References are to Sections. INJUNCTIONS AGAINST PUBLIC OFFICERS-Continued. writ lies to prevent illegal expenditure or appropriation of public funds, lies to prevent violation of duty, 997. lies to prevent removal of office, 998. does not lie to prevent action by de facto officer, 345. INSIGNIA OF OFFICE, delivery to successor compelled, 981, 982. INSPECTION OF RECORDS, clerk must allow, when, 687. recorder of deeds must allow, when, 738. liability of, 639. INSPECTORS OF PROVISIONS, when liable for negligence, 702. INTIMIDATION, effect of, on elections, 226. INTRUDER, into office defined, 321. acts of are void, 321. JOINT AUTHORITY, private trust or agency must be executed by all, 571. public trust or agency may be executed by a majority, though all must presumption that all acted, 573. where no majority possible all must act, 574. full board must be in existence, 575. not required to meet in any particular office, 576. previous agreement as to joint action void, 577. all may ratify act of part, 578. presumption of due execution, 579. presumption not indulged in to show other officer in default, 580. JUDGE, See JUDICIAL OFFICERS. JUDGE OF PROBATE, can not deal with himself officially, 848. JUDICIAL OFFICERS, who meant by judicial officer, 617. judicial officer-quasi-judicial officer, 618. L AUTHORITY OF. Judicial power limited to jurisdiction conferred, 514. Judicial power can be conferred only on judicial officers, 515. References are to Sections. JUDICIAL OFFICERS—Continued. disqualification of judge from acting-by interest, 517. by relationship or affinity, 518. by friendly or hostile relations, 519. by having been counsel for either party, 520. II. LIABILITY OF JUDICIAL OFFICERS. Judicial officer not liable for private action for judicial action within his reasons given for the exemption, 620. this immunity from liability is not affected by motive, 621. this immunity extends to judicial officers of all grades, 622. jurisdiction essential to this immunity, 624. jurisdiction defined-jurisdiction of the person, of the subject-matter, of act must be confined within his jurisdiction, 626. when jurisdiction presumed-superior and inferior courts, 627. judge of superior court liable only where there is clear absence of all distinction between absence and excess of jurisdiction, 629. judge of inferior court liable where he acts without or in excess of liability for acting under void statute, 631. limitations on liability of inferior officer for error in assuming doubt- reasons assigned for this distinction, 633. officer not liable when jurisdiction is assumed through mistake of Judicial officer is liable when he acts ministerially, 635. III. LIABILITY OF QUASI-JUDICIAL OFFICERS. in general, 636. quasi-judicial functions defined, 637. quasi-judicial officer exempt from civil liability for his official action, 638. whether liability affected by motive, 640. officer must keep within his jurisdiction, 641. quasi-judicial officer liable who invades rights of property, 642. liable where he acts ministerially, 643. JUDGMENT, against officer, how far conclusive on surety, 290. JURISDICTION, jurisdiction essential to immunity of judge, 624. jurisdiction defined-jurisdiction of the person, of the subject-matter, of act must be confined within his jurisdiction, 626. when jurisdiction presumed-superior and inferior courts, 627. judge of superior court liable only where there is a clear absence of References are to Sections. JURISDICTION-Continued. distinction between absence and excess of jurisdiction, 629. judge of inferior court liable where he acts without or in excess of liability for acting under void statute, 631. limitations on liability of inferior officer for error in assuming doubt- reasons assigned for this distinction, 633. officer not liable when jurisdiction is assumed through mistake of JURORS, liability of, for official acts, 639. JURY, trial by, in quo warranto cases, 495. JUSTICES OF THE PEACE, are public officers, 40. liability of, for official acts, 630-634 and notes. LACHES, See NOTICE. government not bound by laches of its officers, 308. OF LIABILITY IN GENERAL. liability follows duty, 597. no right of action by an individual for a breach of duty owing solely to inquiry alone does not confer right of action, 599. individual suing must show special injury to himself, 600. LIABILITY OF GOVERNMENTAL OFFICERS TO PRIVATE A ́TION, governmental duties are owing to the public, 603. governmental powers are confided to the discretion of the officer, 604 upon what officers this power is conferred, 606. president of the United States, 607. cabinet officers and heads of departments, 608. how in case of ministerial duties, 610. other state officers, 611. II. PUBLIC BOARDS, COMMISSIONERS AND TRUSTEES. enjoy immunity as state agencies, 613. individual members liable when, 614. how when trustees, etc., are incorporated, 615. LIABILITY OF JUDICIAL OFFICERS TO PRIVATE ACTION, References are to Sections. LIABILITY OF JUDICIAL OFFICERS TO PRIVATE ACTION— Continued. who meant by judicial officer, 617. judicial officer-quasi-judicial officer, 618. I. JUDICIAL OFFICERS. Judicial officer not liable for private action for judicial act within his jur. other reasons, 620. this immunity from liability is not affected by motive, 621. this immunity extends to judicial officers of all grades, 622. jurisdiction essential to this immunity, 624. jurisdiction defined-jurisdiction of the person, of the subject-matter, of act must be confined within his jurisdiction, 626. when jurisdiction presumed—superior and inferior courts, 627. Judge of superior court liable only where this is a clear absence of all distinction between absence and excess of jurisdiction, 629. judge of inferior court liable when he acts without or in excess of liability for acting under void statute, 631. limitations on liability of inferior officer for error in assuming doubt- ful jurisdiction, 632. reasons designed for this distinction, 633. officer not liable when jurisdiction is assumed through mistake of fact, 634. Judicial officer is liable when he acts ministerially, 635. II. QUASI-JUDICIAL OFFICERS. in general, 636. quasi-judicial functions defined, 637. quasi-judicial officer exempt from civil liability for his official actions, 638. to what officers this rule applies, 639. whether liability affected by motive, 640. officer must keep within his jurisdiction, 641. quasi-judicial officer liable who invades right of property, 642. liable where he acts ministerially, 643. LIABILITY OF PUBLIC FOR ACTS AND CONTRACTS OF OFFICERS, authority is created by law, 828. persons dealing with officer must ascertain his authority, 829. authority will be strictly construed, 830. contract must be in form prescribed by law, 831. limits fixed by law must not be exceeded, 832. conditions precedent must be complied with, 833. public only bound while officer keeps within his authority, 834. state liable for breach of binding contract-prospective profits, 836. References are to Sections. LIABILITY OF PUBLIC FOR ACTS AND CONTRACTS OF OFFI. estoppel of government to deny officer's authority, 837. ratification of unauthorized acts and contracts, 838. officer can not deal with himself without principal's knowledge and con- to what officers this rule applies, 840. II. FOR THE ACTS, DECLARATIONS AND ADMISSIONS OF THE OFFICER. acts within the scope of his authority bind the public, 842. III. BY NOTICE TO THE OFFICER. in private agencies, notice to agent is notice to principal, 844. notice to the officer, when notice to the public, 846. IV. FOR THE TORTS OF ITS OFFICERS. in general, 847. 1. The Liability of the United States. United States government not liable for torts of its officers and agents, 848. 2. The Liability of States. state not liable for torts of its officers and agents, 849. 3. The Liability of Municipal Corporations. municipal corporation not liable for torts of its public officers, 850. illustrations of this rule, 851. municipal corporations not liable for acts done ultra vires, 852. municipal corporation is liable for torts of its servants and agents com- LIABILITY OF PUBLIC OFFICERS ON CONTRACTS, government can act only through its officers or agents, 803. officer or agent should act only in name of the government, 804. will not be held liable except where intent is clear to make them so, 806 but where intent is clear, they will be personally charged, 808. officer may be liable when knowing he has no authority, he makes com officer liable who disavows his official character, 813. officer liable who conceals fact of his agency, 814. officer may be liable where there is no responsible principal, 815. |