LEGISLATURE, References are to Sections, power to prescribe qualifications for office, 66. to appoint officers, 106, 107. to fill local offices by permanent appointments, 123. to change qualifications of voters, 148. to control caucuses and nominating conventions, 143. to alter or abolish offices, 465, 467. to alter compensation of officers, 857. to affect powers of constitutional office, 504. can not prescribe religious or political tests as qualifications for office, contracts to influence action of, are void, 360. power of, is limited by the constitution, 521. LIEN, officer has, for his fees, when, 888. contracts for, are void, 360, 361. LOCAL SELF-GOVERNMENT, is part of our political system, 123. local offices not permanently filled by legislature, 123. when officer charged with, 912. when his sureties are liable for, 297, 303. References are to Sections. MANDAMUS TO PUBLIC OFFICERS, 1. THE GENERAL NATURE OF THE REMEDY. antiquity of the writ, 927. originally a prerogative writ, 928. the modern writ defined, 929. authority to issue, how conferred, 930. is an original writ, 931. not a prerogative writ in the United States, 932. is a civil proceeding, 934. is not a creative remedy, 935. how compares with injunction, 930. II. UNDER WHAT CONDITIONS ISSUED. lies only to enforce existing specific duty, 937. does not lie to enforce doubtful right, 938. must be officer having power and duty to act--de facto officers, 939. effect of termination of term-abatement of pending proceedings, 940. does not lie where there is other adequate remedy, 941. does not lie to compel performance of useless, impossible or unlawful may be denied in exercise of legal discretion, 943. lies only to compel performance of official duty, not contracts, 944. does not lie to control discretion, 945, but officer vested with discretion may be compelled to take action, 946. upon whose application writ will be issued, 948. necessity of demand before issue, 949. writ not granted till officer in default, 950. in general, 951. 1. To Officers of the United States. to president, 952. to heads of departments, 953. 2. To State Officers. 1. Governor. does not lie to control his official discretion, 954. how in case of ministerial acts—authorities against its use, 955. authorities permitting its use, 956. 2. Other State Officers. lies to enforce ministerial but not discretionary duties, 957, to secretary of state, 958. to state treasurer, 959. to state auditor, 960. to attorney-general, 961. to commissioner of insurance, 962. 8. To County Officers. in general, 963. References are to Sections. MANDAMUS TO PUBLIC OFFICERS—Continued. to county clerk, 965. to recorders of deeds, 966. to sheriffs, 967. 4. To County and other Boards and Bodies. granted to require performance of ministerial duties, but not to control 5. To Municipal Officers. in general, 969. granted to enforce ministerial duty, but not to control discretion, 970. lies to compel levy of tax to pay established claim, 971. 7. To School Officers. lies to compel performance of duty, 972. 8. To Election Officers. lies to compel performance of ministerial duties, 973. 9. To Judicial Officers. judicial discretion not interfered with, 974. Judicial officer may be compelled to act, 975. judicial officer may be compelled to perform ministerial acts, 976. 10. To Legislative Officers. does not lie to control legislative action, 977. 11. To Try Title to Office. does not lie to try title, 978. lies to instate one whose title is clear, 979. lies to restore officer wrongfully removed, 980. lies to restore insignia of office, 981. 12. To Compel Delivery of Books and Papers. lies to compel officer to deliver books and papers to his successor, 983. MEDICAL SUPERINTENDENTS, are public officers, when, 42. MENTAL CAPACITY, required to hold office, 69. to make one a voter, 164. MERCHANT APPRAISERS, are not public officers, 44. MINISTERIAL OFFICERS, who designated as ministerial officers, 655. ministerial functions and officers defined, 657. determination of occasion or conditions not excluded, 658. tested by mandamus, 659. ministerial powers are limited to those expressly conferred or necessarily References are to Sections. MINISTERIAL OFFICERS-Continued. ministerial officer can not question validity of law requiring his action, can not act in his own behalf, 524. presumption of authority, 525. judicial officer may act ministerially, 660. A. LIABILITY FOR HIS OWN DEFAULTS. I. IN GENERAL OF THE DUTY AND THE LIABILITY. ministerial officer acting with due care according to law incurs no lia unconstitutional law affords no protection, 662. officer must keep within authority conferred by law, 663. ministerial officer who fails to act or who acts improperly liable to party what this rule includes, 665. duty must be one which officer may lawfully perform, 666. duty of officer must be absolute, 667. duty of officer must be personal, 668. officer must have legal authority and ability to perform, 669. mistake or good faith no excuse, 670. that violation is punishable no defence, 671. no excuse that duty was owing primarily to public if individual has but no liability where duty owing solely to the public, 673. party suing must show injury from breach of duty owing to himself, 674. de facto officer liable for negligence, 676. presumption of due performance, 677. subordinate officers are liable for their own defaults, 678. liability of deputies, 679. effect of contributory negligence, 680. liability where services are gratuitous, 681. liability of officer upon his bond, 682. II. LIABILITY OF PARTICULAR OFFICERS. 1. Assignee in Bankruptcy. liable for neglect of prescribed duties, 684. are liable for injuries from defaults, 685. 3. Clerks of Courts. are liable for ministerial defaults, 686. 4. Collector of Taxes. must act by warrant, 689. protected by process fair on its face, 690. effect of extrinsic knowledge of defects, 691. References are to Sections. MINISTERIAL OFFICERS-Continued. collector not protected if warrant not fair on its face, 692. 5. Election Officers. registration officers, 696. canvassers, 697. inducting officers, 698. 6 Highway Officers. not liable for lawful acts within their jurisdiction, 699. distinction between judicial and ministerial acts by such officers, 700. liable for neglect to repair where charged with duty and provided with liable for negligence in presenting or protesting negotiable paper, 704. liability for defaults in taking acknowledgments, 706. for knowingly making a false certificate, 707. for mistakes in identity of parties, 708. for defective certificate, 709. default of notary must be proximate cause of injury, 710. the measure of damages, 711. mitigation of damages, 712. 9. Post Officers. each liable for his own defaults only, 713. 10. Public School and College Officers and Teachers. distinction to be made between public and private schools, 714. a. Officers. have power to enact reasonable rules and regulations, 715. what this rule includes, 716. rules need not be formal or of record, 717. school officers not liable for errors in judgment, 718. are liable only when actuated by malice, 719. question of reasonableness of regulations is for the court, 720. what rules and regulations are valid-instances, 721. what rules and regulations are not reasonable-instances, 722. regulations must be enforced in reasonable manner, 723. liability for not repairing, 724. liability for not performing ministerial duty-requiring bond from con- tractors, 725. b. Teachers. are to some extent public officers, 726. are subject to rules prescribed by board, 727. |