DELEGATION. In Civil Law. A kind of novation 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. See NOVATION.
Perfect delegation exists when the debtor who makes the delegation is discharged by the creditor.
Imperfect delegation exists when the cre ditor retains his rights against the original debtor. 2 Duvergnoy, n. 169.
2. It results from the definition that a dele gation is made by the concurrence of at least three parties, viz.: the party delegating,— that is, the ancient debtor who procures an other debtor in his stead; the party delegated, who enters into the obligation in the place of the ancient debtor, either to the creditor or to some other person appointed by him ; and the creditor, who, in consequence of the obligation contracted by the party delegated, discharges the party delegating. Sometimes there in tervenes 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. Pothier, Obl. pt. 3, c. 2, art. 6. See La. Civ. Code, 2188, 2189 1 Wend. N. Y. 164; 3 id. 66; 14 id. 116 ; 20 Johns. N. Y.76; 5 N. H. 410; 11 Serg. & R. Penn. 179 ; 1 Bouvier, Inst. 311, 312.
3. The party delegated is commonly a debtor of the person delegating, and, in order to be liberated from the obligation to him, contracts a new one with his creditor. In this case there is a novation both of the obli gation of the person delegating, by his giving his creditor a new debtor, and of the person delegated, by the new obligation which, he contracts. Pothier, Obl. pt. 3, c. 2, art. 6, 2.
In general, where the person delegated contracts a valid obligation to the creditor, the delegant is entirely liberated, and the creditor has no recourse against him in case of the substitute's insolvency. There is an exception to this rule when it is agreed that the debtor shall at his own risk delegate an other person; but even in that case the cre ditor must not have omitted using proper diligence to obtain payment whilst the sub stitute continued solvent. Pothier, Obl. pt. 3, c. 2.
4. Delegation differs from transfer and simple indication. The transfer which a cre ditor makes of his debt does not include any novation. It is the original debt which passes from one of the parties, who makes the trans fer, to the other, who receives it, and only takes place between these two persons, with out the consent of the debtor necessarily in tervening. Again, when the debtor indicates to the creditor a person from whom he may receive payment of the debt, and to whom the debtor gives the creditor an order for the purpose, it is merely a mandate, and neither :a transfer nor a novation. So, where the cre
ditor indicates a person to whom his debtor IOW pay the money, the debtor does not con traet any obligation to the person indicated, but continues the debtor of his creditor who made •the indication. Pothier, Obl. pt. 3, c.
2. See NOVAT1ON.
At Common Law. The transfer of au thority from one or more persons to one or more others.
5. All persons, sui furls, may delegate to another authority to act for them in a matter which is lawful and otherwise capable of being delegated. Comyns, Dig. Attorney, c. 1 ; 9 Coke, 75 b; Story, Ag. 6.
When a bare power or authority has been given to another, the latter cannot, in gene ral, delegate that authority, or any part of it, to a third person, for the obvious reason that the principal has relied upon the intelligence, skill, and ability of his agent, and cannot have the same confidence in a stranger. Story, Ag. 13 • 1 Livermore, Ag. 54-66; 2 Kent, Comm. 633; 5 Pet. 390 ; 3 Stor. C. C. 411, 425; 1 McMull. So. C. 453; 15 Pick.
Mass. 303, 307; 26 Wend. N. Y. 485 ; 11 Gill & J. Md. 58; 5 Ill. 127, 133. A power to delegate his authority may, however, be given to the agent by express terms of substitution. 1 Livermore, Ag. 54-56; 1 Hill, N. Y. 505. And sometimes such power is implied, as in the following cases: First, when, by the law, 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 law forbids such sales except by li densed auctioneers. 6 Seq. & R. Penn. 386. Second, when the employment of such sub stitute 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 Maule & S. 301; 2 & P. 438 ; 3 Johns. Ch. N. Y. 167,178; 6 Serg. & R. Penn.386. Third, when it is understood by the parties to be the mode in which the particular thing would or might be done. 3 Chitty, Com. Law, 206; 9 Yes. Ch. 234, 251, 252; 1 Manle & S. 484; 2 id. 301, 303, note. Fourth, when the powers thus delegated are merely mechanical in their nature. 1 Hill, N. Y. 501; Bunb. 166; Sug den, Pow. 176.
6. As to the form of the delegation, for most purposes may be either in writing, not under seal, or verbally without writing; or the authority may be implied. When, how ever, the act is required to he done under seal, the delegation must also be under seal, unless the principal is present and verbally or impliedly authorizes the act. Story, Ag. 51 ; 5 Cush. Mass. 483.
In Legislation. 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.