Blacks Law Dict. 1st ed

DESPERATE DEBT

360

DESCRIPTION

DESHONORA. In Spanish law. Dis honor; injury; slander. Las Partidas, pt. 7, tit. 9, L 1, 6. DESIGN. In the law of evidence. Pur pose or intention, combined with plan, or im plying a plan in the mind. Burrill, Circ Ev. 331. As a term of art, the giving of a visible form to the conceptions of the mind, or in vention. 4 Wash. C. C. 48. Designatio justiciariorum est a rege; jurisdictio vero ordinaria a lege. 4 Inst. 74. The appointment of justices is by the king, but their ordinary jurisdiction by the law. DESIGNATIO PERSON2E. The de scription of a person or a party to a deed or contract. Designatio unius est exclusio alterius, et expressum facit cessare taciturn. Co. Litt. 210. The specifying of one is the ex clusion of another, and that which is ex pressed makes that which 13 understood to cease. DESIGNATION. A description or de scriptive expression by which a person or thing is denoted in a will without using the name. DESIRE. This term, used in a will in re lation to the management and distribution of property, is sufficient to create a trust, al though it is precatory rather than imperative. 78 Ky. 123. DESLINDE. A term used in the Span ish law, denoting the act by which the bound aries of an estate or portion of a country are determined. DESMEMORIADOS. In Spanish law. Persons deprived of memory. White, New Recop. b. 1, tit. 2, c. 1, § 4. DESPACHEURS. In maritime law. Persons appointed to settle cases of average. DESPATCHES. Official communications of official persons on the affairs of govern ment. D E S P E R A T E . Hopeless; worthless. This term is used in inventories and sched ules of assets, particularly by executors, etc., to describe debts or claims which are con sidered impossible or hopeless of collection. See 11 Wend. 365. DESPERATE DEBT. A hopelew debt; an irrecoverable obligation.

DESCRIPTION. 1. A delineation or account of a particular subject by the recital of its characteristic accidents and qualities. 2. A written enumeration of items com posing an estate, or of its condition, or of titles or documents; like an inventory, but with more particularity, and without involv ing the idea of an appraisement. 3. An exact written account of an article, mechanical device, or process which is the subject of an application for a patent. 4. A method of pointing out a particular person by referiing to his relationship to some other person or his character as an officer, trustee, executor, etc. 5. That part of a conveyance, advertise ment of sale, etc., which identifies the land intended to be affected. DESERT. To leave or quit with an in tention to cause a permanent separation; to forsake utterly; to abandon. DESERTION. The act by which a per son abandons and forsakes, without justifi cation, or unauthorized, a station or con dition of public or social life, renouncing its responsibilities and evading its duties. The act of forsaking, deserting, or aban doning a person with whom one is legally bound to live, or for whom one is legally bound to provide, as a wife or husband. The act by which a man quits the society of his wife and children, or either of them, and renounces his duties towards them. "For the purposes of this case it is sufficient to say that the offense of desertion consists in the ces sation of cohabitation, coupled with a determi nation in the mind of the offending person not to renew it." 43 Conn. 818. An offense which consists in the abandon ment of his duties by a person employed in the public service, in the army or navy, with out leave, and with the intention not to return. In respect to the military service, there is a dis tinction between desertion and simple absence without leave. In order to constitute desertion, there must be both an absence and an intention not to return to the service. 115 Mass. 836. DESERTION OP A SEAMAN. The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in the maritime law, is meant, not n mere unauthorized absence from the ship without leave, but an unauthorized absence from the ship, with an intention not to return to her service, or, as it is often expressed, animo non reoertenlb; that is, with an intention to desert. 3 Story, 108.

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