Blacks Law Dict. 1st ed

DEPOT

358

DERELICTION

by an ageut and by a deputy. An agent can only bind his principal when he does the act in the name of the principal. Bat a deputy may do the act and sign his own name, and it binds his prin cipal; for a deputy has, in law, the whole power of his principal. Wharton. DEPUTY LIEUTENANT. The dep uty of a lord lieutenant of a county in Eng land. DEPUTY STEWARD. A steward of a manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward in per son. So an under steward or deputy may authorize another as subdeputy, pro hac vice, to hold a court for him; such limited author ity not being inconsistent with the rule dele gatus nonpotest delegate. Wharton. DERAIGN. Seems to mean, literally, to confound and disorder, or to turn out of course, or displace; as deraignment or de parture out of religion, in St. 31 Hen. VIII. c. 6. In the common law, the word is used generally in the sense of to prove; viz., to deraign a right, deraign the warranty, etc. Glanv. lib. 2, c. 6; Fitzh. Nat. Brev. 146. Peihaps this word "deraign," and the word "deraignment," derived from it, may be used in the sense of to prove and a proving, by disproving of what is asserted in opposition to truth and fact. Jacob. DERECHO. In Spanish law. Law or right. Derecho comun, common law. The civil law is so called. A right. Derechos, rights. DERELICT. Forsaken; abandoned; de serted; cast away. Personal property abandoned or thrown away by the owner in such manner as to in dicate that he intends to make no further claim thereto. 2 Bl. Comm.9; 2 Reeve, Eng. Law, 9. Land left uncovered by the receding of water from its former bed. 2 Rolle, Abr. 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 109. DERELICTION. The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (q. v.) Dyer, 326&; 2 Bl. Comm. 262; 1 Steph. Comm. 419. In the civil law. The voluntary aban donment of goods by the owner, without the hope or the purpose of returning to the pos session. 12 Ga. 473; 2 Bl. Comm. 9.

Precarium and sequestre were two varieties of the deponitum. DEPOT. In the French law, is the depos itum of the Roman and the deposit of the English law. It is of two kinds, being either (1) dSpdt simply so called, and which may be either voluntary or necessary, and (2) s6ques~ tre, which is a deposit made either under an agreement of the parties, and to abide the event of pending litigation regarding it, or by viitue of the direction of the court or a judge, pending litigation regarding it. Brown; Civil Code La. 2897. DEPRAVE. To defame; vilify; exhibit contempt for. In England it is a criminal of fense to "deprave" the Lord's supper or the Book of Common Prayer. Steph. Crim. Dig. 99. DEPREDATION. In French law. The pillage which is made of the goods of a de cedent. DEPRIVATION. In English ecclesias tical law. The taking away from a clergy man his benefice or other spiritual promotion or dignity, either by sentence declaratory in the proper court for fit and sufficient causes or in pursuance of divers penal statutes which declare the benefice void for some non-feas ance oi neglect, or some malfeasance or crime. 3 Steph. Comm. 87, 88; Burn, Ecc. Law, tit. "Depiivation." DEPRIVE. In a constitutional provision that no person shall be "deprived of his property" without due process of law, this word is equivalent to the term "take," and denotes a taking altogether, a seizure, a direct appropriation, dispossession of the owner. 21 Pa. St. 147. DEPUTIZE. To appoint a deputy; to appoint or commission one to act as deputy to an officer. In a general sense, the term is descriptive of empowering one person to act for another in any capacity or relation, but in law it is almost always restricted to the sub stitution of a person appointed to act for an officer of the law. DEPUTY. A substitute; a person duly authorized by an officer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. A deputy differs from an assignee, in that an as signee has an interest in the office itself, and does all things in his own name, for whom his grantor shall not answer, except in special cases; hut a deputy has not any interest in the office, and is only the shadow of the officer in whose name he acts. And there is a distinction in doing an act

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