英文法律词典 D-52

DESERTION, torts. The act by which a man abandons his wife and children, or either of them.

2. On proof of desertion, the courts possess the power to grant the 'Wife, or such children as have been deserted¹, alimony (q. v.)

DESERTION, MALICIOUS². The act of a hushand or wife, in leaving a consort³, without just cause, for the purpose of causing a perpetual separation. Vide Abandonment, malicious.

DESERTION OF SEAMEN⁴, contracts. The abandonment, by a sailor, of a ship or vessel⁵, in which he engaged to perform a voyage, before the expiration⁶ of his time, and without leave.

2. Desertion, without just cause, renders the sailor liable, on his shipping⁷ articles, for damages, and will, besides, work a forfeiture⁸ of his wages previously⁹ earned.

3 Kent, Com. 155. It has been decided¹⁰, in England, that leaving the ship before the completion of the voyage is not desertion, in the case, 1. Of the seaman's entering into the public service, either voluntarily or by impress; and 2. When he is compelled to leave it by the inhuman¹¹ treatment of the captain. 2 Esp. R. 269; 1 Bell's Com. 514, 5th ed.; 2 Rob. Adm. R. 232.

DESIGNATIO PERSONAE. The persons described in a contract as being parties to it.

2. In all contracts, under seal, there must be some designatio personae. In general, the names of the parties,appear in the body of the deed, "between A B of, &c., of the one part, and C D of, &c., of the other part," being the common formula. But there is a sufficient designation and description of the party to be charged, if his name is written at the foot of the instrument.

3. A deed alleged¹² to have been made between plaintiff and defendant¹³ began as follows: "Tis agreed that a gray nag¹⁴ bought of A B by C D shall run twenty five miles in two hours for X, In witness whereof, we have hereunto set our hands and seals." The plaintiff and defendant subscribed¹⁵ their names at the bottom of the writing, and afterwards sealed and delivered the document as their deed. Held, that the omission¹⁶ to state the names of the contracting parties in the body of the instrument, was supplied by the signatures at the bottom, and it sufficiently¹⁷ appeared whose deed it was. 1 Raym. 2; 1 Salk. 214 2 B. & P. 339.

4. When a person is described in the body of the instrument by the name of James, and he signs the name of John, on being sued by the latter name he cannot deny it. 3 Taunt¹⁸. 505; Cro. Eliz. 897, n. (a.) Vide 11 Ad. & Ell. 594; 3 P. & D. 271.

DESIGNATION, wills. The expression used by a testator, instead of the name of the person or the thing he is desirous to name; for example, a legacy¹⁹ to. the eldest²⁰ son of such a person, would be a designation of the legatee. Vide 1 Rop. Leg. ch. 2.

2. A bequest²¹ of the farm which the testator bought of such a person; or of the picture he owns, painted by such an artist, would be a designation of the thing devised or bequeathed.

DESPACHEURS. The name given, in some countries, to persons appointed to settle cases of average. Ord. Hamh. t. 21, art. 10.

DESPATCHES. Official communications of official Persons, on the affairs of government.

2. In general, the bearer of despatches is entitled to all the facilities that can be given him, in his own country, or in a neutral state; but a neutral cannot, in general, be the bearer of despatches of one of the belligerent²² parties. 6 C. Rob. 465 see 2 Dodson, 54; Edw. 274.