Substitute
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SUBSTITUTE, contracts. One placed under another to transact business for
him; in letters of attorney, power is generally given to the attorney to
nominate and appoint a substitute.
2. Without such power, the authority given to one person cannot in
general be delegated to another, because it is a personal trust and
confidence, and is not therefore transmissible. The authority is given to
him to exercise his judgment and discretion, and it cannot be said that the
trust and confidence reposed in him shall be exercised at the discretion of
another. 2 Atk. 88; 2 Ves. 645. But an authority may be delegated to
another, when the attorney has express power to do so. Bunb. 166; T. Jones,
110. See Story, Ag. Sec. 13, 14. When a man is drawn in the militia, he may
in some cases hire a substitute.