from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
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.