Page:Black's Law Dictionary (Second Edition).djvu/366

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DEPRIVATION 358 DERELICTION

DEPRIVATION. In English ecclesiastical law. The taking away from a clergyman his benefice or other spiritual promotion or dignity, either by sentence declaratory in the proper court for fit and sufficient causes or in pursuance of divers penal statutes which declare the benefice void for some malfeasance or neglect, or some malfeasance or crime. 3 Steph. Comm. 87, 88; Burn, Ecc. law, tit. "Deprivation."

DEPRIVE. In a constitutional provision that no pelsorl shall he "dcprl'-rel) of his prop- erty" without due process of law, this word is eqllil lleut to the term "take." nlld de notes .1 taking altogether, a seizure. in direct apprnmiation, di mssesslon of file owner. Shlllplcss v. 1’hl|.udcl1Illla. 21 Pa. 107. 59 Am Dec. 753; Wyoellamer v. People, 13 N. i’. 401'; i\illlln \'. People, (39 11]. 88; Grant V. Courter. 2-i Barb. (N. Y.) 238.

DEPUTIZE. To appoint a deputy; to tippoint or commission one to act as deputy to an ofljccr. in a general sense, the telul ls descrlpthe of enlpowel-mg one pelsou to act for another in any L:l1.ulCii.y'0r rel.1tinll, ‘bat in law it is almost always restricted to the sub- stitution of a person appointed to act for an olhz-er of the law.

DEPUTY. A substitute: a pelson duly authorized by an officer to exeruse some or all of the functions pertaining to the ullice, in the place and stead of the latter. Carter V. Elornllack, 139 M0. 238. 40 S. W‘. 89.3’; Helrlug v. Lee. 22 W. Va. 667: Erwin v. U. S. (D. C.) 37 Fed. 476, 2 L. R. A. 229; “('11- llnghara v. State, 21 Flu. I ‘- Ellison v. Stevenson. 6 T. B. Mon. (Ky) 2 People v. Barker, 14 Misc. Rep. Still. 35 N. Y. Supp. 727.

A deputy differs from an assignee, in that an assignee has an interest in the ollice itself, and does all things in his own name, for whom his grantor shall not answer, except in special cases; but a _deputy has not any intercst in the office and ls only the slxadovl of the offirer in whose name he acts. And there is a distinction in doing an act by an agent and by a deputy. An agent can only hind his ‘principal when he does the act in the name of t le principal But a deputv may do the art and an his own name, and it binds his principal: or a deputy lms. 1n law, the whole power of his principal.


\\ harton. —Depnty consul See CoNsUI..--Deputy Iinntennnt. The deputy of a lnrd lil-ntv.nmlt

of -l county in Englnnd.—Depnty alieriif. (llle appointed to act in the plane and stead of the silnriff in the ofiilial business of the latter‘s offil A general deputy (sometimes called “undl-rsherifi") is one who, by virtue of his appoint- ment. has authority to execute all the ordinary duties of the office of sheriff, and who cxccutcs process without any special authority from his princlpal. A special deputy, who is an oliicer pro hao vine. is one appointed for a special occasion or a special servlce, as, to serve a particular writ or to assist in koeplnz: the peace when a riot or tumult is erpr,-vtcd or in prog- ress. He act: under a speciiic and not a general appointment and authority. Allen v. Smith. 12 N. J. how, If‘’’; Wilson v. Iiusseil, 1 Unit 376, 31 N. W. (H.).—Deputy steward.


A steward of a manor may depnte or allthclifl another to hold a court; and the acts limo la a court so hoiden will be as legal ‘IS a the rum had been holden by the chief stuw rd IL llers-ma so an under steward or deputy may nurh 0 another as subdeputy, pru lulu mm, to a noun, for him; such liulilcd authority not in» ing lneonslstent with the rule delay-ltua mm putest dulegure. \\ hartoa.

DERAIGN. Seems to mean. literally, to confound and disulder, or to tul'n oul d course, or displace; as delalgllmeut or deparlure out of religion. In St. 31 Hr.-n. \‘ill, 1: 6. In the common law, the word is and generally in the sense of to prove; via, to deraign a rlght, deralgu the wlrlzllltv. on: Glllln. ilb. 2, c 6: Fltzh. l\’..lt. Lila-u. HI. Perhaps this “curd "Llel'al[;ll," and the WJM "'der.lig)lulent," derived from it, nl.ly be usfl ill the sense of to prove and a proving, by dlsprovlng of \\ hat is as-‘cited ll.l Ul'].\.6"w to truth and fact. Jaeoh.


DERECI-I0. In fip:1nisil l.'l\l.'. Law (1 right Llcrez-he calllml, common law. ‘fh (‘l\ll law is so called. A right .'~rvvi-on.

rights. Also, spec’ lcally, an impusl ml! '80‘ on goods or prmisiulls, or upon pvlmlls at lands, by way of tax or contribution. NAM v. Card. 14 Cal 576. IIJN

DEEE-LICT. Forsaken; abandoned; do serted; cast away.

Personal property abandoned or thrown avmy by the owner in such manner as to indicate that he intends to make no I:-urtber claim thereto. 2 Bl. Comm. 9; 2 lleevc. Eng. Law, 9.

lr.llld left uncovered by the reccdim of water frou.l its former bed. 2 ilnlie, Alnr. 170; 2 Bl. Comm. 262; 1 Crabb, Ileal Prop. 109.

In maritime law. A boat or vessel found I entirely deserted or ahaudoued on the sell, without hope or intention of recovery or re turn by the master or crew, whether resulting from wreck, accident. necessity, or voluntary ahandonment. U. S. v. Stone (C. C.) 3 Fed. 243; Cromwell v. The Island City, 1 I Black, 121, 17 L Ed. 70: The Hyderabad (D. C.) 11 Fed. 75%: The Falrfield (D. C.)

30 Fed. 700; The Aquila. 1 C. Itob. 41. ——Qna.si derelict. When a vessel without be ing abandoned. is no longer under the control nr dirrctinn of those on board, (as where part of the crew are dew, and the remainder are [Jlu rically and mentally incapable of pl'uViilllJ,',’ [or their own safety.) she is said to be quasi ulrns Iict. Sturtevant v. Nieholaus, 1 Newb. Adm. 4-19, Fed. Cas. No. 13, .

DERELICTION. The gaining of land from the water, in consequence of the sea shrinking hack below the usual water In.-lrl:-_ the opposite of alluritm. (q. 12.) Dyer. 3261:; 2 Bl. Comm. 262: 1 Steph. Comm. 419; Llllth- icum v. Coan. 64 lilrl. 439, 2 Ati. S26, 54 An]. Rep. 775: Vvnrrcn v. Cllamhers, 25 Ark. 120,

91 Am. Dec. 538. 4 Am. Rep. 23: Supp 1'.