Depositary definition

Depositary





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3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Depositary \De*pos"i*ta*ry\, n.; pl. {Depositaries}. [L.
     depositarius, fr. deponere. See {Deposit}.]
     1. One with whom anything is lodged in the trust; one who
        receives a deposit; -- the correlative of depositor.
        [1913 Webster]
  


              I . . . made you my guardians, my depositaries.
                                                    --Shak.
        [1913 Webster]
  
              The depositaries of power, who are mere delegates of
              the people.                           --J. S. Mill.
        [1913 Webster]
  
     2. A storehouse; a depository. --Bp. Hurd.
        [1913 Webster]
  
     3. (Law) One to whom goods are bailed, to be kept for the
        bailor without a recompense. --Kent.
        [1913 Webster]

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  21 Moby Thesaurus words for "depositary":
     accountant, auditor, bookkeeper, bursar, cashier, cashkeeper,
     chamberlain, comptroller, controller, curator, depository,
     fiduciary, financial officer, liquidator, paymaster, purse bearer,
     purser, receiver, steward, treasurer, trustee
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEPOSITARY, contracts. He with whom a deposit is confided or made. 
       2. It is, the essence of the contract of deposits that it should be 
  gratuitous on the part 'of the depositary. 9 M. R. 470. Being a bailee 
  without reward, the depositary is bound to slight diligence only, and he is 
  not therefore answerable except for gross neglect. 1 Dane's Abr. c. 17, art. 
  2. But in every case good faith requires that he should take reasonable 
  care; and what is reasonable care, must materially depend upon the nature 
  and quality of the thing, the circumstances under which it is deposited, and 
  sometimes upon the character and confidence, and particular dealing of the 
  parties. See 14 Serg. & Rawle, 275. The degree of care and diligence is not 
  altered by the fact, that the depositary is the joint owner of the goods 
  with the depositor; for in such a case, if the possessor is guilty of gross 
  negligence, he will still be responsible, in the same manner as a common 
  depositary, having no interest in the thing. Jones' Bailm. 82, 83. As to the 
  care which. a depositary is bound to use, see 2 Ld. Raym. 900, 914; 1 Ld. 
  Raym. 655; 2 Kent's Com. 438; 17 Mass. R. 479, 499; 4 Burr.. 2298; 14 Serg. 
  & Rawle, 275; Jones' Bailm. 8; Story on Bailm. Sec. 63, 64. 
       3. The depositary is bound to return the deposit in individuo, and in 
  the same state in which he received it; if it is lost, or injured, or 
  spoiled, by his fraud or gross negligence, he is responsible to the extent 
  of the loss or injury. Jones' Bailm. 36, 46, 120; 17 Mass. R. 479; 2 Hawk. 
  N. Car. R. 145; 1 Dane's Abr. c. 17, art. 1 and 2. He is also bound to 
  restore, not only the thing deposited, but any increase or profits which may 
  have accrued from it; if an animal deposited bear young, the latter are to 
  be delivered to the owner. Story on Bailm. Sec. 99. 
       4. In general it may be laid down that a depositary has no, right to 
  use the thing deposited. Bac. Abr. Bailm. D; Jones' Bailm. 81, 82; 1 Dane's 
  Abr. c. 17, art. 11, Sec. 2. But this proposition must be received with many 
  qualifications. There are certain cases, in which the use of the thing may 
  be necessary for the due preservation of the deposit. There are others, 
  again, where it would be mischievous; and others again, where it would be, 
  if not beneficial, at least indifferent. Jones' Bailm. 81, 82; Owen's R. 
  123, 124; 2 Salk. 522; 2 Kent's Com. 450. The best general rule on the 
  subject, is to consider whether there may or may not be an implied consent, 
  on the part of the owner, to the use. If the use would be for the benefit of 
  the deposit, the assent of the owner may well be presumed; if to his injury, 
  or perilous, it ought not to be presumed; if the use would be indifferent, 
  and other circumstances, do not incline either way, the use may be deemed 
  not allowable. Jones' Bailm. 80, 81; Story on Bailm. Sec. 90; 1 Bouv. Inst. 
  n. 1008, et seq. 
  
  

















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