Blacks Law Dict. 1st ed

357

DEPOSIT

DEPOSITUM

return to him, not the 3ame money, but a like sum when he shall demand it. There is also a "quasi deposit," as where a person comes lawfully to the possession of another person's property by finding it; and a "special deposit" of money or bills in a bank, where the specific money, the very silver or gold, coin or bills, deposited, are to be restored, and not an equivalent. Story, Bailm. § 44, et seq. The difference between a deposit and a mandate is that while the object of a deposit is that the thing bailed be kept, simply, the object of a man date is that the thing may be transported from point to point, or that something be done about it. 8 Ga. 178. Deposits made with bankers may be divided in to two classes,—those in which the bank becomes bailee of the depositor, the title to the thing de posited remaining with the latter; and that kind peculiar to banking business, in which the depos itor, for his own convenience, parts with the title to his money, and loans it to the banker, and the latter, in consideration of the loan of the money, and the right to use it for his own profit, agrees to refund the same amount, or any part thereof, on demand. Money collected by one bank for anoth er, placed by the collecting bank with the bulk of its ordinary banking funds, and credited to the transmitting bank in account, becomes the money of the former. It is a deposit of the latter class. 2 Wall. 252. Deposit, in respect to dealings of banks, includes not only a bailment of money to be returned in the same identical specie, but also all that class of contracts where money is placed in the hands of bankers to be returned, in other money, on calL 15 N. Y. 9, 166,16S. The word is also sometimes used to desig nate money lodged with a person as an ear nest or security for the periormance of some contract, to be forfeited if the depositor fails in his undertaking. DEPOSIT ACCOUNT. An account of sums lodged with a bank Hot to be drawn upon by checks, and usually not to be with drawn except after a fixed notice. DEPOSIT COMPANY. A company whose business is the safe-keeping of securi ties or other valuables deposited in boxes or safes in its building which are leased to the depositors. DEPOSIT, GRATUITOUS. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. Civil Code Cal. § 1844. DEPOSIT OF TITLE-DEEDS. A method of pledging real property as security for a loan, by placing the title-deeds of the land in the keeping of the lender as pledgee.

DEPOSITARY. The party receiving a deposit; one with whom anything is lodged in trust, as "depository" is the place where it is put. The obligation on the part oi the depositary is that he keep the thing with reasonable care, and, upon request, restore it to the depositor, or otherwise deliver it, according to the original trust. DEPOSITATION. In Scotch law. De posit or depositum, the species of bailment so called. Bell. DEPOSITION. The testimony of a wit ness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intend ed to be used upon the trial of an action in court. A deposition is a written declaration un der oath, made upon notice to the adverse party for the purpose of enabling him to at tend and cross-examine; or upon written in terrogatories. Code Civil Proc. Cal. § 2004; Code Civil Proc. Dak. § 465. A deposition is evidence given by a witness un der interrogatories, oral or written, and usually written down by an official person. In its generic sense, it embraces all written evidence verified by oath, and includes affidavits; but, in legal lan guage, a distinction is maintained between depo sitions and affidavits. 3 Blatchf. 456. The term sometimes is used in a special sense to denote a statement made orally by a person on oath before an examiner, com missioner, or officer of the court, (but not in open court,) and taken down in writing by the examiner or under his direction. Sweet. In ecclesiastical law. The act of de priving a clergyman, by a competent tribu nal, of his clerical orders, to punish him for some offense and to prevent his acting in fut ure in his clerical character. Ayl. Par. 206. DEPOSITO. In Spanish law Deposit; the species of bailment so called. Schm. Civil Law, 193. DEPOSITOR. One who makes a deposit. DEPOSITORY. The place where a de posit (q. v.) is placed and kept. DEPOSITUM. One of the four real con tracts specified by Justinian, and having the following characteristics: (1) The deposi tary or depositee is not liable for negligence, however extreme, but only for fraud, dolus; (2) the property remains in the depositor, the depositary having only the possession.

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