Legal Term Dictionary

In English ecclesiastical law. The taking away from a clergyman 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 nonfeasance or neglect, or some More...

In English ecclesiastical law. The taking away from a clergyman 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 nonfeasance or neglect, or some malfeasance or crime. 3 Steph. Comm. 87, 88; Burn, Ecc Law, tit "Deprivation." Less...

In a constitutional provision that no person shall be "deprived of his property" without due process of law, this word is equivalent to the term "take," and denotes a taking altogether, a seizure, a direct appropriation, dispossession of the owner. Sharpless v. Philadelphia, 21 Pa. 167, 59 Am. Dec. 759; More...

In a constitutional provision that no person shall be "deprived of his property" without due process of law, this word is equivalent to the term "take," and denotes 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. Less...

To appoint a deputy; to appoint or commission one to act as deputy to an officer. In a general sense, the term la descriptive of empowering one person to act for another in any capacity or relation, but in law it Is almost always restricted to the substitution of a More...

To appoint a deputy; to appoint or commission one to act as deputy to an officer. In a general sense, the term la descriptive of empowering one person to act for another in any capacity or relation, but in law it Is almost always restricted to the substitution of a person appointed to act for an officer of the law. Less...

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. More...

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. C.) 37 Fed. 476 2 L. R. A. 229; Wll-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 cases; 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 CONSUL.-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 tatter's office. A general deputy (sometimes called "un-dersheriff") is one who, by virtue of his appointment, 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 occasion or a special service, as, to serve a particular writ or to assist in keeping the peace when a riot or tumult is expected or in progress. He acts under a specific and not a general appointment and authority. Allen v. Smith, 12 N. J. Law, 162; Wilson v. Russell, 4 Dak. 376, 81 N. W. 645.-Deputy steward. A steward of a manor may depute or authorise 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 authorise another as subdeputy, pro hac vice, to hold a court for him; such limited authority not being inconsistent with the rule delegatus non potest delegare. Wharton. Less...

Seems to mean, literally, to confound and disorder, or to turn out of course, or displace; as deraignment or departure 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 More...

Seems to mean, literally, to confound and disorder, or to turn out of course, or displace; as deraignment or departure 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 "deraigninent" 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. Less...

In Spanish law. Law or right. Derecho cotnun, common law. The civil law la so called. A right Derechos, rights. Also, specifically, an impost laid upon goods or provisions, or upon persons or lands, by way of tax or contribution. Noe v. Card, 14 Cal 576, 608.

In Spanish law. Law or right. Derecho cotnun, common law. The civil law la so called. A right Derechos, rights. Also, specifically, an impost laid upon goods or provisions, or upon persons or lands, by way of tax or contribution. Noe v. Card, 14 Cal 576, 608. Less...

Forsaken; abandoned; deserted; cast away. Personal property abandoned or thrown away by the owner In such manner as to indicate that he intends to make no further claim thereto. 2 Bl. Comm. 9; 2 Reeve, Eng. Law, 9. Land left uncovered by the receding of water from its former bed. More...

Forsaken; abandoned; deserted; cast away. Personal property abandoned or thrown away by the owner In such manner as to indicate that he intends to make no further claim thereto. 2 Bl. Comm. 9; 2 Reeve, Eng. Law, 9. Land left uncovered by the receding of water from its former bed. 2 RoUe, 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 return by the master or crew, whether resulting from wreck, accident necessity, or voluntary abandonment. U. S. v. Stone (C. CL) 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. O) 30 Fed. 700; The Aquila, 1 C. Rob. 41. -Quasi derelict. When a vessel, without being 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 physically and mentally incapable of providing for their own safety,) she is said to be quasi derelict. Sturtevant v. Nicholaus, 1 Newb. Adm. 449, Fed. Cas. No. 13,578. Less...

The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (q. v.) Dyer, 326b; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Linth-lcum v. Coan, 64 Md. 439, 2 Atl. 826, 54 Am. Rep. 775; Warren v. More...

The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion, (q. v.) Dyer, 326b; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Linth-lcum v. Coan, 64 Md. 439, 2 Atl. 826, 54 Am. Rep. 775; Warren v. Chambers, 25 Ark. 120t 91 Am. Dec. 538, 4 Am. Rep. 23; Sapp v.Frailer, 51 La. Ann. 1718, 26 South. 378, 72 Am. St Rep. 408. In the civil law. The voluntary abandonment of goods by the owner, without the hope or the purpose of returning to the possession. Jones v. Nunn, 12 Ga. 473; Liver-more v. White, 74 Me. 456, 43 Am. Rep. 600. Derivativa potesta non. potest esse major primitiva. Noy, Max.; Wing. Max. 66. The derivative power cannot be greater than the primitive. Less...

Coming from another; taken from something preceding; secondary; that which has not its origin in Itself, but owes its existence to something foregoing. -Derivative conveyances. Conveyances which presuppose some other conveyance precedent and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. More...

Coming from another; taken from something preceding; secondary; that which has not its origin in Itself, but owes its existence to something foregoing. -Derivative conveyances. Conveyances which presuppose some other conveyance precedent and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. They are releases, confirmations, surrenders, assignments, and defeasances. 2 Bl. Comm. 324. Less...

The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force. Distinguished from abrogation, which means the entire repeal and annulment of a law. Dig. 50, 17, 102.

The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force. Distinguished from abrogation, which means the entire repeal and annulment of a law. Dig. 50, 17, 102. Less...