References are to Sections. SHERIFFS-Continued. right to demand indemnity, 748. if no indemnity demanded, officer is bound to serve, 749. officer liable for loss resulting from neglecting instructions, 751. officer bound for reasonable skill and diligence, 752. liable for negligence in serving process for appearance, 753. liable for negligence in searching for property, 754. liable for negligence in making an insufficient levy, 755. liable for surrendering property without cause, 756. liable for negligent delay in making levy, 757. liable for neglect to levy at all, 758. liability for escapes, 759. liability for neglect in keeping property seized, 760. delivery bonds-receiptors, 761. liability for accepting insufficient bonds, 762. liability in making sales, 763. liability for not making return and for a false return, 764. liability for money received, 765. the measure of damages, 766. b. To the Defendant in the Writ. in general, 767. no liability arises from proper service of valid process, 768. what is meant by process, 769. liability for illegal arrest, 770. liability for refusing bail or other abuses, 771. liability for levy under void, paid, expired or superseded process, 772. liability for disregarding exemptions, 774. liability for neglect in caring for property, 775. liability for taking insufficient security, 776. liability for misconduct in making sale, 777. liability for other abuse of process, 778. liability for unlawfully breaking into the dwelling-house, 779. To Strangers to the Writ. in general, 780. liability for arrest upon warrant against another, 781. liability for taking goods of one person on writ against another, 782. liability for levy on mortgaged property, 783. References are to Sections. STATE, ratification by, 555. See PUBLIC. officer should act in name of, when, 582. entitled to priority of payment, 925. not estopped by unauthorized acts of its officers, 924. may recover value of goods sold by its agents, 920. may sue upon and enforce contracts made by officer, 918. can not be sued without its consent, 836. rule can not be evaded by bringing action against state officer on state STATE AUDITOR, mandamus lies against, when, 960. STATE OFFICERS, See GOVERNMENTAL OFFICERS. STUDENTS AT COLLEGE, where may vote, 159. See DEPUTIES. Liability of Buperior for Acts of. in general, 788. I. PUBLIC OFFICERS OF GOVERNMENT. public officers of government not liable for acts of his official subordi. nates, 789. exceptions to this rule, 790. this rule applies to postofficers, 791. to mail contractors, 792. to collectors of customs, 793. to captain of ship of war, 794. to confederate district commissary, 795. liable for defaults of their deputies, 797. this rule applies to sheriffs, 798. to recorders of deeds, 799. to clerks of courts, 800. to other officers, 801. SUPERINTENDENTS OF CANALS, are public officers, 60. are liable for their neglects, SUPERVISORS, References are to Sections. liability of, for official acts, 639. SURETIES, a. BOND EXECUTED IN BLANK. when surety bound by filling of blanks, 278. 6. CONDITIONAL DELIVERY OF BONDS. where surety bound by delivery contrary to condition, 279. erasure of name of one surety, 281. 6. LIABILITY OF SURETIES FOR DEFAULT OF PRINCIPAL. extends to official acts only, 283. distinction between acts done, colore officii and virtute officii, 284. how when time of default can not be ascertained, 288. how far officer's accounts are conclusive upon sureties, 289. how far judgment against principal is conclusive upon sureties, 290. the contrary view, 292. when official bonds are cumulative, 293. when special bond supersedes general, 294. liability of sureties for funds illegally received, 295. sureties estopped to deny official character of principal, 296. one view which prevails, 298. a second view, 299. a third view, 300. a fourth view, 301. illustrations of the stricter rules, 302. illustrations of the more liberal rules, 303. d. RELEASE OF SURETIES. sureties released by material alteration of contract, 304. by what law their contract interpreted, 305. effect of increasing duties or changing character of office, 306. not released by extension of time for accounting, 307. sureties not released by laches of government, 308. sureties not released by concealment of previous default, 309. SURGEONS, pension, are not officers of U. S., 59. SUSPENSION OF OFFICER, not warranted by authority to remove, 453. TAX, payment of, as condition of holding office, 81. References are to Sections. TAX OFFICER, 1. COLLECTOR. is public officer, 88. must act only by warrant, 689. is protected by process fair on its face, 690. how affected by extrinsic knowledge of defects, 691. liability for money received on void process, 694. liability for not levying tax, 784. the measure of damages, 785. action may be brought in foreign state, 786. Mability for false return, 787. TEACHERS, TERM, See SCHOOL OFFICERS AND TEACHERS. what is meant by term, 885. when term begins, 386. legislature can not change term fixed by the constitution, 387. in other cases legislature may prescribe, 388. legislature may change term, 389. construction of laws fixing term, 390. subsequent terms presumed to be of same length as first, 391. presumption from order of appointment, 392. presumption from times for appointment, 393. incumbent estopped by his own interpretation, 394. governor can not enlarge term by the commission, 395. I. WHERE DURATION OF TERM IS FIXED. expiration of term dissolves officer's authority, 396. how when authorized to hold over, 397. officer who has held for full constitutional period can not hold over, 398. provisions for holding over do not apply to office declared forfeited, 400. right to hold over does not revive on death of successor, 401. officers filling vacancies in elective offices hold only till next election, 402, right to hold over applies to officers elected by legislature, 404. II. WHERE DURATION OF TERM IS UNCERTAIN. office created for performance of a single act terminates upon its per- officer holding during pleasure of appointing power removable at will, 406. office vacated by abolishment of appointing power, 407. office vacated by repeal of law creating it, 403. TERMINATION OF OFFICER'S AUTHORITY, References are to Sections. TERMINATION OF OFFICER'S AUTHORITY—Continued. what is meant by term, 385. when term begins, 386. legislature can not change term fixed by the constitution, 387. · legislature may charge term, 389. constitution of laws fixing term, 390. subsequent terms presumed to be of same length at first, 391. presumption from order of appointment, 392. presumption from times for appointments, 393. incumbent estopped by his own interpretation, 394. government can not enlarge term by the commission, 395. I. Where Duration of Term is Fixed. expiration of term dissolves officer's authority, 396. how when authorized to hold over, 397. 398. officer who has held for full constitutional period can not hold over, right to hold over applies to officers elected by legislature, 404. II. Where Duration of Term is Uncertain. office created for performance of a single act terminates upon its perform- officer holding during pleasure of appointing power removable at will, office vacated by abolishment of appointing power, 407. office vacated by repeal of law creating it, 403. BY RESIGNATION OF THE OFFICE. in general-officers may resign, 409. cannot resign until elected and qualified, 410. what constitutes a resignation, 411. in what form made, 412. to whom resignation is to be made, 413. resignation not complete unless it is accepted, 414. what amounts to an acceptance, 415. when officer holds until successor is chosen, notwithstanding acceptance of his resignation, 416. withdrawal of resignation, 417. resignation while insane, 418. BY ACCEPTANCE OF ANOTHER OFFICE. L By Acceptance of Incompatible Office. acceptance of second office incompatible with first vacates first, 420. what constitutes incompatibility, 422. Illustrations of incompatible offices, 423. |