Delegatus

Delegata.

Lat. [from delegare, q. v.] Delegated, deputed, commissioned; appointed to act for another as delegate, deputy or agent. Transferred or assigned, as a power or authority.

Delegatus non potest delegare

A delegate cannot delegate; an agent cannot elevate his functions to a sub-agent 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. Broom's Max. 385, and notes.

9 Co. 11. 2 Steph. Com. 119, 120. 2 Kent's Com. 633.

The civil law maxim was Non potest procurator alium procuratorem facere.

Dig. 49. 1. 4. 5. Story on Agency, § 13.

The term delegatus is applied by Bracton to the ancient justices in eyre, as possessing a delegated authority or jurisdiction from the king; and he remarks quod nullus justitiarius a domino rege sic delegatus poterit aliquem sibi subdelegare. Bract. fol.

108 b.

This is probably the earliest application of the maxim in English law.

Delegata potestas non potest delegari

A delegated power cannot be delegated.

2 Inst. 597. Branch's Princ. Broom's Max. 384. Story on Agency, § 13.

Bracton divides jurisdiction, or the power of judging, (potestas judicandi) into ordinary, (ordinaria,) as that of the king, and delegated, (delegata,) as that of a justice appointed by him, (sicut justitiarius ab eo constitutus;) and observes that a justice cannot substitute another justice in his place, (et non alius a justitiario substituendus, quia justitiarius justitiarium substituere non potest.) Bract. fol.

333 b.