Blacks Law Dict. 1st ed

DEJERATION

848

DELESTAGB

A person elected or appointed to be a mem ber of a representative assembly. Usually spoken of one sent to a special or occasional assembly or convention. The representative in congress of one of the organized territories of the United States. DELEGATES, THE HIGH COURT OF. In English law. Formerly the court of appeal from the ecclesiastical and admiral ty courts. Abolished, upon the judicial com mittee of the privy council being constituted the court of appeal in such cases. DELEGATION. A sending away; a putting into commission; the assignment of a debt to another; the intrusting another with a general power to act for the good of those who depute him. At common law. The transfer of au thority by one person to another; the act of making or commissioning a delegate. The whole body of delegates or representa tives sent to a convention or assembly from one district, place, or political unit are col lectively spoken of as a "delegation." In the civil law. A species of novation which consists in the change of one debtor for another, when he who is indebted substi tutes a third person who obligates himself in his stead to the creditor, so that the first debtor is acquitted and his obligation extin guished, and the creditor contents himself with the obligation of the second debtor. Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all thiee parties, but the latter that only of the two paities to the new debt. 1 Domat, § 2318;. 48 Miss. 454. Delegation is novation effected by the in tervention of another person whom the debt or, in order to be liberated from his cred itor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in th* place of the original debtor. Burge, Sur. 173. Delegatus non potest delegare. A del egate cannot delegate; an agent cannot dele gate his functions to a subagent without the knowledge or consent of the principal; the person to whom an office or duty is delegated cannot lawfully devolve the duty on anoth er, unless he be expressly authorized so to do. 9 Coke, 77; Broom, Max. 840; 2 Kent, Comm. 633; 2 Steph. Comm. 119. DELESTAGE. In French marine law* A discharging of ballast {lest) from a vessel

the benefit of his creditors, of an heir In re nouncing the succession, the abandonment of insured property to the underwriters. DEJEBATION. A taking of a solemn oath. DEL BIEN ESTRE. L. Fr. In old English practice. Of well being; of form. The same as de bene esse. Britt. c. 39. DEL CREDERE. In mercantile law. A phrase borrowed from the Italians, equiv alent toour word "guaranty" or "warranty," or the Scotch term "wanandice;" an agree ment by which a factor, when he sells goods on credit, for an additional commission, (called a "del credere commission,") guaran ties the solvency of the purchaser and his performance of the contract. Such a factor is called a " del credere agent." He is a mere surety, liable only to his principal in case the purchaser makes default. Story, Ag. 28. DELAISSEMENT. In French marine law. Abandonment. Emerig. Tr. des Ass. ch. 17. DELATE. In Scotch law. To accuse. Delated, accused. Delatit offarte andpai te, accused of being accessary to. 3 How. St. Tr, 425, 440. DELATIO. In the civil law. An accu sation or information. DELATOR. An accuser; an informer; a sycophant. DELATURA. In Old English law. The reward of an informer. Whishaw. DELECTUS PERSONS. Lat. Choice of the person. By this term is undei stood the right of a partner to exercise his choice and preference as to the admission of any new members to the firm, and as to the per sons to be so admitted, if any. In Scotch, law. The personal preference which is supposed to have been exercised by a landlord in selecting his tenant, by the members of a firm in making choice of part ners, in the appointment of persons to office, and other cases. Nearly equivalent to per sonal trust, as a doctrine in law. Bell. Delegata potestas non potest delegari. 2 Inst. 597. A delegated power cannot be delegated. DELEGATE. A person who is delegated or commissioned to act in the stead of an other; a person to whom affairs are commit ted by another; an attorney.

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