KFLCC Kingdom Law 2nd Ed.

DE8CRIPTI0 PERSONS

360

DESIGNATIO JUSTICIARIORUM

DESCRIPTIO PERSONS. Lat. De scription of the person. By this Is meant a word or phrase used merely for the purpose of identifying or pointing out the person in tended, and not as an intimation that the language in connection with which it occurs Is to apply to him only in the official or tech nical character which might appear to be In dicated by the word. DESCRIPTION. 1. A delineation or ac count 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 referring to his relationship to some other person or his character as an of ficer, 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. In matrimonial and divorce law. An actual abandonment or breaking off of matri monial cohabitation, by either of the parties, and a renouncing or refusal of the duties and obligations of the relation, with an intent to abandon or forsake entirely and not to re turn to or resume marital relations, occurring without legal justification either in the con sent or the wrongful conduct of the other party. State v. Baker, 112 La. 801, 36 South. 703; Bailey v. Bailey, 21 Grat. (Va.) 47; Ingersoll v. Ingersoll, 49 Pa. 250, 88 Am. Dec. 500; Droege v. Droege, 55 Mo. App. 482; Bar nett v. Barnett, 27 Ind. App. 466, 61 N. E. 737; Williams v. Williams, 130 N. Y. 193, 29 N. E. 98, 14 L. R. A. 220, 27 Am. St Rep. 517; Magrath v. Magrath, 103 Mass. 579, 4 Am. Rep. 579; Cass v. Cass, 31 N. J. Eq. 626; Ogilvie v. Ogilvie, 37 Or. 171, 61 Pac. 627; Tirrell v. Tirrell, 72 Conn. 567, 45 Atl. 153, 47 L. R, A. 750; State v. Weber, 48 Mo. App. 504. In military law. An offense which con sists in the abandonment of his post and duties by a person commissioned or enlisted in the army or navy, without leave and with the intention not to return. Hollingsworth •. Shaw, 19 Ohio St 432, 2 Am. Rep. 411;

In re Sutherland (D. C.) 53 Fed. 551. There is a difference between desertion and simple "absence without leave;" in order to consti tute the former, there must be an intention not to return to the service. Hanson v. South Scituate, 115 Mass. 336. In maritime law. The act by which a seaman deserts and abandons a ship or ves sel, 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 a mere unauthor ized absence from the ship without leave, but an unauthorized absence from the ship, with an intention not to return to her serv ice, or, as it is often expressed, animo non revertendi; that is, with an intention to de sert Coffin v. Jenkins, 3 Story, 108, Fed. Cas. No. 2,948; The Union (D. C.) 20 Fed. 539; The Mary C. Conery (D. C.) 9 Fed. 223; The George, 10 Fed. Cas. 204. DESHONORA. In Spanish law. Dis honor ; injury; slander. Las Partidas, pt. 7, tit 9, 1. 1, & 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; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 Wis. 226. As a term of art,'the giving of a visible form to the conceptions of the mind, or in vention. Binns v. Woodruff, 4 Wash. C. C. 48, Fed. Cas. No. 1,424. In patent law. The drawing or depiction of an original plan or conception for a novel pattern, model, shape, or configuration, to be used in the manufacturing or textile arts or the fine arts, and chiefly of a decorative or ornamental character. "Design patents" are contrasted with "utility patents," but equally involve the exercise of the inventive or origi native faculty. Gorham Co. v. White, 14 Wall. 524, 20 L. Ed. 731; Manufacturing Co. v. Odell (D. C.) 18 Fed. 321; Binns v. Wood ruff, 3 Fed. Cas. 424; Henderson y. Tomp kins (C. C.) 60 Fed. 758. "Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, and the like, taken as a whole, makes an im pression, through the eye, upon the mind of the observer. The essence of a design resides, not in the elements individually, nor in their meth od of arrangement, but in the tout ensemble—in that indefinable whole that awakens some sen sation in the observer's mind. Impressions thus imparted may be complex or simple; in one a mingled impression of gracefulness and strength, in another the impression of strength alone. But whatever the impression, there is attached in the mind of the observer, to the object ob served, a sense of uniqueness and character." Pelouze Scale Co. v. American Cutlery Co., 102 Fed. 918, 43 C. C. A. 52. Designatio justiciariorum est a regej jnrisdictio vero ordinaria a lege. 4 Inst 74. The appointment of justices is by the