Delegate

A person elected by
the people of a territory of the United
States to Congress, who has a scat in
Congress, and a right of debuting, but
not of voting. Ordinance of July 13,
1787, 3 Story’s L. U. S. 2076.

2. — The delegates from the territo- |
rics of the United Stntcs are entitled to I
send and receive letters, free of post-
age, on the same terms and conditions
as members of the senate and house of
representatives of the United States ;
and also to the same compensation as
is allowed to members of the senate and
house of representatives. Act of Feb-
ruary, 18, 1802, 2 Story, L. U. S.
828.

3. — A delegate is also a person
elected to some deliberative assembly,
usually one for the nomination of offi-
cers.

4. — In contracts a delegate is one
who is authorised by another in the
name of the luttcr ; an attorney.

DELEGATION, civil law. It is
a kind of novation, by which the origi-
nal 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.

2. — It results from this definition
that a delegation is mndo by the con-
currence of three parties, and that there
may be a fourth. There must be a
concurrence, 1, Of the party delegat-
ing, that is, the ancient debtor, who
procures another debtor in his stead ;

2, Of the party delegated, who enters
into the obligation in the place of the
ancient debtor, cither to the creditor or
to some other person appointed by him ;

3, Of the creditor, who, in consequence
of the obligation contracted by the par-
ty delegated, discharges the party de-
legating. Sometimes there intervenes

j a fourth party, namely, the person in-
dicated by the creditor in whose favour
the person delegated becomes obliged,
upon the indication of the creditor, and
by the order of the person delegating.
Poth. Ob. part. 3, c. 2, art. 6. Sec
Louis. Cotie, 2188, 2189; 3 Wend.
66; 5 N. II. Rep. 410; 20 John. R.
76 ; 1 Wend. 101 ; 14 Wend. 116 ; 11
Scrg. & Rawle, 179.

Delegation, contracts. The trans-
fer of authority from one or more per-
sons to one or more others.

2. — In general all persons sui juris
may delegate to another authority to
act for them ; but to this rule there are
exceptions, first, on account of the
thing to be done ; and, secondly, be-
cause the act is of a personal nature,
and incapable of being delegated. 1.
The thing to be done must be lawful,
for an authority to do a thing unlawful
is absolutely void. 5 Co. 80. 2. Some-

times when the thing to be done is law-
ful, it must be performed by the person

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429

obligated himself. Com. Dig. Attorney,

C 3 ; Story on Ag. § 12.

3. — When a bare power or authority
has been given to another, the latter
cannot in general delegate that autho-
rity or any part of it to a third person,
for the obvious reason that the princi-
pal relied upon the intelligence, skill
and ability of his agent, and ho cannot
have the same confidence in a stran-
ger. Bac. Ab. Authority, D ; Com.
l)ig. Authority, C 3; 12 Mass. 241;

4 Mass. 597 ; 1 Roll. Ab. Authority,

C 1, 15 ; 4 Camp. 183 ; 2 M. & Selw.
298, 301 ; 0 Taunt. 140; 2 Inst. 507.

4. — To this general rule that one ap-

pointed as agent, trustee, and the like,
cannot delegate his authority, there arc
exceptions: 1, When the agent is ex-
pressly authorised to make a substitu-
tion. 1 Livcrm. on Ag. 54. 2, When

the authority is implied, as in the fol-
lowing cases : 1st, When by the laws
such power is indispensable in order to
accomplish the end proposed, as, for ex-
ample, when goods arc directed to Ik*
sold at auction, and the laws forbid
such sales except by licensed auction-
eers. 6 S. & R. 380. 2dly, When
the employment of such substitute is in
the ordinary course of trade, as where 1
it is the custom of trade to employ a
ship broker or other agent for the pur-
pose of procuring freight and the like.

2 M. & S. 301 ; 3 John. Ch. R. 167,
178 ; 6 S. & R. 386. 3dly, When it
is understood by the parties to be the
mode, in which the particular thing
would lie done. 9 Ves. 234 ; 3 Chit.
Com. Law, 206. 4th!y, When the
powers thus delegated are merely me-
chanical in their nature. 1 Hill, (N.
Y.) R. 501; Bunb. 166; Sugd. on
Pow. 176.

5. — As to the form of the delega-
tion, it may be for general purposes by
a verbal or by a written declaration not
under seal, or by acts and implications.

3 Chit. Com. Law, 5, 194, 195 ; 7 T.
R. 35(h But when the act to be done
must be under seal, the delegation must
also be under seal. Co. Litt. 48 b ; 5
Binn. 613; 14 S. & R. 331 ; See An-
thority.

Delegation, in legislation, signifies
the whole of the persons who represent
a district, a state, and the like, in a de-
liberative assembly ; ns, the delegation
from Ohio, the delegation from the city
of Philadelphia.

TO DELIBERATE, is to examine,
to consult in order to form an opinion.

2. — Thus, a jury deliberate as to
their verdict ; a widow deliberates as to
whether she shall accept under her de-
ceased husband’s will, or take her
dower at common law.

DELI BER ATION, contracts , crimes.
Is the act of the understanding, by
which the party examines whether a
thing proposed ought to lie done or not
to lie done, or whether it ought to be
done in one manner or another. The
deliberation relutes to the end proposed,
to the means of accomplishing that end,
or to both.

2. — It is a presumption of law that
all acts committed are done with due
deliberation, that the party intended to
do what he has done. But he may show
the contrary ; in contracts, for example,
he may show he has been taken by
surprise (<]. v.) ; and when a criminal
act is charged, he may prove that it
was an accident, and not with due de-
liberation, that in fact there was no
intention or will. Sec Intention ;
WiU.

Deliheration, legislation, is the
council which is held touching some
business, in an assembly having the
power to act in relation to it.

2. — In deliberative assemblies, it is
presumed that each member will listen
to the opinions and arguments of the
others before he arrives at a conclusion.

DELICT, civil law. The act by
which one person, by fraud or maligni-
ty, causes some damage or tort to some
other. In its most enlarged sense, this
term includes all kinds of crimes and
misdemeanors, and even the injury
which has been caused by another,
cither voluntarily or accidentally with-
out evil intention ; but more commonly
by delicts are understood those small
offences which are punished by a small
fine or a short imprisonment.

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2. — Delicts arc either public or pri-
vate ; the public arc; those which a fleet
the whole community by their hurtful j
consequences; the privute is that which
is directly injurious to a private indivi-
vdunl. Inst. 4, 18; lb. 4, 1; Dig.
47, 1 ; lb. 48, 1.

3. — A quasi-delict, quasi delictum, is
the act of u person, who, without ma-
lignity, but by >m inexcusable impru-
dence, cuuscs nil injury to another.
Potli. Oh. n. 110 ; Ersk. Pr. Laws of
Scot!. B. 4, t. 4, s. 1.

DELINQUENT, civil law , ho who
has l>een guilty of some delict.

DELIRIUM, vial, jur., is a disease
of the mind produced by inflammations,
particularly in fevers, and other bodily
diseases, specially when approaching to
a fatal termination.

2. — It is also occasioned by intoxi-
cating agents.

3. — Delirium manifests its first ap-
pearance “ by a propensity of the pa-
tient to talk during sleep, and a mo-
mentary forgetfulness of his situation,
and of things al>out him, on waking
from it. After being fully aroused,
however, and his senses collected, the
mind is comparatively clear and tran-
quil, till the next slumber, when the
same scene is repeated. Gradually
the mental disorder becomes more in-
tense, and the intervals between its re-
turns, of shorter duration, until they
are scarcely, or not at all perceptible.
The patient lies on his back, his eyes,
if open, presenting a dull and listless
look, and is almost constantly talking
to himself in a low, muttering tone.
Regardless of persons or things around
him, and scarcely capable of recognis-
ing them when aroused by his atten-
dants, his mind retires within itself to
dwell upon the scenes and events of
the past which pass before it in wild
and disorderly array, while the tongue
feebly records the varying impressions,
in the form of disjointed, incoherent
discourse, or of senseless rhapsody.
In the delirium which occurs towards
the end of chronic diseases, the dis-
course is often more coherent and con-
tinuous, though the mind is no less ab-

sorljcd in its own reveries. As the
disorder advances, the voice becomes
more indistinct, the fingers are con-
stantly picking at the bed-clothes, the
evacuations arc passed insensibly, and
the patient is incapable of Ixnng
aroused to any further etrort of atten
tion. In some cases, delirium is at-
tended with a greater degree of nor-
vous and vascular excitement, which
more or less modifies the above-men-
tioned symptoms. The eyes are open,
dry, and bloodshot, intently gazing
into vacancy, as if fixed on some ob-
ject which is really present to the
mind of the patient ; the skin is hotter
and dryer; and lie is more restless
and intractable. I le talks mom loudly,
occasionally breaking out into cries
and vociferations, and tosses about in
bed, frequently endeavouring to get
up, though without any particular ob-
ject in view.” Ray, Med. Jur. §
213.

4. — “So closely does delirium re-
semble mania to the casual observer,
and so imjiortnnt is it that they should
be distinguished from each other, that
it may be well to indicate some of the
most common and prominent features
of each. In mania, the patient recog-
nises persons and things, and is per-
fectly conscious of, and remembers
what is passing around him. In deli-
rium, he can seldom distinguish one
person or thing from another, and, as
if fully occupied with the images that
crowd upon his memory, gives no at-
tention to those that arc presented from
without. In delirium, there is an en-
tire abolition of the reasoning power;
there is no attempt at reasoning at all;
the ideas arc all and equally insane ;
no single train of thought escapes the
morbid influence, nor docs a single
operation of the mind reveal a glimpse
of its natural vigour and acuteness.
In mauia, however false and absurd
the ideas may be, we arc never at a
loss to discover patches of coherence,
and some semblance of logical sequence
in the discourse. The patient still
reasons, but he reasons incorrectly. In
mania, the muscular power is not per-

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ccptibly diminished, and the individual
moves about with his ordinary ability.
Delirium is invariably attended with
great muscular debility; and the pa-
tioqt is confined to bed, and is capable
of only a momentary effort of exertion.
In mania, sensation is not necessarily
impaired, and in most instances, the
maniac, sees, hears, and feels with all
his natural acuteness. In delirium,
sensation is greatly impaired, and this
avenue to the understanding seems to
be entirely closed. In mania, many
oflhe bodily functions arc undisturbed,
and the appearance of the patient
might not, at first sight, convey the
impression of disease. In delirium,
every function suffers, and the whole
aspect of the patient is indicative of
disease. Mania exists alone and inde-
pendent of any other disorder, while
delirium is only an unessential symp-
tom of some other disease. Being a
symptom only, the latter maintains
certain relations with the disease on
which it depends ; it is relieved when
that is relieved, and is aggravated when
that increases in severity. Mania,
though it undoubtedly lends to shorten
life, is not immediately dangerous,
whereas the disease on which delirium
depends, speedily terminates in death,
or restoration to health. Mania never
occurs till after the age of puberty ;
delirium attacks all periods alike, from
early childhood to extreme old age.”
lb. § 216.

5. — In the inquiry as to the validity
of testamentary dispositions, it is of
great importance, in many eases, to
ascertain whether the testator laboured
under delirium, or whether he was of
sound mind. Vide Sound mind; Un-
sound mind; 2 Addnms, K. 411; 1
Addams, Rep. 229, 383 ; 1 Hogg. II.
577; 2 Hagg. R. 142; I Lee, Keel.
R. 130 ; 2 Lee, Eccl. R. 229 ; 1 Ilagg.
Eccl. Hep. 256.

Deli hi cm tremens, med. jur . A
species of insanity which has obtained
this name, in consequence of the tre-
mour experienced by the delirious
person, when under a fit of the dis-
order.

2. — The disease called delirium tre-
mens or mania a potuy is beautifully
described in his learned work on the
Medical Jurisprudence of Insanity, by
Dr. Ray, § 315, 316, of which the
following is an extract. “ It may bo
the immediate effect of an excess, or
series of excesses, in those who arc
not habitually intemperate, as well as
in those who arc; hut it most commonly
occurs in habitual drinkers, after a lew
days of total abstinence from spirituous
liquors. It is also very liable to occur
in this latter class when labouring un-
der other diseases, or severe external
injuries that give rise to any degree of
constitutional disturbance. The ap-
proach of the disease is generally in-
dicated by a slight tremor and falter-
ing of the hands and lower extremities,
a tremulousness of the voice, a certain
restlessness and sense of anxiety which
the patient knows not how to describe
or to account for, disturbed sleep, and
impaired appetite. These symptoms
having continued two or three days, at
th** end of which time they have ob-
viously increased in severity, the pa-
tient census to sleep altogether, and
soon becomes delirious. At first, the
delirium is not constant, the mind

! wandering during the night, but, during
the day when its attention is fixed,
capable of rational discourse. It is
not long however, before it becomes

I constant, and constitutes the most pro-

l inincnt feature of the disease. This
state of watchfulness and delirium
continues throe or four days, when, if
the patient recover, it is succeeded by
sleep, which, at first appears in uneasy
and irregular naps, and lastly in long,
sound, and refreshing slumbers. When
sleep docs not supervene about this
period, the disease is fatal ; and whe-
ther subjected to medical treatment, or
left to itself, neither its symptoms nor
duration are materially modified.

3. — “ The character of the delirium
in this disease is peculiar, faring a
stronger resemblance to dreaming,
than any other form of mental derange-
ment. It would seem as if the dreams
which disturb and harrass the mind

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during the imperfect sleep that pro- |
cedes tho explosion of the disease,
continue to occupy it when awake,
being then viewed ns realities, instead
of dreams. The patient imagines him-
self, iiir instance, to he in some par-
ticular situation, or engaged in ccr- j
tain occupations, according to each in-
dividual’s habits ami profession, and
his discourse and conduct will be con-
formed to this delusion, with this strik-
ing peculiarity, however, that he is
thwarted at every step, and is con-
stantly meeting with obstacles that
defy his utmost efforts to remove. ^ Al-
most invariably, the patient manifests,
more or less, feelings of suspicion and
fear, labouring under continual appre-
hension of being made the victim ot
sinister designs and practices. He
imagines that certain people have con-
spired to rob or murder him, and in-
sists that he can hear them in an
adjoining apartment, arranging their
plans and preparing to rush into his
room ; or that he is in a strango place
where he is forcibly detained and pre-
vented from going to his own home.
One of the most common hallucinations
is, to be constantly seeing devils,
snakes, vermin, and all manner ot un-
clean things around him and about him,
and peopling every nook and corner
of his apartment w ith these loathsome
objects. The extreme terror which
these delusions often inspire, produce
in the countenance, an unutterable ex-
pression of anguish ; and, in the hope
of escaping from his fancied tormen-
tors, the wretched patient endeavours
to cut his throat, or jump from the
window. Under the influence of these
terrible apprehensions, he. sometimes
murders his wife or attendant, whom
his disordered imagination identities
with his enemies, though he is gene-
rally tractable and not inclined to be
mischievous. After perpetrating an
act of this kind, he generally gives
some illusivo reason for his conduct,
rejoices in bis success, and expresses
his regret at not having done it before.
So complete and obvious is the mental
derangement in this disease, so entirely

arc the thoughts and actions governed
by the most unfounded and absurd de-
lusions, that if nny form of insanity
absolves from criminal responsibility,
this certainly must have that efiect 3
Am. Jur. 5 — 20.

DELIVERANCE, practice, a term
used by the clerk in court to every
prisoner who is arraigned and pleads
not guilt >J, to whom he wishes a good
deliverance. In modern practice this
is seldom used.

DELIVERY, convei/anriiig, is the
transferring of a deed from the grantor
to the grantee, in such a manner as to
deprive him of tho right to recall it,
Dev. Eq. R. 14} or the delivery may
be made and accepted by an attorney.
This is indispensably necessary to the
validity of a deed. 9 Shepl. 569 ; 2

1 larring. 197 ; 10 Verm. f>03.

2. — As to the form, the delivery
may be by words without acts ; as, il
the deed be lying upon a table, and
the grantor says to the grantee, “ take
that as my deed,” it will be a sufficient
delivery ; or it may be by acts without
words, and therefore a dumb man may
deliver a deed. Co. Litt. 30 a, note ;
0 Sim. Rep. 31 ; Gresl. Eq. Ev. 120 ;
Wood B. 2, c. 3 ; 0 Miss. R. 326 ; 5
Shepl. 391 ; 11 Verm. 621 ; 6 Watts
& S. 329 ; 23 Wend. 43 ; 3 Hill,

I 313.

3. — A delivery may be either abso-
lute, as when it is delivered to the
grantor himself ; or it may be con-
ditional, that is, to a third person to
keep until some condition shall have
been performed by the grantee, and
then it is called an escrow (q. v.). Sec

2 Bl. Com. 306 ; 4 Kent, Com. 446 ;
Cruise, Dig. tit. 32, c. 2, s. 87 ; 5
Serg. & Rawle, S23 ; 8 Watts, R. 1 ;
and articles Assent ; Deed.

Delivery, contracts, is the trans-
mitting the possession of a thing from
ono person into the power and pos-
session of another.

2. — Originally, delivery was a cleat
and unequivocal act of real possession,
accomplished by placing the subject to
be transferred in the hands of the
buyer or his avowed agent, or in their

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respective warehouses, vessels, carts,
ami the like. This delivery was
properly considered as the true Imdge
of transferred property, as importing
full evidence of consent to transfer;
preventing the appearance of pos-
session in the transferrer from con-
tinuing the credit of property unduly ;
anti avoiding uncertainty and risk in
the title of the acquirer.

3. — The complicated transactions of
modern trade, however, render im-
possible a strict adherence to this
simple rule. It often happens that the
purchaser of a commodity cannot take
immediate possession and receive the
delivery. The bulk of the goods;
their peculiar situation, as when they
arc deposited in public custody for
duties, or in the hands of a manu-
facturer for the purpose of having
some operation of his art performed
upon them, to lit them for the market ;
the distance they are from the house ;
the frequency of bargains concluded
by correspondence between distant
countries; and many other obstructions,
frequently rendered it impracticable to
give or to receive actual delivery. In
these and such like cases, something
short of actual delivery has been consi-
dered sufficient to transfer the property.

4. — In sales, gifts, and other con-
tracts, where the party intends to
transfer the property, the delivery must
be made with the intent to enable the
receiver to obtain dominion over it.
3 Scrg. & Rawle, 20 ; 4 Rawle, 200 ;
5 Serg. & Rawle, 275 ; 9 John. 337.
The delivery may be actual, by put-
ting the thing sold in the hands or
possession of the purchaser ; or it may
be symbolical, as where a man buys
goods in a room, the receipt of the
kevs will be sufficient. 1 Ycates, 529 ;
5 Johns. R. 333; 1 East, R. 192; 3
Bos. & Pull. 233; 10 Mass. 308; G
Watts & Serg. 94. As to what will
amount to a delivery of goods and
merchandize, vide 1 Holt, 18 ; 4 Mass.
061 ; 8 Mass. 287 ; 14 Johns. R. 167 ;
15 Johns. R. 349; 1 Taunt. R. 318;
2 II. Black. R. 310, 504 ; 1 New R.
09 ; 0 East, R. 614.

Vol. i. — 55

5. — There is sometimes considerable
difficulty in ascertaining the particular
period when the property in the goods
sold passes from the vendor to the
vendee ; and what facts amount to an
actual delivery of the goods. Certain
rules have been established, and the
difficulty is to apply the facts of the
case.

0. — 1. Where goods are sold, if
nothing remains to Ik: done on the part
of the seller, ns between him and the
buyer, before the article is to be de-
livered, the property has passed. East,
R. 014 ; 4 Moss. 001 ; 8 Mass. 287 ;
14 Johns. 107; 15 Johns. 319; 1
Holt’s R. 18 ; 3 Eng. C. L. R. 9.

7. — 2. Where a chattel is mude to
order, the property therein is not vested
in the quasi vendee, until finished and
delivered, though he has paid for it.
1 Taunt. 318.

8. — 3. The criterion to determine
whether there has been a delivery on a
sale, is to consider whether the vendor
still retains, in that character, a right
over the property. 2 II. Blnckst. R.
816.

9. — -4. Where a part of the goods
sold by an entire contract, has been
taken possession of by the vendee, that
shall be deemed a taking possession of
the whole. 2 II. Bl. R. 504; 1 New
Rep. 69. Such partial delivery is not
a delivery of the whole so as to vest
in the vendee the entire property in the
whole, where some act other than the
payment of the price is necessary to
be performed in order to vest the
property. 6 East, R. 614.

10. — 5. Where goods are sent to
order to a carrier, the carrier receives
them as the vendee’s agent. Cowp.
294; 3 Bos. & Pull. 582; 2 N. R.
119.

11. — 0. A delivery may be made
in a very slight manner; as where one
buys goods in a room, the receipt of
the key is sufficient. 1 Yeates, 529 ;
5 Johns. 335; 1 East, R. 192. Sec
also 3 B. & P. 233 ; 7 East, Rep. 558 ;
1 Camp. 235.

12. — 7. The vendor of bulky articles
is not bound to deliver them, unless lie

434

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stipulated to do so ; he must give I
notice to the buyer thnt he is ready to
deliver them. 5 Scrg. & Knwlo, 19; ,
12 Mass. 300; 4 Shop!. Hep. 49; nnd
see 3 Johns. 399; 13 Johns. 294; 19
Johns. 218; 1 Dali. 171.

13. — 8. A sale of bricks in a brick 1
yard, accompanied with a lease of the
yard until the bricks should be sold
and removed, was held to be valid
against the creditors of the vendor,
without an actual removal. 10 Mass.
308.

14. — 9. Where goods were con-
tracted to be sold upon condition that
the vendee should give security for the
price, nnd they arc delivered without
security being given, but with the
declaration on the part of the vendor
that the transaction should not l>e
deemed a sale, until the security should
be furnished ; it was held that the
goods remained the property of the
vendor notwithstanding the delivery.
But, it seems that in such cases the
goods would be liable for the debts of
the vendee’s creditors, originating after
the delivery ; nnd that the vendee may,
for a bona jute consideration, sell the
goods while in his possession. 4 Mass.
405.

15. — 10. Where goods arc sold to
lie paid for on delivery, if, on delivery,
the vendee refuses to pay for them, the
property is not divested from the ven-
dor. 13 Johns. 434; 1 Ycates, 529.

10. — 11. If the vendor rely on the
promises of the vendee to perform the
conditions of the sale, nnd deliver the
goods accordingly, the right of pro-
j>erty is changed ; but where perform-
ance and delivery arc understood to be
simultaneous, possession, obtained by
nrtificc, will not vest a title in the ven-
dee. 3 Serg. & Rawle, 20.

17. — 12. Where, on the sale of a
chattel, the purchase-money is paid,
the property is vested in the vendee,
and if he permit it to remain in the
custody of the vendor, he cannot call
Upon the latter for any subsequent loss
or deterioration not arising from negli-
gence. 2 Johns. 13; 2 Caines’s R.
38 ; 3 Johns. 394.

18. — In order to make a good dona*
tio mortis causd , it is requisite thnt
there should be a delivery of the sub-
ject to or for the donee, where such
delivery can be made. 3 Binn. R.
370; 2 Ves. jr. 120; 9 Ves. jr. 1.

19. — The delivery of the key of the
place where* bulky goods are doj>ositcd,
is, however, a sufficient delivery of
such goods. 2 Ves. sen. 445. Vido
3 P. Wins. 357 ; 2 Bro. C. C. 612 ; 4
Barn. & A. 1 ; 3 Burn. & C. 45.

See Sale; Stopjxige in transitu;
Tauter; and Domaf, Lois Civiles,
Li v. 1, tit. 2, s. 2; Harr. Dig. Sale,