Page:Black's Law Dictionary (Second Edition).djvu/365

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DEPOSIT

A "enerai deposit (the ordinary form) is one I\'|iIlI] is to be repaid on demand, in whole or in pm as called for. in any current money, not 11;: some pieces of money deposited. In this case, the title to the money deposited passes to n..- bank, which becomes debtor to the depositor for the amount. A special deposit is one in which the depositor is entitled to the return of [ii ideniical thing deposited (gold. bullion, se-

s, etc.) and the title to the property re- in: us in him, the deposit being usually made m,_\ for purposes of safe-keeping. Shipman v. ‘in!’ Bank, oil Him, 62], 13 N. Y. Supp. 475; runs v. Clark. 4 ind. 315; Brahm v. Adkins, FT ill. 9 : Marine Bank v. Fulton Bank, 2 ' 2, 17 L. Ed. 785. There is also a specif- It ‘ ,osit, which exists where money or propert - is given to a bank for some specific and par- li-.-ilar purpose, as a note for collection, money in pay a particular note, or property for some Oil-i‘l' specific purpose. Oiiiccr v. 0IiII‘.‘Pl‘. 120 ii-\-.a. 3%‘) 9-1 A\ W. 9-17, 95 Am. St. Rep. 365. —Deposit account. An account of sums iL‘}‘:('(I with a book not to be drawn upon by (‘lot -‘is, and usually not to be withdiawn except iii r a fixed notice.—DeposIt company. A iwipauy whose business is the safe-keeping of Fr-‘lfltififl or other valuables deposited in boxes in i1 in its building which are leased to the 'J",1"llDl' —Deposit of title-deeds. A meth- --i of pledging real property as security for s. iur-n, by placing the title-deeds of the land in Iii: keeping of the lender as pledgee.

DEPOSITARY. The party receiving a dupnsit; one with whom anything is lodged in trust, as "depository" is the place where it is put. The obligation on the part of the depositary is that he keep the thing with reasonable care, and, upon request, restore it to the depositor, or otherwise deliver it, according to the original trust.

DEPOSITATION. In Scotch law. Deposit or depositum, the species of haiiment socallcd. Bell.

DEPOSITION. The testimony of a wit- ness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to Writing and duly authenticated, and intended to be used upon the trial of an action in court Lutcher v. U. S., 72 Fed. 972. 19 C. (1. A. 259; Indianapolis Water Co. v. Ameriflifi Sn-awboard Co. (0. C.) 65 Fed. 535.

A deposition is a written declaration un- (iEi‘ oath, made upon notice to the adverse party for the purpose of enabling him to attend nnd cross-examine: or upon written interrogutories. Code Civ. Proc. CaL § 2004; (‘ode Civ. Proc Dali. 5 465.

.\ deposition is evidence given by a witness unilcr interrogatories, oral or written, and usu- all} nritten donn by an oifioial person. In its grifi‘X'iC sense, it embraces all written evidence wufied by oath, and includes aflidavits: hut,

legal language, a distinction is maintained br-t-wen depositions and aflidavits. Stimpson v. Brooks, 3 Blutchf. 456, Fed. 035. No. 13.454.

The term sometimes is used in a special sense to denote a stat ent made orally by a person on oath before an examiner, com- mlsiioner, or officer of the court, (but not in open court,) and taken down in writing by the examiner or under his direction. Sweet.

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DEPREDATION

In ecclesiastical law. The act of depriving a clergyman, by a competent tribunal. of his clerical orders, to punish him for same offense and to prevent his acting in future in his clerical character. Ayi. Par. 206.

D]-SPOSITO. In Spanish law. Deposit; the species of haiiment so called. Schm. Civil Ln iv, 193.

DEPOSITOR.

DEPOSITORY. The place where a deposit (q. 1:.) is placed and kept.

United States depositories. Banks selected and designated to receive deposits of the pub- lic funds of the United States are so called.

One who makes a depoxl:

DEPOSITUM. Lat. In the C17“ law. One of the forms of the Contract of bailmeut. being a naked haiiment of goods to be kept for the use of the bailor without ieward. Foster v. Essex Bank. 1'! lil- s. 498. 9 Am. Dec 168; Co-ggs v. Bernard. 2 Ld. Raym. 912. See Dnrosrr.

One of the four Justinian, istics. (1) liable for negligence however extreme, but only for fraud. dalue; (2) the property remains in the depositor, the depository having only the possession. (‘rec-vu-im_n and aequeslre were two varieties of the depoa-mtm.

Dfipfir. In French law. The depositurn of the Roman and the deposit of the English law. It is of two kinds, being either (1) dépét simply so called, and which may be either voluntary or necessary, and (2) séques- 1572, which is a deposit made either under an agreement of the parties, and to abide the event of pending litigation regarding it, by virtue of the direction of the court a judge, pending litigation regarding it. Brown; Civ. Code I11. 2897.

In American lu.w._ (1) A railroad freight or passenger station; a place on the line of a railroad where passengers may enter and leave the trains and where freight is deposited for delivery; but more pi-operly, only a place where the carrier is accustomed to receive inerchnndise, deposit it, and keep it ready for transportation or delivery. iii.-igbee v. Transpoitation Go., 45 N. Y. 520, 6 Am. Rep. 124- Hill v. lftnilro.id Co. (Tex. Civ. App.) 75 S. W. 876; Kai-nes v Drake, 103 Ky. 134, 44 S. W. 4-i-1; Railroad Co. v. Smith, Tl Ark 189, 71 S. W. 947: State v. New Haven 8: N. Go., 37 Conn. 163. (2) A place where military stores or suppiies are kept or troops assembled. U. S. v. Caldwell 19 Wall. 268, 22 L. Ed. 114.

D]-IPRAVE. To defame; vllify: exhibit contempt for. In England it is a criminal oi’- fense to “deprave" the Lord's supper or the Book of Common Prayer. Stopb. Crim Dig. 99.

real contracts specified by and having the [oilouing character- The depositary or depositec is not

DEPREDATION. In French law. Pli- isge, waste, or spoiiation of goods, particular- ly of the estate of a decedent.

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