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Delegatus.L

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

A person chosen or commissioned: a deputy, agent, representative, trustee. Delegata. Deputed, empowered, intrusted. Delegata potestas non potest delegari. Delegated authority cannot be redelegated. Delegatus non potest delegare. A deputy cannot deputize. Whenever, for personal or other considerations, authority is conferred upon a particular person he cannot lawfully devolve the duties of his appointment or the functions of his office upon any other person, unless allowed so to do by express words, by acts equivalent thereto, or by the usage of trade. - Delegatus potestas, etc., as a general maxim, is correct when duly app Ued. For, to create a delegate by a delegate, in the sense of the raaxun, implies an assignment of the whole power, which a delegate cannot make. A delegate has general powers which he cannot transfer; but he may constitute another his servant or bailiff to do a particular act.' A special authority is in the nature of a trust. It implies confidence in the ability, skill, or discretion of the pai-ty intrusted. The author of such a power may extend it if he will, as is done in ordinary powers of attorney, giving power to a person or his substitute to sonv aarke,6How.W0(1848); Crittenden u Witbeck, 60 Mich. 419, 420 (1883); Story, Partn. S§ 195, 5; 3 Kent, 55- 1 Pars. Contr. 154; 17 F. E. 571.; Adams V. Power, 48 Miss. 454 (1873), Peyton, C. J.; 1 Domat, 919, 1 2318. f Zit... 6 Johns. *137 (1809), ca^es. Per do tjie act authorized. But when it is not so extended it is limited to the person named. ^ See Deputy. The utmost relaxation of the rule, in respect to mercantile persons, is, that a consignee or agent for the sale of merchandise may employ a broker, or a sub-agent, for the purpose, when such is the usual course of business.'' When the principal recognizes the validity of the services rendered by the subordinate of the appointed agent he cannot repudiate the acts of his employee and escape personal liability for the want of authority to employ him.^ Judicial power cannot be delegated.* Nor can a legislature delegate its power to any commission or body except as to the functions of local self-government conferred upon municipal' corporations, q.v.; and as'to some matters of police regulation which the people of a locality may be permitted to accept or reject by vote, as, for example, local option laws.' See Option, Local.