DEPUTY

A Law Dictionary · 1910 · p. 8
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. Horn back, 139 Mo. 238, 40 S. W. 893; Herring v. Lee, 22 w. Va. 667; Erwi~ v. U. S. (D. 0.) 37 Fed. 476, 2 L. R. A. 229; Wil• lingham v. State, 21 Fla. 776; Ellis on v. Stevens on, 6 T. B. Mon. (Ky.) 271; People v. Barker, 14 Misc: Rep. 360, 35 N. Y. Supp. 727. ' A deputy differs from an a ignee, in that an a ignee 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 ariy 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 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 principal; for a deputy has, m 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 busine of the latter's office. A general deputy (sometimes called "under she rifE'') is one who, by virtue of his appointment, has authority to execute all the ordinary duties of the office of sherij'I', and who executes proce without any special authority from his principal. A apeaial deputy, who is an officer fl'l"O h,ac, f1ice, is one appointed for a special occasion or a special service as, to serve a par- 1 ticular writ or to a ist m keeping the peace when a riot or tumult is expected qr in prog• re . He act11 under a specific and not a gen• eral appointment and authority. Allen T, ·smith, 12 N. J. Law, 162; Wilson v. Ru ell, '4 Dak. 376, S1 N, w. 645.--Deputy ■tewarcL [s. 364]
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