A Treatise on the Law of Public Offices and Officers

Callaghan, 1890 - 751 páginas

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Página 122
... the persons for whom the elector intends to vote , and shall designate the office to which each person so named is intended to be chosen ; but no ballot shall contain a greater number of names of persons , as designated to any office ...

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References are to Sections	7

914	12

BOOK I	1

WHO ARE PUBLIC OFFICERS	12

WHO MAY BE PUBLIC OFFICERS	21

Power of legislature to affect constitutional qualifications	22

Lack of Citizenship	27

OF APPOINTMENT TO OFFICE	41

Officer usually required to reside in district for which he was elected	437

Are liable only when actuated by malice 719	438

Same subjectDetermination of occasion or conditions not excluded 658	443

Only proximate damages can be recovered 675	449

Are liable for ministerial defaults 686	455

Highway Officers	461

Same subject3 For defective certificate 709	467

What rules and regulations are validInstances 721	473

76	46

Necessity of written appointment	48

Commission is evidence merely	54

APPOINTMENTS TO FILL VACANCIES	61

OF ELECTION TO OFFICE	73

In the territories congress prescribes qualifications 147	79

Same subjectRegulations must be reasonable 151	87

Effect where no opportunity for registration is provided 155	93

Residence 159	99

This is not a cruel or unusual punishment 166	104

Time of Holding the Election	110

Voter must vote in person 187	116

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 285	182

Same subjectThe contrary view 292	188

Same subjectA fourth view 301	194

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 340	228

Contracts opposed to public policy are void 349	229

CONTRACTS FOR THE Sale of OFFICES	235

Same subjectIllustrations 363	242

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

CHAPTER IV 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 subjectEffect of increasing duties or changing character of office	306

Same subjectWhat are not offices 481	311

Interest of relator 490	317

Trial by jury 495	323

OF THE SOURCE OF THE AUTHORITY	329

What Acts may be Ratified	347

Written or unwrittenexpress or implied 545	355

How in case of a State 555	361

Contracts for procuring pardons	366

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

President of the United States 607	395

Same subjectOther reasons 620	402

Jurisdiction definedJurisdiction of the person of the subjectmatter	407

Same subjectLiability for acting under void statute 631	414

QUASIJUDICIAL OFFICERS	420

Same subjectOfficer must keep within his jurisdiction 641	427

Same subjectImmunity extends to all grades of legislative action 646	433

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

In general	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

When officer must sue in name of his office	597

OF THE LIABILITY OF THE PARTY WHO SETS	600

Not liable for judicial action of court of general jurisdiction	603

Same subjectEffect of ratification 907	606

DUTY TO ACCOUNT FOR PUBLIC PROPERTY	608

Extent of liability under statutes and bonds and excuses for defaults 912	609

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

To Legislative Officers	655

OF THE NATURE OF THE REMEDY	657

Nor against executive officers of government 987	659

Will not lie to restrain criminal proceedings or enforcement of ordi	661

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	682

Principal must have been in existence 539	686

Authority to appoint deputies 569	687

Officer making void contract for fees can not recover quantum meruit 883	691

Contracts imposing restraints upon performance of duty are void 369	693

By engaging in duel	695

To captain of ship of war 794	697

Not a natural right	701

Property Qualifications	702

This immunity extends to judicial officers of all grades 622	709

Officer can not deal with himself without principals knowledge and con	712

Same subjectEffect of termination of termAbatement of pending	719

Liable for neglect of prescribed duties 684	721

OF THE RIGHTS OF THE OFFICER AGAINST	730

State not liable for torts of its officers and agents 849	731

CHANGES IN QUALIFICATIONS	733

THE RIGHT TO COMPENSATION	740

Not released by extension of time for accounting 807

Office created for performance of a single act terminates upon its per

Usually civil officers only 471

Derechos de autor

Otras ediciones - Ver todas

A Treatise on the Law of Public Offices and Officers
Floyd Russell Mechem
Vista completa - 1890

A Treatise On the Law of Public Offices and Officers
Floyd Russell Mechem
Sin vista previa disponible - 2022

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Términos y frases comunes

action agent Allen apply appointment Attorney-General authority ballot Bank Barb Board bond Canvassers cited Clark Clay County Commissioners common law Commonwealth compel Conn constitution contract County county treasurer court Cush default Denio deputy duty election elector evidence executive exercise expressly fact governor Gratt Gray Mass Happersett held Hill N. Y. hold incumbent Iowa Johns Jones judge judgment judicial officer jurisdiction justice Kans legislature Lewis County liable mandamus Mayor ment Metc ministerial Minn Miss N. W. Rep oath officer de facto Ohio St party Penn performance person Pine County plaintiff prescribed principal public officer qualifications question quo warranto ratified reasonable registration remedy rule sheriff Smith statute Strob Supervisors sureties Tenn term tion Torts United vacancy valid void vote voter Wall Wend writ

Pasajes populares

Página 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.

Aparece en 236 libros desde 1819-2007

Página 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.

Aparece en 195 libros desde 1804-2007

Página 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.

Aparece en 129 libros desde 1870-2004

Página 8 - 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...

Aparece en 165 libros desde 1803-2003

Página 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...

Aparece en 453 libros desde 1819-2005

Página 2 - 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.

Aparece en 78 libros desde 1852-1980

Página 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.

Aparece en 324 libros desde 1804-2005

Página 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.

Aparece en 627 libros desde 1807-2007

Página 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.

Aparece en 52 libros desde 1838-2006

Página 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.

Aparece en 51 libros desde 1827-2001

Información bibliográfica

Título	A Treatise on the Law of Public Offices and Officers Legal classics library
Autor	Floyd Russell Mechem
Edición	2
Editor	Callaghan, 1890
Largo	751 páginas

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