United States Law
In United States law one of the earliest mentions of the principle occurred when it was cited by counsel for one of the litigants before the Supreme Court of Pennsylvania in 1794, in M'Intire v. Cunningham, 1 Yeates 363 (Pa. 1794). The summary of the case reports, "Mr. Wilson had given no power to Noarth to transact his business; but if he even had, it is a maxim, that delegata potestas non potest delegari."
The maxim was first cited by the Supreme Court of the United States in United States v. Sav. Bank, 104 U.S. 728 (1881), where the case summary reports that one of the litigants argued that, "The duty imposed by statute on the commissioner cannot be delegated to a collector. Delegata potestas non potest delegari."
Read more about this topic: Delegata Potestas Non Potest Delegari
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