2. The delegates from the territories of the United States are
entitled to send and receive letters, free of postage, on the same
terms and conditions as members of the senate and house of
representatives of the United States;
and also to the same compensation as is allowed to members of the
senate and house of representatives. Act of February 18, 1802, 2 Story,
L. U. S. 828.
3. A delegate is also a person elected to some deliberative assembly, usually one for the nomination of officers.
4. In contracts, a delegate is one who is authorized by another in the name of the latter; an attorney.
DELEGATION,
civil law. It is a kind of novation, (q. v.) 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.
2.
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 of to some other person appointed by him.
3. 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 favor 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; 3 Wend. 66; 5 N. H.
Rep. 410; 20 John. R. 76; 1 Wend. 164; 14 Wend. 116; 11 Serg. &
Rawle, 179.
3.
Delegation is either perfect or imperfect. It is perfect, When the
debtor who makes the delegation, is discharged by the creditor. It is
imperfect when the creditor retains his rigbts against the original
debtor. 2 Duverg. n. 169. See Novation.
DELEGATION, contracts. The transfer of authority from one or more persons to one or more others.
2.
In general, all persons sui juris may delegate to another authority to
act for them, but to this rule there are exceptions; 1st. On account of
the thing to be done; and 2d. Because the act is of a personal nature,
and incapable of being delegated. 1. The thing to be done must be
lawful; for an authority to do a thing unlawful, is absolutely void. 5 Co. 80.
2. Sometimes, when the thing to be done is lawful, it must be performed
by the person obligated himself. Com. Dig. Attorney, C 3; Story, on Ag.
§12.
3.
When a bare power or authority has been given to another, the latter
cannot in general delegate that authority or any part of it to a third
person, for the obvious reason that the principal relied upon the
intelligence, skill and ability of his agent, and he cannot have the
same confidence in a stranger. Bac. Ab. Authority, D; Com. Dig.
Authority, C 3; 12.Mass. 241; 4 Mass. 597; 1 Roll. Ab. Authority, C 1, 15; 4 Camp. 183; 2 M. & Selw. 298, 301; 6 Taunt. 146; 2 Inst. 507.
4.
To this general rule that one appointed as agent, trustee, and the
like, cannot delegate his authority, there are exceptions: 1. When the
agent is expressly authorized to make a substitution. 1 Liverm. on Ag.
54. 2. When the authority is implied, as in the following: cases: 1st.
When by the laws such power is indispensable in order to accomplish the
end proposed, as, for example, when goods are directed to be sold at
auction, and the laws forbid such sales except by licensed auctioneers. 6
S. & R. 386. 2d. When the employment of such substitute is in the
ordinary course of trade, as where it is the custom of trade to employ a
ship broker or other agent for the purpose of procuring freight and the
like . 2 M. & S. 301; 3 John. Ch. R. 167, 178; 6 S. & R. 386.
3d. When it is understood by the parties to be the mode in which the
particular thing would be done. 9 Ves. 234; 3 Chit. Com Law, 206. 4th.
When the powers thus delegated are merely mechanical in their nature. 1
Hill, (N. Y.) R. 501 Bunb. 166; Sugd. on Pow. 176.
5.
As to the form of the delegation, it may be for general purposes, by a
verbal or by a written declaration not under seal, or by acts and
implications. 3 Chit. Com. Law, 5, 194, 195; 7 T. R. 350. But when the
act to be done must be under seal, the delegation must also be under
seal. Co. Litt. 48 b; 5 Binn. 613; 14 S. & R. 331 See Authority.
DELEGATION,
legislation. It signifies 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.
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