Tiffany (N. Y.) Tiffany T. U. P. Charlt.....T. U. P. Charlton (Ga.) Turn. & R. Ch.....Turner and Russell's Eng- Tyler Tyler, Ej. Tyler on Ejectment and T. & H. Prac.......Troubat and Haly's Penn Unof. U. S.. U. S. App. sylvania Practice. U Unofficial (Reports). United States. United States Appeals. U. S. Comp. St. 1901. United States Compiled U. S. Comp. St. Statutes 1901. Supp. 1903....... Supplement 1903 to the U. S. Law Mag.... United States Law Maga- U. S. Month. Law Mag. Utah Va. Va. Cas. Va. Law J.. Van Fleet, Coll. Attack V Virginia. Virginia Cases. Monthly Whart. Whart. Ag... Virginia Law Journal, Wharton on Agency. Whart. Cr. Ev..... Wharton on Criminal Evi Van Fleet on Collateral Whart. Law Dict... Wharton's Law Diction- Van Ness, Prize Cas. Van Ness' Prize Cases (U. Whart. Law Lexi- Vattel, Law Nat... Vattel's Law of Nations. con JUDICIAL AND STATUTORY DEFINITIONS OF WORDS AND PHRASES. VOLUME 3. DEPOSITOR. See "General Depositor." "Depositors" in a bank, in the usual meaning of the word, are those who put their money on deposit in the usual course of business. Those who deposit it under Gen. St. 1876, c. 96, declaring that any special agreement or contract are but credperson or "depositor" of wheat in an ele-itors of the bank under their contracts. In vator shall be treated as having made a re Brandywine Bank's Estate, 1 Ches. Co. bailment of the wheat and not a sale, should Rep. 431, 432. not be limited to persons making an actual physical deposit of the grain, but, inasmuch as the issuing of warehouse receipts by a warehouseman for his own grain actually in store transfers the title and legal possession to the holder of the receipts and makes the warehouseman the holder's bailee, the word "depositor" must be construed to include all persons actually holding grain in store, whether deposited by themselves, or by oth-1059, 1061, 130 Cal. 542. ers to whose rights they have succeeded. National Exch. Bank v. Wilder, 24 N. W. 699, 701, 34 Minn. 149. A "voluntary deposit" is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former or of a third party. The person giving is called the "depositor," and the person receiving the "depositary." Rev. Codes N. D. 1899, § 4001; Civ. Code S. D. 1903, § 1353; Rev. St. Okl. 1903, § 2825. In a bank. A "depositor" is one who pays money into a bank to be placed to his credit and to be subject to his check. Commonwealth v. Sponsler, 16 Pa. Co. Ct. R. 116, 119. A "bank depositor" is one who delivers to, or leaves with a bank, money subject to his order. Anheuser-Busch Brewing Ass'n v. Clayton (U. S.) 56 Fed. 759, 761, 6 C. C. A. 108. A "depositor" is a beneficiary of a fund held by the bank as trustee. Kimball v. Norton, 59 N. H. 1, 6, 47 Am. Rep. 171. 3 WDB. & P.-1 The term "depositors," as used in Act 1862, § 10, providing that the capital stock of savings banks shall be a security to depositors who are not stockholders, was intended to include deposits for which certificates of deposit had been issued, as well as those made upon open account and subject to check. Murphy v. Pacific Bank, 62 Pac. Originally a "deposit" was a thing de livered for gratuitous safe-keeping, and it remained the property of the owner, but it is now used to designate a certain kind of loan, for money deposited in the ordinary way becomes the property of the bank or banker, and the deposit is a debt. Such loans always imply that the money on deposit is lying in the bank on hand ready to meet the demand of the owner, and that it is kept there for convenience, and hence a bank which has made another bank the creditor on which it may draw is not a "depositor." State Sav. Bank v. Foster, 76 N. W. 499, 500, 118 Mich. 268, 42 L. R. A. 404. One whose money is intermingled with the general funds of a bank to an ascertained amount, who is acknowledged by the bank to be a creditor to that amount, who is under no obligation to permit the money to remain there, is a "depositor." Catlin v. Sav. ings Bank, 7 Conn. 487, 492. DEPOSITORY. Depositories are not public officers of the United States, but are instruments or (2003) agencies to keep the public funds. They receive merchandise, deposit it, and keep it are agencies sui generis and sui juris. ready for transportation or delivery. MaBanks which have been made the deposi- ghee v. Camden & A. R. Transp. Co., 45 N. tories of money received from the treasurer Y. 514, 520. or collector of taxes in the districts fixed by law for collectors to pay immediately to them are not regarded as "public officers" of the state, in the sense of that term as used in Code, §§ 148-171. A bank càn hardly be called an officer. It cannot well be tried for misdemeanor, and be punished under section 156 of the Code, and the entire chapter appears to be dealing with individuals, not banks. Colquitt v. Simpson, 72 Ga. 501, 510. DEPOSITUM. Depositum "is a bare naked bailment of goods delivered by one man to another to keep for the use of the bailor." Per Holt, C. J., in Coggs v. Bernard, 2 Ld. Raym. 909, 912. Depositum "is the term used in the civil and common law to designate a naked bailment without reward and without any special undertaking." Foster v. Essex Bank, 17 Mass. 479, 498, 9 Am. Dec. 168. A "depositum" is a naked bailment of goods, to be kept for the bailor without reward, and to be returned when he shall require it. It is a contract by which one of the contracting parties gives a thing to another to keep, who is to do so gratuitously, and obliges himself to return it when he shall be requested. Johnson v. Reynolds, 3 Kan. 257, 261. DEPOT. See, also, "Station." "Webster defines 'depot' to be a place of deposit for storing goods; a warehouse; a storehouse. Worcester defines it as 'a place where any kind of goods is deposited; a storehouse; a warehouse."" State v. Edwards, 19 S. W. 91, 92, 109 Mo. 315. A bill of lading exempting the carrier from liability for loss or damage by fire or the elements "while at depots," only refers to depots at which the cars may be stopped while in transit, and before the freight reaches its destination. E. O. Stanard Milling Co. v. Whitelime Central Transit Co., 26 S. W. 704, 708, 122 Mo. 258. As building or warehouse. As applied to railroads, a "depot" is a place where passengers are received and deposited, and where freight is deposited for delivery. Maghee v. Camden & A. R. Transp. Co., 45 N. Y. 514, 520; State v. New Haven & N. Co., 37 Conn. 153, 163 (cited and approved in Plunkett v. Minneapolis, S. S. Fowler v. Farmers' Loan & Trust Co., 21 Wis. M. & A. R. Co., 48 N. W. 519, 79 Wis. 222; 77, 79). The term "depot" may be properly applied to a building erected alongside a railroad track within which there was a telegraph office with telegraphic instruments and a ticket office, which building was occupied by the company's station men and agent, who operated the telegraph, sold tickets for the company to passengers, operated the switch and water tank, and handled freight and baggage, there being a platform between the building and the railroad track at which trains stopped and received and discharged passengers and freight, though the accommodations were quite limited. Peters v. Stewart, 39 N. W. 380, 381, 72 Wis. 133. One definition of "depot" is a "railroad station." The term, as used in the statute directing railroads receiving goods for transportation into their warehouses or depots to forward them in the order in which they are received, and making them liable for losses occasioned by a failure to do so, embraces the entire station of the railroad, so that a railroad must forward property received for shipment in the order in which it is received, though merely received on a platform used for handling that kind of property. Hill & Morris v. St. Louis Southwestern R. Co. of Texas (Tex.) 75 S. W. 874, 876. Within the act of Connecticut of 1806 providing that no railroad shall abandon any depot or station on its road, after the same has been established for 12 months, except by the approval of the railroad commissioners, a "depot" is a station at which trains stop, not merely for wood and water, but for the transaction of the ordinary business of receiving and delivering freight and passengers. State v. New Haven & N. Co., 37 Conn. 153, 163. A "depot" is a railway station-the See "Building (In Criminal Law)"; "In building for the accommodation and protec Depot"; "Warehouse." As freight or passenger station. See "Freight Depot"; "Regular Depot." "Depot" is generally understood to be the place where a carrier is accustomed to tion of railway passengers or freight. This is the only meaning of the word as applied to a railroad, so that Gen. St. c. 94, art. 1, § in three miles of any railroad the right to 45, giving to the owner of a coal bank withestablish a road to the most convenient and suitable depot on such railroad, gives no |