Page:Black's Law Dictionary (Second Edition).djvu/369

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DESIGNATIO PERSONE

icing, but their ordinary jurisdiction by the law.

DESIGNATIO PERSONÆ. The description of a person or a party to a deed or contract.

Designatio unins est exclnsio alterins, at exp:-essiun (acid: cessnre tneitlun. Co. Dirt 210. The specifying of one is the ex- clusion of another, and that which is expressed makes that which is understood to cease.

DESIGNATION. A description or descriptive expression by which a person or thing is denoted in a will without using the name.

DESIRE. Tbis term, used in a will in re lntion to the management and distribution of property, has been iuterpreted by the courts with diiferent shades of meaning. varying from the mere expression of a preference to a positive command. See Mohlurry v. Stun- le_v. 69 Tex. 227, 6 S. W. 412; Stewart v. Stewart. 6] N. J. Eq. 25, 47 Ati. 633; In re il:irti's Estate, 132 Cal. 666. 61 Pac. 964; Weber v. Bryant, 161 Mass. 400. 37 N. E. 2032 Appeal of City of Philadelphia. 112 Pa. 470, 4 Mil. 4; Meehan v. Brennan, 16 App. Div. 395. 95 N. 1'. Supp. 57; Brasher v. Marsh, 15 Ohio St. 111; Major v. Herndon, 78 Ky. 12%.

DESLINDE. A term used in the Spun- isii law, denoting the act by which the bound- i'll'lES of an estate or portion of a country are determined.

DESMEMORIADOS. In Spnnlsh low. Persons deprived of memory. White, New ilecop. b. 1. tit. 2, c. 1, 5 4.

DESPACEEURS. In maritime law. Persons appointed to settle cases of average.

DESPATCEES. Ofiiciai communlmtions of official persons on the affairs of govern- iiiont.

DESPERATE. Hopeless; worthless. This term is used in inventories and sched- ules of assets. particularly by executors. etc, to [1eS(‘l‘il|e debts or claims wbich are considered impossible or hopeless of collection. See Schultz v. Pulver. 11 Wend. (N. Y.) 365. —Despe:-ate debt. A bopeless debt; n.n irrecoverable obligation.

D 1-: S P I '1‘ 1-1. Contempt. tempts. Kelhnm.

Despitz, con-

DESPITUS. Contempt. See DESPITE. A coutemptible person. Fieta, ijh. 4, c. 5.

DESPOJAR. A possessory action of the Mexican law. It is brought to recover possession of immovable property, of which one bas been despoiled (despojado) by another.

361

DESTROY

D]-JSPOIL. This word involves. in its signification. violence or clandestine means by which one is deprived of that which he possesses. Its Spanish equivalent. dcspajur, is a term used in Mexican law. Sunol v. Hepburn, 1 Cal. 268.

DESPONSATION. The act of betrothing persons to each other.

DESPOSORIO. In Spanish law. 1715- pous.ils: mutual promises of future marrizige. White. New Recop. b. 1, tit. 6. c. 1. § 1

DESPOT. This word, in its original and most simple acceptation. signifies master and .s1Lpi'e7ne lord; it is synonymous uith ll‘.(il'i- arch; but taken in bad part, as it is usuilly employed, it signifies a tyrant. In some suites, despot is the title given to the sax ereign, as king is given in others. Enc. Lond. —-Despntism. That abuse of government wimie the sovereign power is not (livided, but united in the hands of a single man, wliatcver may be bis officioi title. It is not. prnperiy, a form of Huveinmeiit. 'i‘oniiier. Dr. Cii Fr. tit. prél. n. 32. “Dospotism" is not exactly synon- ymous with "autocrncy," for the former inmlves the idea of tyrimny or abuse of power, which is not iiecasariiy implied by the lutter. Every despotism is autocratic; but an autocracy is F not necessarily despotic.—Despotize. To act as ii. despot. Weiister.

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DESRENABLE. Britt. C. 121.

L Fr. Unreasonable

DESSAISISSEMENT. In French iaW.G When a person is declared bankrupt. he is il1liJ:i€(ll:‘if.el}' depiived of the en.1'o_vinent and administration of all his property: this dep- rivation, which extends to all bis rights. is called "Ile8Sili'8i8S€‘mETLt." Arg. Fr. llferc H

Law, 556.

DESTINATION. The purpose to which it is intended an article or a fuud shall be applied. A testator gives a destination to a legacy when he-prescribes the specific use to which it shall he put.

The port at which a ship is to end her vov- nge is called her “port of destination." Pardessus, no. 600.

DESTITUTE. A “destitute person" is one J who has no money or other proiierty aimi- able for his maintenance or support Norrldgewoci: v. Solon, 49 Me 38.1; Woods r. Perkins, 43 Du. Ann. 347, 9 South. 48.

DESTROY. As used in policies of insur- ance, lenses, and in maritime law tbis term is often applied to an act which renders the subject useless for its intended purpose. though it does not literally liPll]0ll5l‘i or 'Il]- L nilill.-ite it In re 1\lcCniio. 11 Pa Super. Ct 564; Solomon v. Kingston, 2-1 Hun (N. 1') 564; Insurance Co. v. Feibelman, 113 Ala. 305. 23 South. 759; Spalding v. lilunford, 37 Mo. App. 281. To “destroy" a vessel means

to unfit it for further service, beyond them