KFLCC Kingdom Law 2nd Ed.

357

DEPREDATION

DEPOSIT

I n ecclesiastical law. The act of depriv ing a clergyman, by a competent tribunal, of his. clerical orders, to punish him for some offense and to prevent his acting in future 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 (g. v.) is placed and kept United States depositories. Banks select ed and designated to receive deposits of the pub lic funds of the United States are so called. DEPOSITUM. La t In the civil law. One of the forms of the contract of bailment being a naked bailment of goods to be kept for the use of the 'bailor without reward. Foster v. Essex Bank, 17 Mass. 498, 9 Am. Dec. 168; Coggs v. Bernard, 2 Ld. Raym. 912. See DEPOSIT. One of the four real contracts specified by Justinian, and having the following character istics: (1) The depositary 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. Precarium and sequestre were two varieties of the depositum. DEPOT. In French law. The deposi tum of the Roman and the deposit of the English law. It is of two kinds, being either (1) d6p6t simply so called, and which may be either voluntary or necessary, and (2) seques 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 virtue of the direction of the court or a judge, pending litigation regarding it Brown; Civ. Code La. 2897. In American law. (1) A railroad freight or passenger station; a place on the line of a railroad where passengers may enter and leave the trains and where freight is deposit ed for delivery; but more properly, only a place where the carrier is accustomed to re ceive merchandise, deposit it, and keep it ready for transportation or delivery. Maghee v. Transportation Co., 45 N. Y. 520, 6 Am. Rep. 124; Hill v. Railroad Co. (Tex. Civ. App.) 75 S. W. 876; Karnes v. Drake, 103 Ky. 134, 44 S. W. 444; Railroad Co. v. Smith, 71 Ark. 189, 71 S. W. 947; State v. New Haven & N. Co., 37 Conn. 163. (2) A place where military stores or supplies are kept or troops assembled. U. S. v. Caldwell, 19 Wall. 268, 22 L. Ed. 114. 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. Pil lage, waste, or spoliation of goods, particular ly of the estate of a decedent DEPRAVE.

A general deposit (the ordinary form) is one which is to be repaid on demand, in whole or In part as called for, in any current money, not the same pieces of money deposited. In this case, the title to the money deposited passes to the bank, which becomes debtor to the depositor for the amount. A special deposit is one in which the depositor is entitled to the return of the identical thing deposited (gold, bullion, se curities, etc.) and the title to the property re mains in him, the deposit being usually made only for purposes of safe-keeping. Shipman v. State Bank, 59 Hun, 621, 13 N. Y. Supp. 475; State v. Clark, 4 Ind. 315; Brahm v. Adkins, 77 111. 263; Marine Bank v. Fulton Bank, 2 Wall. 252,17 L. Ed. 785. There is also a specif ic deposit, which exists where money or proper ty is given to a bank for some specific and par ticular purpose, as a note for collection, money to pay a particular note, or property for some other specific purpose. Officer v. Officer, 120 Iowa, 389, 94 N W. 947, 98 Am. St. Rep. 365. —Deposit account. An account of sums lodged with a bank not to be drawn upon by checks, and usually not to be withdrawn except after a fixed notice.—Deposit company. A company whose business is the safe-keeping of securities or other valuables deposited in boxes or safes in its building which are leased to the depositors.—Deposit of title-deeds. A meth od 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. 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 of 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. Lutcher v. U. S., 72 Fed. 972, 19 C. C. A. 259; Indianapolis Water Co. v. Amer ican Strawboard Co. (C. C.) 65 Fed. 535. 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 Civ. Proc. Cal. § 2004; Code Civ. Proc. Dak. § 465. A deposition is evidence given by a witness under interrogatories, oral or written, and usu ally written down by an official person. In its generic sense, it embraces all written evidence verified by oath, and includes affidavits; but, in legal language, a distinction is maintained between depositions and affidavits. Stimpson v. Brooks, 3 Blatchf. 456, Fed. Cas. No. 13,454. 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 DEPOSITARY.