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Authority, Power

  • 11a.  A delegated power cannot be again delegated. 2 Inst. 597; Black’s 2d. 347; 2 Bouv. Inst. n. 1300.  A deputy cannot have (or appoint) a deputy.  Story, Ag. s. 13; 9 Coke, 77; 2 Bouv. Inst. n. 1936.
  • 11f.  Power can never be delegated which the authority said to delegate never possessed itself. N.J. Steam Co. v. Merch Bank, 6 How. (47 U.S.) 344, 407.
  • 11i.  Where there is no authority for establishing a rule, there is no necessity of obeying itBlack’s, 2d. 1181; Dav. Ir. K.B. 69. Useless power is to no purpose. Branch, Princ.
  • 11j.  One has authority when he has a legal or rightful power to act. C.L.M.
  • 11t.  He who contemns (or contemptuously treats) a command contemns the party who gives it. 12 Coke, 97.

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