Definition of DEPUTY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEPUTY

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. Byrnes v. Windels, 265 N.Y. 403, 193 N.E. 248, 249. One appointed to substitute for another with power to act for him in his name or behalf. Saxby v. Sonnemann, 149 N.E. 526, 528, 318 Ill. 600; Waggoner v. State, 183 Miss. 510, 184 So. 633, 634.

A deputy differs from an assignee, in that an assignee 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 any 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, in 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 business of the latter's office. A general deputy (sometimes called "undersheriff"; see Shirran v. Dallas, 21 Cal.App. 405, 132 P. 454, 458; Delfelder v. Teton Land & Investment Co., 46 Wyo. 142, 24 P.2d 702, is one who, by virtue of his appointment, has authority to execute all the ordinary duties of the office of sheriff, and who executes process without any special authority from his principal. A special deputy, who is an officer pro hac vice, is one appointed for a special occasion or a special service, as, to serve a particular writ or to assist in keeping the peace when a riot or tumult is expected or in progress. He acts under a specific and not a general appointment and authority. Allen v. Smith, 12 N.J.Law, 162; Wilson v. Russell, 4 Dak. 376, 31 N.W. 645.

Deputy steward. A steward of a manor may depute or authorize another to hold a court; and the acts done in a court so holden will be as legal as if the court had been holden by the chief stew• and in person. So an under steward or deputy may authorize another as subdeputy, pro hac vice, to hold a court for him; such limited authority not being inconsistent with the rule delegatus non potest delegare. Wharton.

Special deputy. One appointed to exercise some special function or power of the official or person for whom he is appointed. Saxby v. Sonnemann, 318 Ill. 600, 149 N.E. 526, 528.

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