A Treatise on the Law of Public Offices and Officers

Přední strana obálky
Callaghan, 1890 - Počet stran: 751

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Obsah

Aliens can not hold office 74
27
Can not defeat constitutional discretion 87
33
Where no constitutional probibition legislature may change qualifica
36
State vs Federal 95
39
Appointments to fill vacancies occurring in offices originally filled
41
Necessity of appointment or election 100
42
Necessity of written appointment 115
48
Commission is evidence merely 117
54
Power may exist in two classes of cases 125
61
OF ELECTION TO OFFICE
73
In the territories congress prescribes qualifications 147
79
Same subjectRegulations must be reasonable 151
87
Effect where no opportunity for registration is provided 155
93
Residence 159
99
Disability may be removed by pardon 168
105
Same subjectHolding of election prevented by aet of God 179
111
Usually required to vote by ballot 190
117
What Constitutes an Election
128
Whether newly created office is vacant
132
Canvassing the vote 207
134
The procedureStatutory remedies 215
140
Correcting the returns 228
146
Same subjectVoter may disclose voluntarily 234
152
OF ACCEPTANCE OF OFFICE
155
OF QUALIFYING FOR THE OFFICE
161
Mental capacity
164
When defective statutory bond good as common law obligation 271
169
Where surety bound by delivery contrary to condition 279
175
Same subjectSureties for one office not liable for default in another 285
182
Same subjectThe contrary view 292
188
Same subject A fourth view 301
194
Same subjectEffect of increasing duties or changing character of office 808
203
730
204
Purpose of chapter 315
211
BY THE EXPIRATION OF HIS TERM
253
To whom resignation is to be made 413
261
Statutes usually directory and not mandatory
265
BY ACCEPTANCE OF ANOTHER OFFICE
267
In general 884
276
Death of single officer creates vacancy 442
281
Necessity of notice and hearing before removal 454
287
What constitutes a removalImplied removal 459
294
Purpose of this chapter 27
299
Impeachments originate in the house but are tried by the senate 470
300
In general 477
304
Effect of acquiescence 486
315
The replication 493
322
Purpose of this chapter 500
328
Written or unwrittenexpress or implied 545
355
How in case of a State 555
361
CHAPTER ILOF THE EXECUTION OF THE AUTHORITY
367
Authority of deputies 570
373
IN WHOSE NAME AUTHORITY SHOULD BE EXERCISED
381
What is meant by term
385
Purpose of this chapter 847
386
Subsequent terms presumed to be of saine length as first
391
OF THE LIABILITY OF MINISTERIAL OFFICERS
437
Oficer who rebels against government forfeits office
441
Same subjectDetermination of occasion or conditions not excluded 658 659
443
Only proximate damages can be recovered 675
449
Usually civil officers only
471
Are liable only when actuated by malice
472
Liability for escapes 759
498
Liability for money received 765
504
Liability for refusing bail or other abuses 771
510
To Strangers to the Writ
518
In general
528
Not liable for negligence of subordinates
531
Corporations private and municipal may ratify
534
OF THE LIABILITY OF PUBLIC OFFICERS
537
Principal must have present ability
540
Oficer liable who conceals fact of his agency 814
543
Cases distinguishing public officers 823
550
OF THE LIABILITY OF THE PUBLIC FOR
553
In general 854
576
Not deprived of salary by sickness 866
582
Public may not be garnished for compensation of its officers 875
588
ClassificationDuties to public duties to individuals
590
OF THE RIGHTS OF THE PUBLIC AGAINST
591
When no fees are fixed ministerial officer ma recover reasonable value 886
594
OF THE LIABILITY OF THE PARTY WHO SETS
600
Same subjectEffect of ratification 907
606
Same subjectOther reasons
620
BOOK V
621
Lies to compel performance of ministerial duties
622
Does not lie to control discretion 945
631
To heads of departments 953
637
Lies to enforce ministerial but not discretionary duties 957
643
To County and other Boards and Bodies
649
Judicial discretion not interfered with 975
653
Purpose of this chapter
657
Nor against executive officers of government 987
659
Definition of the writ 1000
665
i
672
Oficer de facto liable 1024
678
Assessors 28
Oficer making void contract for fees can not recover quantum meruit 883
Contracts for procuring pardons 366
State liable for breach of binding contractProspective profits 836
To captain of ship of war 794
CAUSES OF DISQUALIFICATION
Whether lies against governor and other state officers 988
FOR THE Acts DECLARATIONS AND ADMISSIONS OF THE OFFICER
Are liable for injuries from defaults 685
Liability for not performing ministerial dutyRequiring bond from con
The liability of States
2
Antiquity of the writ
3
Officer liable for loss resulting from neglecting instructions
7
State not liable for torts of its officers and agents 849
9
Where all fees belong to principal he may contract for portion of those
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Strana 34 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Strana 635 - In such cases, their acts are his acts ; and whatever opinion may be entertained of the manner in which Executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political; they respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive.
Strana 662 - But it has been well settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.
Strana 10 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office...
Strana 163 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...
Strana 4 - The officer is distinguished from the employee in the greater importance, dignity and independence of his position; in being required to take an .official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though not necessarily, in the tenure of his position.
Strana 62 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.
Strana 100 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Strana 58 - The townships are only subordinate to the states in those interests which I shall term social, as they are common to all the citizens. They are independent in all that concerns themselves ; and among the inhabitants of New England, I believe that not a man is to be found who would acknowledge that the state has any right to interfere in their local interests.
Strana 47 - When a person has been nominated to an office by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete.

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