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1 definition found
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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