DEPUT definition

DEPUT





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From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEPUTY. One authorized by an officer to exercise the office or right which 
  the officer possesses, for and in place of the latter. 
       2. In general, ministerial officers can appoint deputies; Com. Dig. 
  Officer, D 1; unless the office is to be exercised by the ministerial 
  officer in person; and where 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., 
       3. In general, a deputy has power to do every act which his principal 
  might do but a deputy cannot make a deputy. 
       4. 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 
  liable 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. 
  
  

















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