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Delegation

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

A sending away; a putting into commission; the assignment of a debt to another; the intrusting another with a general power to act for the good of those who depute him.

At common law

The transfer of authority by one person to another; the aet of making or commissioning a delegate, The whole body of delegates or representatives sent to a coavention or assembly from one district, place, or political unit are cel lectively spoken of us a “delegation.” ' In the civil law. A species of novation which consists in the change of one debtor for another, when he who is indelted substitutes a third person who obligates himself in his stead to the ereditor, so that the first debtor is acquitted and his obligation extinguished, and the creditor contents -himseif with the obligation of the second debtor, Delegation is essentially distinguished from any other species of navation, in this: that the tormer demands the consent of all three parties, but the latter that only of the two parties tothe new debt.

1 Domat, § 2318; 48 Miss. 454.

Delegation is novation effected by the intervention of another person whom the debtor, in order to be liberated froin his creditor, gives to such creditor, or to him whom the creditor appoints; and such person sa given becomes obliged to the ereditor in the place of the original debtor. Burge, Sur, 173, Delegatus non potest delegare. A dalegate cannol delegate; an agent cannot dele gate his functions to a suhagent without the knowledge or consent of the principal; the person to whom an office or duty is delegated cannot lawfully devolve the duty on another, unless he be expressly authorized so to do.

9 Coke, 77; Broom, Max, 840; 2 Kent, Comm. 633; 2 Steph. Comm. 119.