Blacks Law Dict. 1st ed

DEPOSIT

356

DEPONE

ployment or office against his will. Wolffius, Inst. § 1063. The term is usually applied to the deprivation of all authority of a sov ereign. DEPOSIT. A naked bailment of goods to be kept for the depositor without reward, and to be returned when he shall require it. Jones, Bailm. 36, 117; 9 Mass. 470. A bailment of goods to be kept by the bailee without reward, and delivered accord ing to the object or purpose of the original trust. Story, Bailm. § 41. A deposit, in general, is an act by which a person receives the property of another, binding himself to preserve it and return it in kind. Civil Code La. art. 2926. When chattels are delivered by one person to another to keep for the use of the bailor, it is called a "deposit." The depositary may undertake to keep it without reward, or gra tuitously; it is then a naked deposit. If he receives or expects a reward or hire, he is then a depositary for hire. Very variant consequences follow the differences in the contract. Code Ga. 1882, § 2103. According to the classification of the civil law, deposits are of the following several sorts: (1) Necessary, made upon some sud den emergency, and from some pressing ne cessity; as, for instance, in case of a fire, a shipwreck, or other overwhelming calamity, when property is confided to any person whom the depositor may meet without prop er opportunity for reflection or choice, and thence it is called "miserabile depositum." (2) Voluntary, which arises from the mere consent and agreement of the parties. The common law has made no such division. There is another class of deposits called "in voluntary," which may be without the as sent or even knowledge of the depositor; as lumber, etc., left upon another's land by the subsidence of a flood. The civilians again divide deposits into "simple deposits," made by one or more per sons having a common interest, and "seques trations," made by one or more persons, each of whom has a different and adverse interest in controversy touching it; and these last are of two sorts,—"conventional," or such as are made by the mere agreement of the par ties without any judicial act; and "judicial," or such as are made by order of a court in the course of some proceeding. There is another class of deposits called "irregular," as when a person, having a sum of money which he does not think safe in his own hands, confides it to another, who is to

DEPONE. In Scotch practice. To de pose; to make oath in writing. DEPONENT. In practice. One who deposes (that is, testifies or makes oath in writing) to the truth of certain facts; one who gives under oath testimony which is re duced to writing; one who makes oath to a written statement. The party making an af fidavit is generally so called. The word "depone," from which is derived "de ponent, " has relation to the mode in which the oath is administered, (by the witness placing his hand upon the book of the holy evangelists,) and not as to whether the testimony is delivered oral ly or reduced to writing. "Deponent" is included in the term "witness," but "witness" is more gen eral. 47 Me. 248. DEPONES,. In old Scotch practice. A deponent. 3 How. State Tr. 695. DEPOPULATIO AGRORUM. In old English law. The crime of destroying, rav aging, or laying waste a country. 2 Hale, P.O. 333; 4B1. Comm. 373. DEPOPULATION. In old English law. A species of waste by which the population of the kingdom was diminished. Depopula tion of houses was a public offense. 12 Coke, 80, 81. DEPORTATIO. Lat. In the civil law. A kind of banishment, where a condemned person was sent or carried away to some for eign country, usually to an island, (in insu lam deportatur,) and thus taken out of the number of Roman citizens. DEPORTATION. Banishment to a for eign country, attended with confiscation of property and deprivation of civil rights. A punishment derived from the deportatio (q. t>.) of the Roman law, and still in use in France. In Roman law. A perpetual banish ment, depriving the banished of his rights as a citizen; it differed from relegation (q. v.) and exile, (q. v.) 1 Brown, Civil & Adm. Law, 125, note; Inst. 1, 12, 1, and 2; Dig. 48, 22, 14, 1. DEPOSE. In practice. In ancient usage, to testify as a witness; to give evi dence under oath. In modern usage. To make a deposi tion; to give evidence in the shape of a dep osition ; to make statements which are writ ten down and sworn to; to give testimony which is reduced to writing by a duly-quali fied officer and sworn to by the deponent. To deprive an individual of a public em

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