signate the diminution of its inhabit- | sive with the wrong. Jones's Bailm. ants, arising either from violent 48. causes, or the want of multiplication. Vide 12 Co. 30. DEPORTATION, civil law, was among the Romans, a perpetual banishment, depriving the banished of his rights as a citizen; it differed from relegation, (q. v.) and exile, (q. v.) 1 Bro. Civ. Law, 125 note; Inst. 1, 12, 1 and 2; Dig. 48, 22, 14, 1. DEPOSIT, contracts, is usually defined to be a naked bailment of goods to be kept for the bailor, without reward, and to be returned when he shall require it. Jones's Bailm. 36, 117; 1 Bell's Comm. 257. See also Dane's Abr. ch. 17, art. 1, § 3. Story on Bailm. c. 2, § 41. Pothier, defines it to be 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. Traité du Depôt. See Code Civ. tit. 11, c. 1, art. 1915; Louisiana Code, tit. 13, c. 1, art. 2897. Deposits, in the civil law, are divisible into two kinds; necessary and voluntary. A necessary deposit is such as arises from pressing necessity, as, for instance, in case of a fire, a shipwreck, or other overwhelming calamity; and thence it is called miserabile depositum. Louis. Code, 2935. A voluntary deposit is such as arises without any such calamity, from the mere consent or agreement of the parties. Dig. lib. 16, tit. 3, § 2. This distinction was material in the civil law, in respect to the remedy, for in voluntary deposits the action was only in simplum; in the other in duplum, or two-fold, when ever the depositary was guilty of any default. The common law has made no such distinction, and, therefore, in a necessary deposit, the remedy is limited to damages co-exten Deposits are again divided by the civil law into simple deposits, and sequestrations; the former is when there is but one party depositor, (of whatever number composed,) having a common interest; the latter is where there are two or more depositors, having each a different and adverse interest. See Sequestration. These distinctions give rise to very different considerations in point of responsibility and rights. Hitherto they do not seem to have been incorporated in the common law, though if cases should arise, the principles applicable to them would scarcely fail of receiving general approbation, at least, so far as they affect the rights and the responsibilities of the parties. Cases of judicial sequestration and deposits, especially in courts of chancery and admiralty, may hereafter require the subject to be fully investigated. At present, there have been few cases, in which it has been necessary to consider upon whom the loss should fall when the property has perished in the custody of the law. Story on Bailm. § 4146. There is another class of deposits noticed by Pothier, and called by him irregular deposit. This arises, when a party having a sum of money which he does not think safe in his own hands, confides it to another, who is to return him, not the same money, but a like sum when he shall demand it. Poth. Traité du Depôt, ch. 3, § 3. The usual deposit made by a person dealing with a bank is of this nature. The depositor, in such case, becomes merely a creditor of the depositary for the money or other thing which he binds himself to return. This species of deposit is also called an improper deposit, to distinguish from one that is regular and proper, and which latter is some times called a special deposit. 1 | Jones's Bailm. 82, 83. As to the Bell's Com. 257, 8. See 4 Blackf. care which a depositary is bound to R. 395. to use, see 2 Ld. Raym. 909, 914; 1 Ld. Raym. 655; 2 Kent's Comm. 438; 17 Mass. R. 479, 499; 4 Burr. 2298; 14 Serg. & Rawle, 275; Jones's Bailm. 8; Story on Bailm! § 63, 64. There is a kind of deposit, which may, for distinction's sake, be called a quasi deposit, which is governed by the same general rule as common deposits. It is when a party comes lawfully to the possession of another person's property by finding. Under such circumstances, the finder seems bound to the same reasonable care of it, as any voluntary depositary ex contractu. Doct. & Stu. Dial. 2, ch. 38. Story on Bailm. § 85; and see Bac. Abr. Bailm. D. See further on the subject of deposits, Louis. Code, tit. 13; Bac. Abr. Bailment; Digeste, depositi vel contra; Code, lib. 4, tit. 34; Inst. lib. 3, tit. 15, § 3; Nov. 73 and 78; Domat, liv. 1, tit. 7; et tom. 2, liv. 3, tit. 1, s. 5, n. 26. The depositary is bound to return the deposit in individuo, and in the same state in which he received it; if it is lost, or injured, or spoiled by his fraud, or gross negligence, he is responsible to the extent of the loss or injury. Jones's Bailm. 36, 46, 120; 17 Mass. R. 479; 2 Hawk. N. Car. R. 145; 1 Dane's Abr. ch. 17, art. 1 and 2. He is also bound to restore, not only the thing deposited, but any increase or profits, which may have accrued from it; if an animal deposited brings young, the latter are to be delivered to the owner. Story on Bailm. § 99. DEPOSITARY, contracts. He with whom a deposit is confided or In general it may be laid down made. It is of the essence of the that a depositary has no right to use contract of deposit, that it should be the thing deposited. Bac. Abr. gratuitous on the part of the deposi- Bailm. D; Jones's Bailm. 81, 82; tary. 9 M. R. 470. Being a bailee 1 Dane's Abr. ch. 17, art. 11, § 2. without reward, the depositary is But this proposition must be received bound to slight diligence only, and with many qualifications. There he is not therefore answerable except are certain cases, in which the use for gross neglect. 1 Dane's Abr. of the thing may be necessary for ch. 17, art. 2. But in every case the due preservation of the deposit. good faith requires, that he should There are others, again, where it take reasonable care; and what is would be mischievous; and others, reasonable care, must materially de-again, where it would be, if not benepend upon the nature and quality of ficial, at least indifferent. Jones's the thing, the circumstances under Bailm. 81. 82; Owen's R. 123, 124; which it is deposited, and sometimes 2 Salk. 522; 2 Kent's Comm. 450. upon the character and confidence, The best general rule on the subject and particular dealing of the parties. is to consider, whether there may or See 14 Serg. & Rawle, 275. The may not be an implied consent, on degree of care and diligence is not the part of the owner to the use. altered by the fact, that the depositary If the use would be for the benefit of is the joint owner of the goods with the deposit, the assent of the owner the depositor; for in such a case, if may well be presumed; if to his inthe possessor is guilty of gross negli-jury or perilous, it ought not to be gence, he will still be responsible, in presumed; if the use would be indifthe same manner as a common depo-ferent, and other circumstances do sitary, having no interest in the thing. not incline either way, the use may be deemed not allowable. DEPOSITION, evidence, is the testimony of a witness reduced to writing in due form of law, taken by virtue of a commission or other authority of a competent tribunal. Before it is taken the witness ought to be sworn or affirmed to declare the truth, the whole truth, and nothing but the truth. It should properly be written by the commissioner appointed to take it, or by the witness himself; 3 Penna. R. 41; or by one not interested in the matter in dispute, who is properly authorised by the commissioner. 8 Watts's R. 406,524. It ought to answer all the interrogatories, and be signed by the witness when he can write, and by the commissioner: when the witness cannot write it ought to be so stated, and he should make his mark or cross. Depositions in criminal cases cannot be taken without the consent of the defendant. Vide, generally, 1 Phil. Ev. 286; 1 Vern. 413, note; Ayl. Pand. 206; 2 Supp. to Ves. jr. 309; 7 Vin. Ab. 553; 12 Vin. Ab. 107; Dane's Ab. Index, h. t.; Com. Dig. Chancery, P8, T4, T5; Com. Dig. Testmoigne, C 4. Jones's | before any chancellor, justice, or The act of September 24, 1789, s. 30, 1 Story's L. U. S. 64, directs that when the testimony of any person shall be necessary in any civil cause depending in any district, in any court of the United States, who shall live at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of such district, and to a greater distance from the place of trial than as aforesaid, before the time of trial, or is ancient, or very infirm, the deposition of such person may be taken, de bene esse, before any justice or judge of any of the courts of the United States, or 3 The act of January 24, 1827, Story's L. U. S. 2040, authorises the clerk of any court of the United States within which a witness resides or where he is found, to issue a subpœna to compel the attendence of such witness, and a neglect of the witness to attend may be punished by the court whose clerk has issued the subpoena as for a contempt. And when papers are wanted by the parties litigant the judge of the court within which they are, may issue a subpœna duces tecum, and enforce obedience by punishment as for a contempt. For the form and style of deposi tions, see Gresl. Eq. Ev. 77. the adverse party, be by him, the equity, may, according to the usages said magistrate, sealed up and direct-in chancery, direct to be taken. ed to such court, and remain under his seal until opened in court. And any person may be compelled to appear and depose as aforesaid, in the same manner as to appear and testify in court. And in the trial of any cause of admiralty or maritime jurisdiction in a district court, the decree in which may be appealed from, if either party shall suggest to and satisfy the court, that probably it will not be in his power to produce the witnesses, there testifying, before the circuit court, should an appeal be had, and shall move that their testimony shall be taken down in writing, it shall be so done by the clerk of the court. And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction of the court, which shall try the appeal, that the witnesses are then dead, or gone out of the United States, or to a greater distance than as aforesaid, from the place where the court is sitting; or that, by reason of age, sickness, bodily infirmity, or imprisonment, they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions may have been taken therein, such depositions shall not be admitted or used in the cause. Provided, That nothing herein shall be construed to prevent any court of the United States from granting a dedimus protestatem, to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice; which power they shall severally possess; nor to extend to depositions taken in perpetuam rei memoriam, which, if they relate to matters that may be cognizable in any court of the United States, a circuit court, on application thereto made as a court of DEPOSITOR, contracts, is he who makes a deposit. He is generally entitled to receive the deposit from the depositary, but to this rule there are exceptions; as when the depositor at the time of making the deposit had no title to the property deposited, and the owner claims it from the depositary, the depositor cannot recover it; and for this rea son, that he can never be in a better situation than the owner. 1 Barn. & Ald. 450; 5 Taunt. 759. As to the place where the depositor is entitled to receive his deposit, see Story on Bailm. § 117-120. DEPREDATION, French law, is the pillage which is made of the goods of a decedent. Ferr. Mod. h. t. DEPRIVATION, ecclesiastical punishment, is a censure by which a clergyman is deprived of his parsonage, vicarage, or other ecclesiastical promotion or dignity. Vide Ayliffe's Parerg. 206; 1 Bl. Com. 393. DEPUTY, one authorised by an officer to exercise the office or right which the officer possesses, for and in place of the latter. In general ministerial officers can appoint deputies, Com. Dig. Officer, D 1, unless the office is to be exercised by the ministerial officer in person; and where the office partakes of a judicial and ministerial character, although a deputy may be made of ministerial acts, one cannot be made to authorise the performance of a judicial act; a sheriff cannot therefore make a deputy to hold an inquisition, under a writ of inquiry, though he may appoint a deputy to serve a writ. In general a deputy has power to do every act which his principal might do; but a deputy cannot make a deputy. A deputy should always act in the name of his principal. The principal is liable for the deputy's acts performed by him as such, and for the neglect of the deputy. Dane's Ab. vol. 3, c. 76, a. 2; and the deputy is liable himself to the person injured for his own tortious acts. Dane's Ab. Index, h. t.; Com. Dig. Officer, D;-Viscount, B; Vide 7 Vin. Ab. 556; Arch. Civ. Pl. 68; 16 John. R. 106. DEPUTY ATTORNEY GENERAL, an officer appointed by the attorney-general, who is to hold his office during the pleasure of the latter, and whose duty it is to perform, within a specified district, the duties of the attorney-general. He must be a member of the bar. DEPUTY DISTRICT ATTORNEYS. The act of congress of March 3, 1815, 2 Story L. U. S. 1530, authorises and directs the district attorneys of the United States to appoint by warrant, an attorney as their substitute or deputy in all cases when necessary to sue or prosecute for the United States, in any of the state or county courts, by that act invested with certain jurisdiction, within the sphere of whose jurisdiction the said district attorneys do not themselves reside or practice; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty. DERELICT, common law. This term is applied in the common law in a different sense from what it bears in the civil law. In the former it is applied to lands left by the sea. When so left by degrees the derelict land belongs to the owner of the soil adjoining, but when the sea retires suddenly, it belongs to the government. 2 Bl. Com. 262; 1 Bro. Civ. Law, 239. DERELICTO, civil law, are goods voluntarily abandoned by their owner; he must, however, leave them, not only sine spe revertendi, but also sine animo revertendi; his intention to abandon them may be inferred by a great length of time during which he may have been out of possession, without any attempt to regain it. 1 Bro. Civ. Law, 239; 2 Bro. Civ. Law, 51; Wood's Civ. Law, 156; 19 Amer. Jur. 219, 221, 222; Dane's Ab. Index, h. t.; 1 Ware's R. 41. DEROGATION, civil law, is the partial abrogation of a law; to derogate from a law is to enact something which is contrary to it; to abrogate a law is to abolish it entirely. Dig. lib. 50, t. 17, l. 102. DESCENDANTS are the pos terity, or those who have issued from an individual, and include his chil. dren, grandchildren, and their children to the remotest degree. Ambl. 327; 2 Bro. C. C. 30; Ib. 230; 3 Bro. C. C. 367; 1 Rop. Leg. 115. The descendants form what is called the direct descending line. Vide Line. The term is opposed to that of ascendants, (q. v.) There is a difference between the number of ascendants and descendants which a man may have; every one has the same order of ascendants, though they may not be exactly alike as to numbers, because some may be descended from a common ancestor. In the line of descendants they fork differently according to the number |