DEPUTY

A substitute; a person duly authorized by an officer to exercise some or allof the functions pertaining to the office, in tlie place and stead of the latter. Carter v.Horiiback, 139 Mo. 23& 40 S. W. 893; Herring v. Lee, 22 W. Va. 007; Erwin v. U. S. (D.C.) 37 Fed. 476, 2 L. R. A. 229; Wil- lingham v. State, 21 Fla. 776; Ellison v. Stevenson,6 T. B. Mon. (Ky.) 271; People v. Barker, 14 Misc. Rep. 3(10, 35 N. Y. Supp. 727.A deputy differs from an assignee, in that an assignee has an interest in the officeitself, 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 theshadow of the officer in whose name he acts. And there is a distinction in doing an actby an agent and by a deputy. An agent can only bind his principal when he does the actin the name of the principal. But a deputy may do the act and sign his own name, andit binds his principal; for a deputy has, in law, the whole power of his principal.Wharton.

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