KFLCC Kingdom Law 2nd Ed.

DESTROY

DESIGNATIO PERSONS

361

DESPOIL. This word involves. In Its signification, violence or clandestine means by which one is deprived of that which he possesses. Its Spanish equivalent, despojar, is a term used in Mexican law. Sunol v.

king, but their ordinary jurisdiction by the law. DESIGNATIO PERSONS. The descrip tion of a person or a party to a deed or con tract Designatio nnius est exclusio altering, et express-am 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 is 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, has been interpreted by the courts with different shades of meaning, varying from the mere expression of a preference to a positive command. See McMurry v. Stan ley, 69 Tex. 227, 6 S. W. 412; Stewart v. Stewart, 61 N. J. Eq. 25, 47 Atl. 633; In re Marti's Estate, 132 Gal. 666, 61 Pac. 964; Weber v. Bryant, 161 Mass. 400, 37 N. E. 203; Appeal of City of Philadelphia, 112 Pa. 470, 4 Atl. 4; Meehan v. Brennan, 16 App. Div. 395, 45 N. Y. Supp. 57; Brasher v. Ma^sh, 15 Ohio St 111; Major v. Herndon, 78 Ky. 123. 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. DESPERATE. 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 Schultz v. Pulver, 11 Wend. (N. Y.) 365. —Desperate debt. A hopeless debt; an ir recoverable obligation. DESPITE. Contempt Despitz, con tempts. Kelham. DESPITUS. Contempt See DESPITE. A contemptible person. Fleta, lib. 4, c. 5. DESPOJAR. A possessory action of the Mexican law. It is brought to recover pos session of immovable property, of which one has been despoiled (despojado) by another. DESUNDE.

Hepburn, 1 Cal. 268. DESPONSATION. ing persons to each other. DESPOSORIO.

The act of betroth

In Spanish law. Es pousals ; mutual promises of future marriage. White, New Recop. b. 1, tit 6, c. 1, § 1. DESPOT. This word, in its original and most simple acceptation, signifies master and supreme lord; it is synonymous with mon arch ; but taken in bad part, as it is usually employed, it signifies a tyrant In some states, despot is the title given to the sover eign, as king Is given in others. Enc. Lond. —Despotism. That abuse of government where the sovereign power is not divided, but united in the hands of a single man, whatever may be his official title. It'is not, properly, a form of government. Toullier, Dr. Civ. Fr. tit. prel. n. 32. "Despotism" is not exactly synon ymous with "autocracy," for the former involves the idea of tyranny or abuse of power, which is not necessarily implied by the latter. Every despotism is autocratic; but an autocracy is not necessarily despotic.— Despotize. To act as a despot. Webster. DESRENABLE. I* Fr. Unreasonable. Britt c. 121. DESSAISISSEMENT. In French law. When a person is declared bankrupt, he Is immediately deprived of the enjoyment and administration of all his property; this dep rivation, which extends to all his rights, is called "dessaisissement." Arg. Fr. Merc. Law, 556. DESTINATION. The purpose to which it is intended an article or a fund shall be applied. A testator gives a destination to a legacy when he prescribes the specific use to which it shall be put The port at which a ship is to end her voy age is called her "port of destination." Par dessus, no. 600. DESTITUTE. A "destitute person" Is one who has no money or other property avail able for his maintenance or support. Nor ridgewock v. Solon, 49 Me. 385; Woods v. Perkins, 43 La. Ann. 347, 9 South. 48. DESTROY. As used in policies of insur ance, leases, and in maritime law, this term is often applied to an act which renders the subject useless for its intended purpose, though it does not literally demolish or an nihilate it. In re McCabe, 11 Pa. Super. Ct 564; Solomon v. Kingston, 24 Hun (N. Y.) 564; Insurance Co. v. Feibelman, 118 Ala. 308, 23 South. 759; Spalding v. Munford, 37 Mo. App. 281. To "destroy" a vessel means to unfit it for further service, beyond the