References are to Sections. BALLOTS-Continued. perfect ballot is conclusive evidence of voter's intention, 203. mandamus lies to compel them to perform duty, 968. BOARD OF HEALTH, liability of, for official action, 639. can not deal with themselves officially, 840. BOARD OF PUBLIC WORKS, members of, are public officers, 43. BOARD OF REGISTRATION, liability of, 639. See REGISTRATION. BOARD OF SUPERVISORS, mandamus will lie against when, 968. BOARDS-COUNTY, mandamus lies to compel them to perform their duties, 968. why created, 612. are exempt from liability as state agencies, 613. individual members are liable when, 614. how when they are incorporated, 615. liable for defaults of their subordinates, when, 796. BOOKS, of office, delivery of to successors may be compelled by mandamus, 982. References are to Sections. CANVASSERS OF ELECTIONS-Continued. board can act but once, 211. canvassers' findings not conclusive, 212. See ELECTION OFFICERS. CAPTAIN OF SHIP OF WAR, liability for acts of subordinates, 794. lies only to review judicial action, 1001. is not a writ of right, 1002. does not lie where other remedy exists, 1008. not granted where party has been guilty of laches, 1004. does not lie to review discretion, 1005. party applying for writ should have special interest, 1006. II. TO WHAT OFFICERS WRIT IS ISSUED. issued only to judicial and not to ministerial, executive or legislative officers, 1007. illustrations of application of the writ, 1008. III. WHAT QUESTIONS ARE OPEN TO REVIEW. presumption that proceedings are regular, 1009. how when writ addressed to inferior courts or tribunals, 1010. how when writ addressed to quasi-judicial officer, 1011. CITIZEN, how compares with "inhabitant" and "resident," 158. References are to Sections. CLERKS OF COURTS-Continued. are liable in making copies, 688. for their negligence in entering up judgment, 686. must allow inspection of records, 687. are liable for refusal, 687, 688. or may be compelled by mandamus, 687, 688, 965. COLLECTOR OF CUSTOMS, liability of, for official actions, 639. not liable for acts of subordinates, 793. is public officer, 33. 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. COLLEGE PROFESSORS, See SCHOOL OFFICERS. are not public officers, 34. COMMISSION, is evidence of title merely, 117. when it issues, 118. may be revoked, when, 119. can not enlarge term fixed by law, 395. COMMISSIONERS, when are public officers, 35. liability of, for official acts, 639. liability for acts of subordinates, 796. COMMISSIONERS OF PENSIONS, mandamus against, 953. COMMON COUNCIL, members of, are public officers, 43. See ALDERMEN, MandaMUS CONTRIBUTORY NEGLIGENCE, References are to Sections. COMPENSATION OF OFFICER. 1. Right to, against the Public. right to, depends upon a law conferring it, 855, 856. no contract exists to pay it, 855. when none fixed by law, officer can not recover quantum meruit, 856. where no constitutional prohibition, compensation may be altered, this may be done during incumbent's term, 857. act appropriating less sum is not implied reduction, when, 857. fees fixed by law can not be commuted by an annual salary, 857. constitution may prohibit increase during term, 858. this provision can not be evaded, 858. but where no salary has been fixed at all, it may be fixed during may have the increased salary during his second term, 858. officer may recover compensation of two offices if not incompatible, but he can not recover from two sources for the same work, 859. can not recover reward for doing official duty, 861. can not recover for added or incidental services, 862. officer de facto can not recover compensation, 331. but if payment is made to officer de facto, officer de jure can not recover it from government, 332. de jure officer may recover salary paid de facto officer, 333. de jure officer can not recover on bond of de facto officer, 334. 3. Right to, against Third Persons. officer can not recover from third person where his compensation is paid when payment of fees is regulated by law, officer can not recover other- officer making void contract for fees can not recover quantum meruit, fees unlawfully exacted may be recovered or set off, 884. officer can not recover reward for act within line of duty, 885. when no fees are fixed ministerial officer may recover reasonable value, officer may demand prepayment of his fees, 887. officer may retain papers on which he has expended labor until paid, 888. contract that stranger shall receive all of the emoluments is void, 370. References are to Sections. COMPENSATION OF OFFICER- Continued. 8. contracts to pay additional compensation for performance of duty are contract to pay for services in independent employment is valid, 375. when all fees belong to principal he may contract for portion of those but contract to pay principal a fixed sum at all events is void, 380. contracts to diminish are void, 355. COMPROMISE OF CRIME, contracts for effecting, are void, 365. of official bond, effect of, 279. See SHERIFFS. CONSTRUCTION OF AUTHORITY, grants of power are strictly construed, 511. judicial power how limited, 514-516. CONTESTED ELECTIONS, the right to contest, 213. the tribunal, 214. the procedure-statutory remedies, 215. where no statutory method, quo warranto is the remedy, 216. mandamus not the remedy, 217. same subject-the rule stated, 218. presumption of regularity, 219. burden of proof is upon contestant, 220. presumption of regularity may be overthrown, 221. distinction between defective elections and defective returns, 222 irregularities not affecting result may be ignored, 223. contestant must show that irregularities affected result, 224. mandatory provisions must be observed, 225. effect of intimidation or violence, 226. impeaching the returns, 227. correcting the returns, 228. the ballots as evidence, 229. poll-books and tally sheets as evidence, 230. |