DEPOSITION1, eccl. law. The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to punish him for some offence, and to prevent his acting2 in future in his clerical character. Ayl. Par3. 206.
DEPOSITOR, contracts. He who makes a deposit.
2. He is generally entitled to receive the deposit from the depositary, but to this rule there are exceptions; as. when the depositor at the time of making the deposit had no title to the property deposited, and the owner claims it from the depositary, the depositor cannot recover it; and for this reason, that he can never be in a better situation than the owner. 1 Barn. & Ald. 450; 5 Taunt4. 759. As to the place where the depositor is entitled to receive his deposit, see Story on Bailm. §117-120 1 Bouv. Inst. n. 1063.
DEPREDATION5, French law. The pillage6 which is made of the goods of a decedent. Ferr. Mod. h. t.
DEPRIVATION7, ecclesiastical Punishment. A censure8 by which a clergyman is deprived of his parsonage, vicarage, or other ecclesiastical promotion9 or dignity. Vide Ayliffe's Parerg. 206; 1 Bl. Com. 393.
DEPUTY. One authorized10 by an officer to exercise the office or right which the officer possesses, for and in place of the latter.
2. In general, ministerial officers can appoint deputies; Com. Dig. Officer, D 1; unless the office is to be exercised by the ministerial officer in person; and where the office partakes of a judicial11 and ministerial character, although a deputy may be made for the performance of ministerial acts, one cannot be made for the performance of a judicial act; a sheriff cannot therefore make a deputy to hold an inquisition, under a writ12 of inquiry13, though he may appoint a deputy to serve a writ.,
3. In general, a deputy has power to do every act which his principal might do but a deputy cannot make a deputy.
4. A deputy should always act in the name of his principal. The principal is liable for the deputy's acts performed by him as such, and for the neglect of the deputy; Dane's Ab. vol. 3, c. 76, a. 2; and the deputy is liable himself to the person injured for his own tortious acts. Dane's Ab. Index, h. t.; Com. Dig. Officer, D; Viscount, B. Vide 7 Vin. Ab. 556 Arch. Civ. Pl. 68; 16 John. R. 108.
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