In a will, thls is a sentence or secret character lnsert-ed by the testator, of whlch he reserves the knowledge to hlmself, with a condition that no will he may make thereafter should be valld, unless thls clause be lnserted word for word. This is done as a precaution to guard against later wills belng extorted by violence, or otherwise lmproperly obtained. By the law of England such a clause would be vold, as tending to make the wlll irrevocable, wharton
Source: Black’s Law Dictionary 2nd Ed (1910)
In Spanish law. An irregular actlon committed wlth violence against law, custom, or reason
Source: Black’s Law Dictionary 2nd Ed (1910)
Coming from another; taken from something preceding; secondary; that which has not its origin in itself, but owes its existence to something foregoing
Source: Black’s Law Dictionary 2nd Ed (1910)
The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs lts utlllty and force. Dlstlngulshed from abrogation, which means the entire repeal and annul* ment of a law. Dlg. 50, 17, 102
Source: Black’s Law Dictionary 2nd Ed (1910)
The gaining of land from the water, in consequence of the sea shrinking back below the usuai water mark; the opposite of alluvion, (q. v.) Dyer, 326b; 2 Bl. Comm. 262; 1 Steph. Comm. 419; Llnth-lcum 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
Source: Black’s Law Dictionary 2nd Ed (1910)
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, dernlgn 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
Source: Black’s Law Dictionary 2nd Ed (1910)
ln Spanish law. Law or right Der echo comun, common law. The civil law is so called. A right Derechos, rights. Also, specifically, an impost laid up-on goods or provisions, or npon persons or lands, by way of tax or contribution. Noe ▼. Card, 14 CaL 576, 608
Source: Black’s Law Dictionary 2nd Ed (1910)
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 in law it is almost always restricted to the substitution of a person appointed to act for an oflicer of the law
Source: Black’s Law Dictionary 2nd Ed (1910)
A substitute; a person duly authorized by an oflicer 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
Source: Black’s Law Dictionary 2nd Ed (1910)
In English ecclesiastical 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, tlt “Deprivation.”
Source: Black’s Law Dictionary 2nd Ed (1910)
In a constitutional provision that no person shall be “deprived 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 ▼. Courter, 24 Barb. (N. Y.) 238
Source: Black’s Law Dictionary 2nd Ed (1910)
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. –
Source: Black’s Law Dictionary 2nd Ed (1910)
In French law. Pll-lage; waste, or spoliation of goods, p&rticular-ly of the estate of a deeedent ■>
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat in the civil lntf. one of the forms of the contract of bailment, being a naked bailment of goods to be Jiept 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. ,
Source: Black’s Law Dictionary 2nd Ed (1910)
In French law. The depositum of the Roman and the deposit of the English law. It.is of two kinds, being either (1) dtpot simply so called, and which may be either voluntary or necessary, and (2) s^ques-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
Source: Black’s Law Dictionary 2nd Ed (1910)
The place where a de-posit (q. v.) is placed and kept
Source: Black’s Law Dictionary 2nd Ed (1910)
The testimony of a witness 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, aud intend-ed to he 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-tcan Strawboard Co. (C. C.) 65 Fed. 535
Source: Black’s Law Dictionary 2nd Ed (1910)
In Spanish law* Deposit; the species of bailment so called. Schm. Civil Law, 193
Source: Black’s Law Dictionary 2nd Ed (1910)
The party receiving a deposit; one with whom anything is lodged in trust, as “depository” is the place where it is put, The obllgation on the part of the depositary is that he keep the thing with reasonable care, and, upbn request, restore it to the depositor, or otherwise deliver it, according to the original trust
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. De-posit or depositum, the species of pail ment so called. Bell
Source: Black’s Law Dictionary 2nd Ed (1910)
In praotioe. In ancient usage, to testify as a witness; to give evidence under oath
Source: Black’s Law Dictionary 2nd Ed (1910)
SIT. A naked bailment of goods to be kept for the depositor without reward, and to. be returned when he shall require it Jones, Bailm. 36, 117; National Bank v. washington County Bank, 5 Hun (N. V.) 607′; Payne v. Gardiner, 29 N. Y. 167; Mont-gomery v. Evans, 8 Ga. 180; Rozelle v. Rhodes, 116 Pa. 129, 9 Atl. 160, 2 Am. St Rep. 591; In re Patterson, 18 Hun (N. Y.) 222
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat in the civil law. A kind of banlshment, where a condemned person was sent or carried away to some for-eign country, usually to an island, (in insu-lam deportatur,) and thus taken out of the number of Roman citizens
Source: Black’s Law Dictionary 2nd Ed (1910)