KFLCC Kingdom Law 2nd Ed.

358

DEPRIVATION

DERELICTION

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 feasance or neglect, or some malfeasance or crime. 3 Steph. Comm. 87, 88; Burn, Ecc. Law, tit "Deprivation." of his prop erty" without due process of law, this word is equivalent to the term "take," and de notes a taking altogether, a seizure, a direct appropriation, dispossession of the owner. Sharpless v. Philadelphia, 21 Pa. 167, 59 Am. Dec. 759; Wynehamer v. People, 13 N. Y. 467; Munn v. People, 69 111. 88; Grant v. Courter, 24 Barb. (N. Y.) 238. To appoint a deputy; to ap point 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 }n law it is almost always restricted to the sub stitution of a person appointed to act for an officer of the law. 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. Carter v. Hornback, 139 Mo. 238, 40 S. W. 893; Herring v. Lee, 22 W. Va. 667; Erwin v. U. S. (D. O.) 37 Fed. 476, 2 L. R. A. 229; Wil lingham v. State, 21 Fla. 776; Ellison v. Stevenson, 6 T. B. Mon. (Ky.) 271; People v. Barker, 14 Misc. Rep. 360, 35 N. Y. Supp. 727. A deputy differs from an assignee, in that an assignee 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 cas es'; but 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 by an agent and by a deputy. An agent can only bind his principal when he does the act in the name of the principal. But a deputy may do the act and sign his own name, and it binds his principal; for a deputy has^ in law, the whole power of his principal. Wharton. —Deputy consul See COWSUL.—Deputy lieutenant. The deputy of a lord lieutenant of a county in England.—Deputy sheriff. One appointed to act in the place and stead of the sheriff in the official business of the latter's of fice. A general deputy (sometimes called "un dersheriff") is one who, by virtue of his appoint ment, has authority to execute all the ordinary duties of the office of sheriff, and who executes process without any special authority from his principal. A special deputy, who is an officer pro hoc vice, is one appointed for a special oc casion or a special service, as, to serve a par ticular writ or to assist in keeping the peace •when a riot or tumult is expected or in prog ress. He acts under a specific and not a gen eral appointment and authority. Allen v. Smith, 12 N. J. law, 162; "Wilson v. Russell. 4 Dak. S76, 31 N. W G45.— Deputy .teward! DEPRIVE. In a constitutional provision that no person shall be "deprived DEPUTIZE. DEPUTY.

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 person. So an under steward or deputy may authorize another as subdeputy, pro hao vice, to hold a court for him; such limited authority not be ing inconsistent with the rule delegatus non potest delegare. Wharton. 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. Perhaps 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. DERAIGN. 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. Oomm. 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. In maritime law. A boat or vessel found entirely deserted or abandoned on the sea, without hope or intention of recovery or re turn by the master or crew, whether result ing from wreck, accident, necessity, or volun tary abandonment. U. S. v. Stone (0. C) 8 Fed. 243; Cromwell v. The Island City, 1 Black, 121, 17 L. Ed. 70; The Hyderabad (D. C.) 11 Fed. 754; The Fairfield (D. C.) 30 Fed. 700; The Aquila, 1 C. Rob. 41. -—Quasi derelict. When a vessel, without be ing abandoned, is no longer under the control or direction of those on board, (as where part of the crew are dead, and the remainder are physi cally and mentally incapable of providing for their own safety,) she is said to be quasi dere lict. Sturtevant v. Nicholaus, 1 Newb. Adm. 449, Fed. Oas. No. 13,578. The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (g. v.) Dyer, 326&; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Linth icum v. Coan, 64 Md. 439, 2 AtL 826, 54 Am. Rep. 775; Warren v. Chambers, 25 Ark. 120, 91 Am Dec. 538, 4 Am. Rep. 23; Sapp v. DERELICTION. DERECHO. In Spanish law. Law or right. Derecho comun, common law. The civil law is so called. A right. Derechos, rights. Also, specifically, an impost laid up on goods or provisions, or upon persons or lands, by way of tax or contribution. Noe v. Card, 14 Cal. 576, 608.