Deputy

One authorized by an officer to exercise the office or right which the officer possesses, for and in place of the latter. A deputy differs from an assignee in that an assignee has an interest in the office itself, and does all things in his own name, for whom his grantor shall not answer except in special cases, but a deputy has not any interest in the office, but is only the shadow of the officer in whose name he acts. And there is a distinction between doing an act by an agent or by a deputy. An agent can only bind his principal when he acts In the name of the principal. But a deputy may do the act, and sign his own name, and bind the principal, for a deputy has in law the whole power of his principal. Wharton.

One authorized 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, Comyns, Dig. Officer (D 1), unless the office is to be exercised by the ministerial officer in person; and when the office partakes of a judicial and ministerial character, although a deputy may be made for the performance of ministerial acts, one cannot be made for the performance of a judicial act; a sheriff cannot, therefore, make a deputy to hold an inquisition, under a writ of inquiry, though he may appoint a deputy to serve a writ. Sometimes, however. eral deputy or under-sheriff is appointed, who possesses, by virtue of his appointment. authority to execute all the ordinary duties of sheriff, and may even appoint, in the name of the sheriff, a special deputy; Allen v. Smith. 12 N. J. L. 109; Tillotson v. Cheetham, 2 Johns. (X. Y.) 63. In general, a deputy has power to do every act which his principal might do; but a deputy cannot appoint a deputy. See Abrams v. Ervin, 9 la. 87; Lewis v. Lewis, 9 Mo. 183, 43 Am. Dec. 540; Confis Cases, 20 Wall. fU. S.) Ill, 22 L. Ed.:^<>. 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, Abr. c. 76, a. 2; and the deputy is liable himself to the person injured tor his own tortious acts; Dane, Abr. Index; Com. Dig. Officer (D), Viscount (B). See 7 Yiner, Abr. 556; L. R. 3 Q. B. Div. 741; Willis v. Melvin. 53 N. C. 62.

A substitute; a person duly authorized by an officer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. Carter v. Hornback, 139 Mo. 238, 40 S. W. 893; Herring v. Lee, 22 W. Vn. 607; Erwin v. U. S. (D. C.) 37 Fed. 476, 2 In R. A. 229; Willingham v. State, 21 Fla. 776; Ellison v. Stevenson. 6 T. B. Mon. (Ky.) 271; Pcople v. Barker, 14 Misc. Rep. 360, 35 N. Y. Supp. 727. A deputy differs from an assignee, in that an assignee has an interest in the office itself, and does all things in his own name, for whom his grantor shall not answer, except in special cased; but a deputy has not any interest in the office, and is only the shadow of the officer in whose name he acts. And there is a distinction in doing an act by an agent and by a deputy. An agent can only hind his principal when he does the act in the name of the principal. But a deputy may do the act and sign his own name, and it binds his principal; for a deputy has, in law, the whole power of his principal. Wharton.
—Deputy consul See Consul.

— Deputy lieutenant. The deputy of a lord lieutenant of a county in England.

— Deputy sheriff. One appointed to act in the place and stead of the sheriff in the official business of the latter's office. A general deputy (sometimes called "undersheriff") is one who, by virtue of his appointment, has authority to execute ali the ordinary duties of the office of sheriff, and who executes process without any special authority from his principal. A special deputy, who is an officer pro hoc vice, is one appointed for a special occasion or a special service, as, to serve a particular writ or to assist in keeping the peace when a riot or tumult is expected or in progress. He acts under a specific and not a general appointment and authority. Alien v. Smith, 12 N. J. Law, 162; Wilson v. Russell. 4 Dan. 3TO, 31 N. W 045,
—Deputy toward a steward of a manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief steward in person. So an under steward or deputy may authorize another as subdeputy, pro hao wee, to hold a court for him; such limited authority not being inconsistent with the rule delegatus non potest delegare. Wharton.

A person authorized to act for another.

A substitute; a person duly authorized by an oilicer to exercise some or all of the functions pertaining to the office, in the place and stead of the latter. A deputy differs from an assignee, in that an as- Signec has an interest inthe office itself, and does all things in his own name, for whom his grantor shall not answer, except in special cases; but a deputy has not interest in the office, and is \ by an agent and by a deputy. An agent can only bind his principal when he does the act in the name of the principal. But a deputy may do the act and sign his own name, and it binds his prin- 4 cipal; for a deputy has, in law, the whole power of his principal. Wharton.

An agent another.

[Fr. depute; L. Lat. deputatus.] A person appointed, designated or deputed to act for another. One who exercises an office, &c., in another's right, having no interest therein, but doing all things in his principal's name, and for whose misconduct the principal is answerable. Termes de la ley. Tomlins. Deputy was anciently used in the sense of assignee. Thus, an administrator was called the ordinary's deputy. See Administrator. So the assignees of an estate were sometimes termed deputies. Assignee is said in the old books to include deputy as being the more comprehensive term. Thus a man who had power to make assigns might always make deputies. Termes de la ley. The distinction was at the same time taken that assignee signified a person who had an estate or interest in the office itself, and acted in his own name and right, whereas a deputy always acted in the name and right of another. Id. Perkins, c. 1, § 100. Cowell.

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-