Blacks Law Dict. 1st ed

DENUNCIATION

355

DEPESAS

A departure, in pleading, is when a party quits or departs from the case or defense which he has first made, and has recourse to another. 49 Ind. Ill; 16 Johns. 205; 13 N. Y. 83, 89. A departure takes place when, in any pleading, the party deserts the ground that he took in his last antecedent pleading, and resorts to another. Steph. PI. 410. Or, in other words, when the sec ond pleading contains matter not pursuant to the former, and which does not support and fortify it. Co Litt. 804a. Hence a departure obviously can never take place till the replication. Steph. PL 410. Each subsequent pleading must pursue or support the former one; i. e., the replication must support the declaration, and the rejoinder the plea, without departing out of it. 8 BL Comm. 810. DEPARTURE IN DESPITE OP COURT. In old English practice. The tenant in a real action, having once appeared, was considered as constructively present in court until again called upon. Hence if, upon being demanded, he failed to appear, he was said to have "departed in despite [*. e., contempt] of the court." DEPASTURE. In old English law. To pasture. "If a man depastures unprofitable cattle in his ground." Bunb. 1, case 1. DEPECULATION. A robbing of the prince or commonwealth; an embezzling of the public treasure. DEPENDENCY. A territory distinct from the country in which the supreme sov ereign power resides, but belonging right fully to it, and subject to the laws and regu lations which the sovereign may think prop er to prescribe. 3 Wash. C. C. 286. It differs from a colony, because it is not settled by the citizens of the sovereign or mother state; and from possession, because it is held by other title than that of mere con quest. DEPENDENT CONTRACT. One which depends or is conditioned upon an other. One which it is not the duty of the contractor to perform until some obligation contained in the same agreement has been performed by the other party. Ham. Parties, 17, 29, 30, 109. DEPENDENT COVENANTS are those in which the performance of one depends on the performance of the other. DEPENDING. In practice. Pending or undetermined; in progress. See 5 Coke, 47. DEPESAS. In Spanish-American law. Spaces of ground in towns reserved for com mons or public pasturage. 12 Pet. 443, note.

In Scotch practice. The act by which a person is declared to be a rebel, who has disobeyed the charge given on letters of horn ing. Bell. DENUNTIATIO. In old English law. A public notice or summons. Bract. 2026. DEODAND. (L. Lat. Deo dandum, a thing to be given to God.) In English law. Any personal chattel which was the immedi ate occasion of the death of any reasonable creature.and which was forfeited to the crown to be applied to pious uses, and distributed in alms by the high almoner. 1 Hale, P. C. 419; Fleta, lib. 1, c. 25; 1 Bl. Comm. 300; 2 Steph. Comm. 365. DEOR HEDGE. In old English law. The hedge inclosing a deer park. DEPART. In pleading. Toforsake or abandon the ground assumed in a former pleading, and assume a new one. See DE PARTURE. In maritime law. To leave a port; to be out of a port. To depart imports more than to sail, or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warranty not only that she shall sail, but that she shall be out of the port on or before that day. 3 Maule & S. 461; 3 Kent, Comm. 307, note. "To depart" does not mean merely to break ground, but fairly to set forward upon the voyage. 6 Taunt. 241. DEPARTMENT. 1. One of the territo rial divisions of a country. The term is chiefly used in this sense in France, where the division of the country into departments is somewhat analogous, both territorially and for governmental purposes, to the division of an American state into counties. 2. One of the divisions of the executive branch of government. Used in this sense in the United States, where each department is charged with a specific class of duties, and comprises an organized staff of officials; e. g., the department of state, department of war, etc. DEPARTURE. In maritime law. A deviation from the course prescribed in the policy of insurance. In pleading. The statement of matter in a replication, rejoinder, or subsequent plead ing, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify it. 2 Williams, Saund. 84a, note 1; 2 Wils. 98; Co. Iitt. 304a.

Archive CD Books USA