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Deputy

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

one authorised by an officer to exercise the office or right which the officer possesses, for and in place of the latter. In general ministerial officers can appoint deputies, Com. Dig. Officer, D 1, unless — the office is to be: exercised by the ministerial office? in person; and where the office partakes of a judicial and ministerial character, although a deputy may be made of ministenal acts, one cannot be made to authorise the performance of a judicial act; a sheriff cannot therefore make a deputy to hold an inquisition, under a writ of inquiry, though writ. In general a deputy has power to do every act which his principal might do; but a deputy cannot make a deputy. 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 hiable 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. DEPUTY ATTORNEY GE-