A Treatise on the Law of Public Offices and Officers

Přední strana obálky
Callaghan, 1890 - Počet stran: 751

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Obsah

Commission is evidence merely
54
Power may exist in two classes of cases
61
Same subjectRule in United States courts 137
69
State may prescribe forfeiture of franchise as punishment for crime 165
73
Must be exercised in the legitimate mode 141
75
Validity of registration laws 149
82
Requirements as to time place and manner must be observed 153
90
Usual qualifications required 157
96
Ownership of land 163
102
This is not a cruel or unusual punishment 166
104
Special electionNotice requisite 176
110
Voter must vote in person 187
116
Names must be clearly expressed 199
122
What Constitutes an Election
128
The Canvass and Returns
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
Sureties not released by concealment of previous default 809
162
Form of Bonds
167
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
182
Same subjectThe contrary view 292
188
Same subjectA fourth view 301
194
By what law their contract interpreted Same subjectEffect of increasing duties or changing character of office 306 807
203
Whether approval is a ministerial or judicial act 314
210
Usurper and intruder defined 321
216
Title of officer de facto cannot be questioned collaterally 330
222
Mandamus will not lie to install officer de jure 346
228
Contracts opposed to public policy are void
229
BY THE EXPIRATION OF HIS TERM
253
Right to hold over does not revive on death of successor 401
259
To whom resignation is to be made 413
261
BY ACCEPTANCE OF ANOTHER OFFICE
267
BY ABANDONMENT of office
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
Impeachments originate in the house but are tried by the senate 470
300
Removal from office and disqualification 473
302
Same subjectWhat are not offices 481
311
Interest of relator 490
317
Trial by jury 495
323
Authority varies with nature of office
327
OF THE SOURCE OF THE AUTHORITY
329
Authority limited to official term
333
Judicial power can be conferred only on judicial offices
339
Ministerial powers limited to those expressly granted or necessarily
345
What amounts to a Ratification
355
How in case of a State 555
361
Purpose of this chapter
367
Private trust or agency must be executed by all 571
374
Same subjectPresumption not indulged in to show other officer
380
OF DUTIES AND LIABILITIES IN GENERAL
386
Performance of duties resting in discretion 594
389
OF THE LIABILITY OF GOVERNMENTAL OFFI
393
President of the United States 607
395
How when trustees c are incorporated 615
399
Same subjectOther reasons 620
402
This immunity extends to judicial officers of all grades 622
406
Jurisdiction definedJurisdiction of the person of the subjectmatter
407
Same subjectLiability for acting under void statute 631
414
QUASIJUDICIAL OFFICERS
420
Only proximate damages can be recovered 675
449
Are liable for ministerial defaults 686
455
Highway Officers
461
Same subject3 For defective certificate 709
468
What rules and regulations are validInstances 721
473
Teacher not liable to parent for refusing to receive child as pupil 732
479
Duty in furnishing copies of records 740
485
Liable for negligence in serving process for appearance 753
492
Liability for escapes 759
498
Liability for money received 765
504
Liability for levy under void paid expired or superseded process 772
510
To Strangers to the Writ
518
B FOR DEFAULTS OF HIS OFFICIAL SUBORDINATES
528
Not liable for negligence of subordinates 796
531
OF THE LIABILITY OF PUBLIC OFFICERS
537
Officer liable who conceals fact of his agency 814
543
Cases distinguishing public officers 823
549
OF THE LIABILITY OF THE PUBLIC FOR
553
State liable for breach of binding contractProspective profits 836
559
OF THE RIGHTS OF THE OFFICER AGAINST
576
Not deprived of salary by sickness 866
582
RIGHT TO REIMBURSEMENT AND INDEMNITY
588
When no fees are fixed ministerial officer may recover reasonable value 886
594
OF THE LIABILITY OF THE PARTY WHO SETS
600
Same subjectEffect of ratification 907
606
DUTY TO ACCOUNT FOR PUBLIC PROPERTY
608
Same subjectLegislature may relieve officer from his liability 913
612
CHAPTER XIIIOF THE RIGHTS OF THE PUBLIC AGAINST
615
This immunity from liability is not affected by motive
621
Lies to compel performance of ministerial duties 978
622
Must be officer having power and duty to actde facto officers
627
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 974
653
OF THE NATURE OF THE REMEDY
657
Nor against executive officers of government 987
659
CHAPTER IIIOF CERTIORARI TO PUBLIC OFFICERS
665
OF THE WRIT OF PROHIBITION
672
Officer de facto liable 1024
678
Office once abandoned cannot be resumed 440
681
When action may be begun 914
Holding Prior Office
5
To Taxing Officers
6
Authority to appoint deputies 569
7
Officer making void contract for fees can not recover quantum meruit 883
11
Agreements to appoint one to office are void
11
By engaging in duel
11
To captain of ship of war 794
11
Not a natural right
15
Property Qualifications
16
This immunity extends to judicial officers of all grades 622
23
Officer can not deal with himself without principals knowledge and con
26
Ministerial officer acting with due care according to law incurs no lia
27
Are to some extent public officers
29
Same subjectEffect of termination of termAbatement of pending
33
Lies to compel levy of tax to pay established claim 971
34
Liable for neglect of prescribed duties 684
35
867
44
The Liability of Municipal Corporations
45
Authority may be conferred by ratification
51
Office created for performance of a single act terminates upon its per
60
Usually civil officers only 471
63
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Strana 20 - 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 621 - 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 648 - 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 149 - 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 48 - 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 86 - 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 44 - 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 33 - 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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