Wells’ Notebook, 362
Court of Quarter Sessions of Delaware.
1797.
The defendants entered Marvel’s house to execute a writ of homine replegiando to obtain possession of a Negro about to be exported. It appeared that the sheriff’s deputy had deputized a person to serve the writ, and the counsel for the prosecution objected that a deputy could not create a deputy.
PER CURIAM. BOOTH, C. J.
A deputy cannot make a deputy with the same powers, yet he may authorize the doing of a particular act. They said, likewise, that this writ was not (as it had been argued) obsolete, it being used through the state.
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