprofitable cattle in his ground." Bunh. 1, case L

DBPECULATION. A robbing of the prince or COl‘L|i.lJnllW€8l[h; an emhezzling of the public treasure.

DEFEND]-INCY. A territory distinct from the country in which the supreme sovereign power resides, but belonging right; fully to it, and subject to the laws and regu- lntloiis which the sover-eign may think prop- er to prescribe. U. S. v. The Nancy, 3 Wash. 0. C. 286. Fed. Cus. No. 15.854.

it differs from zi colon:/, liccnusc it is not settled by the. citizens of the sovereign or mollicr stiite: nnd from possession. ‘because it is hold by other title than that of mere conquest.

DEPENDENT. Deriving existence, support, or direction from another; conditioned. in respect to force or obligation, upon an extrrincous act or fact.

—l?ependent contract. One which depends or is ciinditionni upon another. One which it is not the duty of the contractor to perform until some obligation contained in the sume agreement a is lieen {l(‘l"f0l‘nlEll by the other party. . 29. 30.

Ham‘ Piirties. 109--Dependent: ouvenimt. See COVENANT. DEPENDING. In practice. Pending or

nntleterniined: in progress. See 5 Coke. 47.

DEPESAS. In Sp-inish-American law. Spices of izrnund in towns reserved for com- twins or public pnsturrige. 12 I’eL 443, note, 9 L. Ed. 1158.

DEPONE. In Scotch prnctice pose; to niiihe oath in writing.

To de-

355

DEPORTATION

DEPONENT. In practice. One who deposcs (that is, testifles or ninixes oath in to/~i'Li'ng) to the truth of certain fut-ts: one who gives under oatlr testimony which is reduced to writing; one who makes oath to :1 written smtenieiir. The party making an afflilzivit is generally so called

The word "dcpone." from which is derived “iiopnnmt." has l"Elni.i0n to the movie in “liich the oath is administered, (by the witness plni-— ll.][.' his minii upon the book of the holy P\'nIIgP- lists.) and not us to whether the testir..on,. is delivered orally or reduced to writing. pouent" is included in the term “wit-nos

but witness" is more general. Bliss v. Shumsn 47 Me. 218.

DEPONER. In old Scotch practice. A deponent. 3 How. State Tr. 69.».

DEPOPULATIO AGRORUM. in old English law. The crime of destroying, r:1v- nging, or laying waste a country. 2 Iiale, P. C. 3533; 4 Bl. Comm. 373.

DEPOPULATION. In old English law. A species of waste by which the population of the kingdom was diminished. D('])O[Jili5l- tion of houses was a public oifense. 12 Culie. 30. 3L

DEPORTATIO.}} Lat. In the civil law. A kind of banishment, where a condemned person was sent or ("lrried awnv to some forelgn country. usually to an isliind. (in in.-cur lam dcpm-tr1tm',) and thus taken out of the number of Roman citizens.

DEPORTATION. Bzmlshment to a foreign country, attended with confiscation of property and deprivation of civil rights. A punishnient derived from the d(‘I10l'll1/ti!) (q. o.) of the Roman law, and still in use in France.

In Roman low. A perpetual banish- uieiil, depriving the hanlshed of his rights as a Citizen; it difleicd from relegation (q. 1:.) and exile, (q. 17.) 1 Brown, Cull 8: Adm. Law, 125, note; Inst 1, 12. 1, and 2; Dig. 48. 22, 14, 1.

In American law. The removal or sending hack of an alien to the country from which he came, as a measure of national police and viithout any iniplicution of punish- ment or penalty.

"Transportation," "extradition." and “deportntinn," irlthoiigh each has the effect of removing a person from a country, nre difl’er'ent things and for different purposes. Transpoii.it.ion is by wny of punishment of one coniir-ted of an offense against the laws of the country: extra- dition is the surrender to another country of one accused of n.n offense against its laws, there to he tiicd and punished if found guilty. Deportation is the removing of_ an rillen out of the country simply because his presence is deemed inconsistent with the public welfare, and without nuy punishment being imposed or contemplated. either under the laws of the country out of which he is sent, or under those of the country to which he is taken. Fong Yue Ting v. U.

i

K

S.. 149 U. S. 698, 13 Sup. Ct. 1016, 37 L.

905.