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deposition

created by ziola

(definition) by Webster 1913 (print) Tue Dec 21 1999 at 23:00:15

Dep`o*si"tion (?), n. [L. depositio, fr. deponere: cf. F. d'eposition. See Deposit.]

1.

The act of depositing or deposing; the act of laying down or thrown down; precipitation.

The deposition of rough sand and rolled pebbles. H. Miller.

2.

The act of bringing before the mind; presentation.

The influence of princes upon the dispositions of their courts needs not the deposition of their examples, since it hath the authority of a known principle. W. Montagu.

3.

The act of setting aside a sovereign or a public officer; deprivation of authority and dignity; displacement; removal.

⇒ A deposition differs from an abdication, an abdication being voluntary, and a deposition compulsory.

4.

That which is deposited; matter laid or thrown down; sediment; alluvial matter; as, banks are sometimes depositions of alluvial matter.

5.

An opinion, example, or statement, laid down or asserted; a declaration.

6. Law

The act of laying down one's testimony in writing; also, testimony laid or taken down in writting, under oath or affirmation, befor some competent officer, and in reply to interrogatories and cross-interrogatories.

Syn. -- Deposition, Affidavit. Affidavit is the wider term. It denotes any authorized ex parte written statement of a person, sworn to or affirmed before some competent magistrate. It is made without cross-examination, and requires no notice to an opposing party. It is generally signed by the party making it, and may be drawn up by himself or any other person. A deposition is the written testimony of a witness, taken down in due form of law, and sworn to or affirmed by the deponent. It must be taken before some authorized magistrate, and upon a prescribed or reasonable notice to the opposing party, that may attend and cross-examine. It is generally written down from the mouth of the witness by the magistrate, or some person for him, and in his presence.

 

© Webster 1913.


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