a kind of novation, by which the original 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. It results from this definition that a delegation is made by the concurrence 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 procures 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 or 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 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. See Louis. Code, 2188, 2189; 3 Wend. 66; 5 N. H. Rep. 410; 20 John. R. 76; 1 Wend. 164; 14 Wend. 116. DELEGATION, contracts. The transfer of authority from one person to another. It is a general rule that an agent cannot delegate any portion of his power requiring the exercise of discretion or judgment; but he may transfer to others powers or duties merely mechanical in their nature. 1 Hill's (N. Y.) Rep. 501; Bunb. 166; Sugd. Pow. 176; and the article Authority. DELIBERATION, legislation, is the council which is held touching some business, in an assembly having the power to act in relation to it. 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 malignity, 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, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4, 18; Ib. 4, 1; Dig. 47, 1-; Ib. 48, 1. A quasi-delict, quasi delictum, is the act of a person, who, without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Ob. n. 116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1. DELINQUENT, civil law, he who has been guilty of some delict. DELIRIUM, med. jur., is a disease of the mind produced by inflammations, particularly in fevers, and other bodily diseases, specially when approaching to a fatal termination. It is also occasioned by intoxicating agents. Delirium manifests its first appearance "by a propensity of the patient to talk during sleep, and a momentary forgetfulness of his situation, and of things about him, on waking from it. After being fully aroused, however, and his senses collected, the mind is comparatively clear and tranquil, till the next slumber, when the same scene is repeated. Gradually, the mental disorder becomes more intense, and the intervals between its returns, 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 if fully occupied with the images that persons or things around him, and crowd upon his memory, gives no scarcely capable of recognising them attention to those that are presented when aroused by his attendants, his from without. In delirium, there is mind retires within itself to dwell upon an entire abolition of the reasoning the scenes and events of the past power; there is no attempt at reawhich pass before it in wild and dis- soning at all; the ideas are all and orderly array, while the tongue feebly equally insane; no single train of records the varying impressions, in thought escapes the morbid influence, the form of disjointed, incoherent dis- nor does a single operation of the course, or of senseless rhapsody. In mind reveal a glimpse of its natural the delirium which occurs towards vigour and acuteness. In mania, the end of chronic diseases, the dis- however false and absurd the ideas course is often more coherent and may be, we are never at a loss to continuous, though the mind is no discover patches of coherence, and less absorbed in its own reveries. As some semblance of logical sequence the disorder advances, the voice be- in the discourse. The patient still comes more indistinct, the fingers are reasons, but he reasons incorrectly. constantly picking at the bed-clothes, In mania, the muscular power is not the evacuations are passed insensibly, perceptibly diminished, and the indi, and the patient is incapable of being vidual moves about with his ordinary aroused to any further effort of atten- ability. Delirium is invariably attion. In some cases, delirium is attended with great muscular debility; tended with a greater degree of ner- the patient is confined to his bed, and vous and vascular excitement which is capable of only a momentary effort more or less modifies the above-men- of exertion, In mania, sensation is tioned symptoms. The eyes are not necessarily impaired, and in most open, dry, and bloodshot, intently instances, the maniac sees, hears, and gazing into vacancy, as if fixed on feels with all his natural acuteness. some object which is really present In delirium, sensation is greatly im to the mind of the patient; the skin paired, and this avenue to the underis hotter and dryer; and he is more standing seems to be entirely closed. restless and intractable. He talks In mania, many of the bodily funcmore loudly, occasionally breaking tions are undisturbed, and the appear, out into cries and vociferations, and ance of the patient might not, at first tosses about in bed, frequently endea- sight, convey the impression of disvouring to get up, though without any ease. In delirium, every function particular object in view." Ray, Med. suffers, and the whole aspect of the Jur. § 213. patient is indicative of disease. Mania exists alone and independent of any other disorder, while delirium is only an unessential symptom 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 undoub tedly tends to shorten life, is not immediately dangerous, whereas the disease on which delirium depends, "So closely does delirium resemble mania to the casual observer, and so important 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 recognises persons and things, and is perfectly conscious of and remembers what is passing around him. In delirium, he can seldom distinguish one person or thing from another, and, as 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." Ib. § 216. In the inquiry as to the validity of testamentary dispositions, it is of great importance, in many cases, to ascertain whether the testator laboured under delirium, or whether he was of sound mind. Vide Sound mind; Unsound mind; 2 Addams, R. 441; 1 Addams, Rep. 229, 383; 1 Hagg. R. 577; 2 Hagg. R. 142; 1 Lee, Eccl. R. 130; 2 Lee, Eccl. R. 229; 1 Hagg. Eccl. Rep. 256. DELIRIUM TREMENS, med. jur. A species of insanity which has obtained this name, in consequence of the tremour experienced by the delirious person, when under a fit of the disorder. The disease called delirium tremens or mania a potu, 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 be the immediate effect of an excess, or series of excesses, in those who are not habitually intemperate, as well as in those who are; but it most commonly occurs in habitual drinkers, after a few days of total abstinence from spirituous liquors. It is also very liable to occur in this latter class when labouring under other diseases, or severe external injuries that give rise to any degree of constitutional disturbance. The approach of the disease is generally indicated by a slight tremor and faltering 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 the end of which time they have obviously increased in severity, the patient ceases 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 constant, and constitutes the most prominent feature of the disease. This state of watchfulness and delirum continues three 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 does not supervene about this period, the disease is fatal; and whether subjected to medical treatment, or left to itself, neither its symptoms nor duration are materially modified. "The character of the delirium in this disease is peculiar, bearing a stronger resemblance to dreaming, than any other form of mental derangement. It would seem as if the dreams which disturb and harass the mind during the imperfect sleep that precedes the explosion of the disease, continue to occupy it when awake, being then viewed as realities, instead of dreams. The patient imagines himself, for instance, to be in some particular situation, or engaged in certain occupations, according to each individual's habits and profession, and his discourse and conduct will be conformed to this delusion, with this striking peculiarity, however, that he is thwarted at every step, and is constantly meeting with obstacles that defy his utmost efforts to remove. Almost invariably, the patient manifests, more or less, feelings of suspicion and fear, labouring under continual apprehension of being made the victim of sinister designs and practices. He imagines that certain people have conspired to rob or murder him, and insists that he can hear them in an adjoining apartment, arranging their plans and preparing | 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. 36 a, note; 6 Sim. Rep. 31; Gresl. Eq. Ev. 120; Wood. B. 2, c. 3. A delivery may be either absolute, as when it is delivered to the grantor himself; or it may be conditional, 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.) See 2 Bl. Com. 306; 4 Kent, Com. 446; Cruise, Dig. tit. 32, c. 2, s. 87; 5 Serg. & Rawle, 523; 8 Watts, R. 1; and articles Assent; Deed. to rush into his room; or that he is in a strange place where he is forciby detained and prevented from going to his own home. One of the most common hallucinations, is, to be constantly seeing devils, snakes, vermin, and all manner of unclean things around him and about him, and peopling every nook and corner of his apartment with these loathsome objects. The extreme terror which these delusions often inspire, produces in the countenance, an unutterable expression of anguish ; and, in the hope of escaping from his fancied tormentors, 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 identifies with his enemies, though he is generally tractable and not inclined to be mischievous. After perpetrating an act of this kind, he generally gives some illusive reason for his conduct, rejoices in his success, and expresses his regret at not having done it before. So complete and obvious is the mental derangement in this disease, so entirely are the thoughts and actions governed by the most unfounded and absurd delusions, that if any form of insanity absolves from criminal responsibility, this certainly must have that effect. DELIVERANCE, practice, a term used by the clerk in court to every prisoner who is arraigned and pleads not guilty, to whom he wishes a good deliverance. In modern practice this is seldom used. DELIVERY, conveyancing, is the transferring of a deed from the grantor to the grantee or the delivery may be made and accepted by an attorney. This is indispensably necessary to the validity of a deed. As to the form, the delivery may be by words without acts; as, if the DELIVERY, contracts, is the transmitting the possession of a thing from one person into the power and possession of another. Originally delivery was a clear 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 respective warehouses, vessels, carts, and the like. This delivery was properly considered as the true badge of transferred property, as importing full evidence of consent to transfer; preventing the appearance of possession in the transferrer from continuing the credit of property unduly; and avoiding uncertainty and risk in the title of the acquirer. The complicated transactions of modern trade, however, render impossible 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 are deposited in public custody for duties, or in the hands of a manufacturer for the purpose of having some operation of his art performed upon them, to fit them for the market; the distance they are from the house; the frequency of bargains | he has paid for it. 1 Taunt. 318.concluded by correspondence between 3. The criterion to determine whe distant countries; and many other ther there has been a delivery on a obstructions, frequently rendered it sale, is to consider whether the venimpracticable to give or to receive dor still retains, in that character, a actual delivery. In these and such right over the property. 2 H. Blackst. like cases, something short of actual R. 316.-4. Where a part of the delivery has been considered suffi- goods sold by an entire contract, has cient to transfer the property. In been taken possession of by the vensales, gifts, and other contracts, dee, that shall be deemed a taking where the party intends to transfer possession of the whole. 2 H. Bl. R. the property the delivery must be 504; 1 New Rep. 69. Such partial made with the intent to enable the delivery is not a delivery of the whole receiver to obtain dominion over it. so as to vest in the vendee the entire 3 Serg. & Rawle, 20; 4 Rawle, 260; property in the whole, where some 5 Serg. & Rawle, 275; 9 John. 337. act other than the payment of the The delivery may be actual, by put-price is necessary to be performed in 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 keys will be sufficient. 1 Yeates, 529; 5 Johns. R. 335; 1 East, R. 192; 3 Bos. & Pull. 233; 10 Mass. 308. As to what will amount to a delivery of goods and merchandize, vide 1 Holt, 18; 4 Mass. 661; 8 Mass. 287; 14 Johns. R. 167; 15 Johns. R. 349; 1 Taunt. R. 318; 2 H. Black. R. 316, 504; 1 New R. 69; 6 East, R. 614. order to vest the property. 6 East, R. 614.-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.-6. 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. See also 3 B. & P. 233; 7 East, Rep. 558; 1 Camp. 235.-7. The vendor of bulky articles is not bound to deliver them, unless he stiThere is sometimes considerable pulated to do so, he must give notice difficulty in ascertaining the particu- to the buyer that he is ready to delilar period when the property in the ver them. 5 Serg. & Rawle, 19; goods sold passes from the vendor to 12 Mass. 300; 4 Shepl. Rep. 49; the vendee; and what facts amount and see 3 Johns. 399; 13 Johns. to an actual delivery of the goods. 294; 19 Johns. 218; 1 Dall. 171. Certain rules have been established,-8. A sale of bricks in a brick and the difficulty is to apply the facts of the case. 1. Where goods are sold, if nothing remains to be done on the part of the seller, as between him and the buyer, before the article is to be delivered, the property has passed. East, R. 614; 4 Mass. 661; 8 Mass. 287; 14 Johns. 167; 15 Johns. 349; 1 Holt's R. 18; 3 Eng. C. L. R. 9.-2. Where a chattel is made to order, the property therein is not vested in the quasi vendee, until finished and delivered, though 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.-9. Where goods were contracted to be sold upon condition that the vendee should give security for the price, and they are delivered without security being given, but with the declaration on the part of the vendor, that the transaction should not be deemed a sale, until |