Page:Black's Law Dictionary (Second Edition).djvu/364

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DEPOSE. In practice. In ancient us- age, to testify as a witness; to give evidence under oath.

In modern usage. To make a deposition; to give evidence in the shape of a deposition: to make statements which are written down and sworn to: to give testimony which is reduced to writing by a duly-quali- fled officer and sworn to by the deponent.

To deprive an individual of a public employment or oiiice against his will. Woliiius, Inst. 5 10153. The term is usually applied to the deprivation of all authority of a soveieign.

DEPOSIT. A naked baiiment of goods to be kept for the drpositor without reward, and to be returned when he shall require it. Jones. Bailni. 36, 117; National Bank v. Washington County Bank, 5 Hun (N. Y.) 907; Payne v. Gardiner. 29 N. Y. 167: Mout- gomery v. mans. 8 Ga. 180: Rozelle v. Rhodes, 116 Pa. 129, 9 Atl 160, 2 Ara. St. Rep. 591; In re Patterson, 18 Hun (N. Y.) 009

A bailment of goods to ‘be kept by the lvallce without reward, and delivered according to the object or purpose of the original trust. Story, Bnllm. 5 41.

A deposit, in general, is an act by which a person receives the property or another, binding himself to preserve it and return it in kind. Civ. Code La. art. 2926.

When chattels are delivered by one person to another to keep for the use of the miller, it is called a “deposit." Code Ga. 1882. 6 2103.

The word is also sometimes used to designate money lodged with a person as an earnest or security for the performance of some contract, to be forfeited if the depositor fails in his undertaking.

Classification. According to the classification of the civil law, deposits are of the following several sorts: (1) Necessary, made upon some sudden emergency, and from some pressing necessity; as, for instance. in case of a fire, a shipwreck, or other over- whelming calamity, when property is con- fided to any person whom the depositor may meet without proper opportunity for redec- lion or choice, and thence it is called “miserabile dcpositum." (2) Voluntary, which arises from the mere consent and agreement of the parties. Civ. Code La. art. 2964; Dig. 16, 3, 2; Story, Ballm. 5 44. The common law has made no such division. There is another class of deposits called “involun- uiry," which may he without the assent or even knowledge of the depositor; as lum- her, etc., left upon a.uother’s land by the subsidence of a flood. The civilians again divide deposits into “simple deposits," made by one or more persons having a conunon interest, and “sequestrations." made by one or more persons, each of whom has a different and adverse interest in controversy



touching it: and those last are of two sort]. ——-"conventional," or such as are made hy_ the mere agreement of the p.u-ties ME any judicial act; and “judiclal," or such are made by order of a court in the c of some procecding. Civ. Code La. art 2]}, There is another class of deposits on“ "irregular," as when :1 person, having a all of money which he docs not think s.-its his own hands, confides it to another, w is to return to him, not the s-.ime inuhcf. ii a like sum when he shall demand it. Pofl du Depot 82. 83; Story, Bailui. 5 S4 reg-uiar deposit is a stiict or special depfllf a deposit which must be returned in we cic: i. 2., the thing deposited lilllt he returned A qtuzsi deposit is a kind of lili- plied or involuntary deposit. Ixhich take! place where a party comes lawfully tn its‘ possession of another person's properly. iv: finding it. Story, Bailm. 5 85. Pzuucuiufi with reference to money, deposits are classed as general or special. A general deposit is where the money deposited is not it- selt to be returned, but an equivalent in money (that is, a like sum) is to be returned. It is equivalent to a loan, and the money, deposited becomes the property of the depo ltnry. Insurance Co. v. Landers, 43 Aha‘ 138. A special deposit is a deposit in vriiicn the identical thing deposited is to be re turned to the depositor. The particular ob ject of this kind of deposit is safe-kcepint Koetting v. State, 88 Wis. 502, 60 l\'. W,

822. In banking law, this kind of deposit is contrasted with a “general" deposit an

above: but in the civil law it is the auLitli- esls of an “irre::ular" deposit A gratuilau: or nal.-rd deposit is a bailuient of goods to he kept for the deposltor without hire or re- ward on either side, or one for which the depositary receives no consideration beyond the mere possession of the thing deposited. Civ. Code Go. 1895, 5 2921; Civ. Code Cal I 1844. Properly and originally, all deposits are of this description: for according to the Roman law, a liallment of goods for which hire or a price is to be paid, is not called "deposltum" but “locatio." It the owner of the property pays for its custody or care. it is a “locatio custodi:e;" it, on the other hand, the bsiiee pays for the use of it. it is “locatlo rel." (See IACATIO.) But in the modern law of those states which have he:-n influenced by the Roiiimi jurisprudence, a gratuitous or naked deposit is distinsulsiifii from a “deposit for hire," in which the bein- is to be paid for his services in keeping the article. Civ. Code Cal. 1903, 5 1851: Civ. Code Ga. 1895. § 2921.

In banking law. The act of placing: or lodging money in the custody of a bank or banker, for safety or convenience. to he withdrawn at the will of the deposltor or under rules and regulations agreed on: also the money so deposited.

General and special deposits. Depeuu

of money in I. bank are either general or speciai.