DELAY, civil law. The time allowed either by law or by agreement of the parties to do something.

2. The law allows a delay, for a party who has been summoned to appear, to make defence, to appeal; it admits of a delay during which and action may be brought, certain rights exercised, and the like.

3. By the agreement of the parties there may be a delay in the payment of a debt, the fulfilment of a contract, &c. Vide Code, 3, 11, 4; Nov. 69, c. 2 Merl. Rep. h

DELECTUS PERSONAE. This phrase, which literally¹ signifies the choice of a person, is applied² to show that partners have the right to select their copartners; and that no set of partners can take another person into the partnership³, without the consent of each of the partners. Story on Partn. 6 Colly. on Partn. 4; 1 Swanst. 508; 2 Bouv. Inst. n. 1443.

DELEGATE. A person elected by the people of a territory of the United States, to congress, who has a seat in congress, and a right of debating, but not of voting. Ordinance⁴ of July, 13, 1787, 3 Story's L. U. S. 2076.

2. The delegates from the territories of the United States are entitled to send and receive letters, free of postage, 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 February 18, 1802, 2 Story, L. U. S. 828.

3. A delegate is also a person elected to some deliberative assembly, usually one for the nomination⁵ of officers.

4. In contracts, a delegate is one who is authorized⁶ by another in the name of the latter; an attorney.

DELEGATION⁷, civil law. It is a kind of novation, (q. v.) by which the original debtor⁸, in order to be liberated⁹ from his creditor¹⁰, 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 made by the concurrence¹¹ of three parties, and that there may be a fourth. There must be a concurrence, 1. Of the party delegating, that is, the ancient debtor, who procures¹² another debtor in his stead. 2. Of the party delegated, who enters into the obligation in the place of the ancient debtor, either to the creditor of to some other person appointed by him. 3. Of the creditor, who, in consequence of the obligation contracted by the party delegated, discharges the party delegating. Sometimes there intervenes 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. Poth. Ob. part. 3, c. 2, art. 6. See Louis. Code, 2188, 2189; 3 Wend. 66; 5 N. H. Rep. 410; 20 John. R. 76; 1 Wend. 164; 14 Wend. 116; 11 Serg. & Rawle, 179.

3. Delegation is either perfect or imperfect. It is perfect, When the debtor who makes the delegation, is discharged by the creditor. It is imperfect when the creditor retains his rigbts against the original debtor. 2 Duverg. n. 169. See Novation.