Delegation

In Civil Law. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the creditor or to the person appointed by him. See "Novation." Perfect delegation exists when the debtor who makes the delegation is discharged by the creditor. Imperfect delegation exists when the creditor retains his rights against the original debtor. 2 Duv. note 169. At Common Law. The transfer of authority from one or more persons to one or more others. All persons, swi juris, may delegate to another authority to act for them in a matter which is lawful and otherwise capable of being delegated. Comyn, Dig. "Attorney," c. 1; 9 Coke, 75b; Story, Ag. § 6. In Legislation. The whole number of the persons who represent a district, a state, and the like in a deliberative assembly; as, the delegation from Ohio, the delegation from the city of Philadelphia. DELEGATUS DEBITOR EST ODiOSUS In lege. A delegated debtor is hateful in law. 3 Bulst. 148.

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 act of making or commissioning a delegate. The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit are collectively spoken of as a "delegation."

In the civil law. A species of novation which consists in the change of one debtor for another, when he who is indebted substitutes a third person who obligates himself in his stead to the creditor, so that the first debtor is acquitted and his obligation extinguished, and the creditor contents himself with the obligation of the second debtor. Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all three parties, but the latter that only of the two parties in the new debt. 1 Domat,. § 2318; Adams v. Power, 48 Miss. 454. Delegation is novation effected by the intervention of another person whom the debtor, in order to be liberated from his creditor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in the place of the original debtor. Burge, Sun. 173

In the civil law. The substitution other; a species of novation.

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.

[Lat. delegatio, from delegare, q. v.] In the civil law. The changing or substitution of one debtor for another, by which the obligation which lay on the first debtor is discharged; a species of novation, (q. v.) JSrsk. Inst. b. 3, tit. 4, § 22. Delegation is novation affected by the intervention of another person whom the debtor, in order to be liberated from his creditor, gives to such creditor, or to him whom the creditor appoints; and such person so ^iven becomes obliged to the creditor in the place of the original debtor. Burge on Suretyship, 173. See Civ. Code of Louis, art. 2188.

civil law. It is a kind of novation, by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the creditor, or to the person appointed by him. It results from this definition that a delegation is made by the concurrence of three parties, and that there may be a fourth. There must be a concurrence, 1, Of the party delegating, that is, the ancient debtor, who procures another debtor in his stead; 2, Of the party delegated, who enters into the obligation in the place of the ancient debtor, either to the creditor or to some other person appointed by him; 38, Of the creditor, who, in consequence of the obligation contracted by the party delegated, discharges the party delegating. Sometimes there intervenes a fourth party, namely, the person indicated by the creditor in whose favour the person delegated becomes obliged, upon the indication of the creditor, and by the order of the person delegating. Poth. Ob. part 3,c. 2, art. 6. See Louis. code, 2188, 2189. some business, in an assembly having the power to act in relation toit. In deliberative assemblies, it is presumed that each member will listen to the opinions and arguments of the others before he arrives at a conclusion.