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OATH-Omission on Petition for Removal of OFFICER — continued.

Cause may be waived.

See REMOVAL OF CAUSES, 118.

OBLIGATION — Contracts - Impairment, etc.
See CONTRACT-IMPAIRMENT OF OBLIGA-

OBLIGEE;

TION.

OBLIGOR — In general.

See BOND; SURETYSHIP.

OCCUPATION — Action for Use and.

See LANDLORD AND TENANT, 37, 38.
Adverse Possession Occupation under.
See LIMITATION - ADVERSE POSSESSION.

OFFENCES - In general.
See CRIMES.

OFFER

- Element of Contract.

2. A nomination, confirmed by the senate, is a complete appointment to office, when the commission has been sealed and signed by the president. United States v. Le Baron, 19 How. 73.

3. The death of the president while the commission is in course of transmission to the appointee will not affect the appointment. 16.

4. In computing the term of office of an officer commissioned to hold it " during the term of four years from" a certain date, the day of the date is excluded. Best v. Polk, 18 Wal. 112.

5. Where one in office as mayor, with a right to hold over until due election of his successor, was, by the judges of election, returned as reelected, and, on counting the votes the city councils declared the election of another candidate, who was thereupon installed, it was held that upon judgment of ouster on a quo warranto the original incumbent was entitled to the office either as having been duly elected or as hold

See CONTRACT-WHAT CONSTITUTES, 2 ing over. United States v. Addison, 6 Wal.

et seq.

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Liability To arrest on Criminal Process
For soliciting, etc., for Political Purposes
For Neglect to perform Ministerial Duty
When not liable for Error of Judgment
or for Acts done officially — Presumptions
in Favor of Regularity of Official Acts.
See pl. 12-25.
Compensation For making Expenditures
required by Law - For Services rendered
before taking Oath When extra Compen-
sation may be claimed — Effect of Act ap-
propriating less than the Compensation first
attached to Office Construction of Acts
relating to Certain Government Employees.
See pl. 26-36.

1.

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291.

6. Where there were two marshals in a territory, one appointed by the national government, the other under a territorial law, and under the decisions of the supreme court of the territory the right to serve certain processes belonged exclusively to the United States marshal, it was held that the fact that he served the process in a foreclosure suit did not render the proceedings invalid, although the supreme court of the United States had since decided that such processes should not be served by him, his act being that of an officer de facto. Hussey v. Smith, 99 U. S. 20; Hussey v. Merritt, Id. 25.

7. In Michigan, as at common law, the resig nation of a public officer is not complete until the proper authority accepts it, or does something tantamount thereto; for instance, appoints a successor. Edwards v. United States, 103 U. S. 471; Thompson v. United States, Id. 480.

8. An appointment to a state office which, under the existing law, is to be held for a year at a fixed per diem compensation is not a contract protected by the constitution from a subsequent statute repealing that law, removing the officer and changing the rate of compensation. Butler What is an Office When Appoint-v. Pennsylvania, 10 How. 402. ment is complete When Term begins — Right 9. One who is appointed professor and librato hold over ---- Officer de Facto Resignation, rian in a university belonging to the state, the when complete-Removal ] A public station or resolution of the board of curators appointing employment having tenure, duration, emolument, him declaring that he shall hold office for six and duties, and conferred by appointment of gov-years "subject to law," is subject to removal ernment, is an office. United States v. Hart- within the term under a statute vacating the well, 6 Wal. 385. office and appointing a new board of curators

OFFICER continued.

with power to fill it. [BRADLEY, J., dissenting.] Head v. Missouri University, 19 Wal. 526.

10. A state statute regulating proceedings for removal from office is not repugnant to the constitution if it provides for bringing the party into court, giving him notice and an opportunity to be heard. Foster v. Kansas, 112 U. S. 201.

11. The Louisiana statute of January 15, 1873, "to regulate proceedings in contestations between persons claiming a judicial office," makes ample provision for notice and hearing before a court of competent jurisdiction and for an appeal, and is not unconstitutional as permitting one to be deprived of an office without due process of law, although the original proceedings are by rule returnable in twenty-four hours, and without a jury, and the appeal must be applied for within one day, made returnable within two days, and, like the original proceedings, take precedence of all other business. Kennard v. Louisiana, 92 U. S. 480.

12.

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Liability To arrest on Criminal

-

OFFICER · continued.

at suit of a private person for a mere mistake in a matter as to which he is obliged to exercise his judgment, though that person have suffered therefrom. [MCLEAN, J., dissenting.] Kendall v. Stokes, 3 How. 87.

20. A contract by a public officer connected with a subject fairly within the scope of his authority is deemed to have been made in his official capacity, and not to bind him personally. Parks v. Ross, 11 How. 362.

21. The chief of the special agents appointed by the Cherokees to superintend the removal of that nation beyond the Mississippi was a public officer within the meaning of this rule. 16.

22. An order or process regular on its face, and issued by an officer or a tribunal having jurisdiction and power to issue an order or process to enforce its judgment, is a protection to a ministerial officer for acts done in its regular enforcement. Erskine v. Hohnbach, 14 Wal. 613; Haffin v. Mason, 15 Wal. 671.

23. Where a public officer is to do any act on Process For soliciting, etc., for Political Pur-proof of certain facts, of the competency and poses For Neglect to perform Ministerial Duty sufficiency of which he is to judge, it is to be -When not liable for Error of Judgment or for presumed from the doing of the act that the Acts done officially-Presumptions in Favor of proof was regularly and satisfactorily made, and Regularity of Official Acts.] Although persons its sufficiency is not subject to re-examination. in the public service may be exempt, on the Philadelphia & Trenton Railroad Co. v. Stimpground of public policy, from arrest on civil pro- son, 14 Pet. 448. cess, while so engaged, it is otherwise where the process is duly issued on a charge of felony, in which case every such person is liable to the ordinary process for his arrest and detention. United States v. Kirby, 7 Wal. 482.

13. Section 6, act of August 15, 1876 (19 Sts. 169), prohibiting, under penalties, certain federal officers "from requesting, giving to, or receiving from" any other officer " any money or property or other thing of value for political purposes," is not unconstitutional. [BRADLEY, J., dissenting.] Ex parte Curtis, 106 U. S. 371.

14. Where the law absolutely requires a public officer to perform a ministerial act, and he neglects or refuses to perform it, he is liable in damages to the extent of the injury arising from such neglect or refusal; and a mistake as to his duty and honesty of intention is no defence. Amy v. Desmoines County Supervisors, 11 Wal. 136.

15. Where the law requires a public officer to furnish copies of the records in his office, an action will lie for his refusal to comply therewith on a legal demand. Boyden v. Burke, 14 How. 575.

16. A demand on such an officer, accompanied with insulting language, is not a legal demand. Ib. 17. But such misconduct on the part of the demandant will not justify a refusal of a subsequent legal demand. Ib.

24. The presumption that a public officer has done his duty was invoked in support of a title to land under a conveyance from such officer, to show notice the giving of which was required by the statute which gave him authority to convey. Cofield v. McClelland, 16 Wal. 331.

25. It is a question of law for the court whether an act is a part of the official duty of a public officer. United States v. Buchanan, S How. 83.

26. Compensation - For making Expenditures required by Law For Services rendered before taking Oath-When Extra Compensation may be claimed. Effect of Act appropriating less than the Compensation first attached to Office - Construction of Acts relating to Certain Government Employees.] Where the law requires a government official to do that which requires an expenditure of money, as, for instance, an internal revenue collector to give notices by advertisement, no provision being made for payment, the official, having made payment, is entitled to have the amount allowed him; and this, without regard to whether the accounting officers at the treasury reject or allow it. United States v. Flanders, 112 U. S. 88.

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27. Although the law requires that a government official - an internal revenue collector, for instance shall take an oath and give a bond before entering on the duties of his office, he may, nevertheless, claim compensation for a period during which he was permitted to discharge, and did discharge, the duties of the office before tak19. A public officer is not liable to an actioning the oath and giving the bond. lb.

18. A ministerial officer, acting in good faith, is liable for compensatory damages only. Tracy v. Swartwout, 10 Pet. 80.

OFFICER

continued.

OFFICER continued.

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28. An officer is not entitled to extra compen-charge of the chief engineer of the army, at $720 sation for the performance of regular duties. per annum. United States v. Ashfield, 91 U. S. Thus, the chief clerk of the finance division of the 317. post-office department is not entitled to commissions for the negotiation of loans and for disUnited bursements from the contingent fund. States v. Brown, 9 How. 487.

29. Under the act of May 7, 1822 (3 Sts. 696), and acts subsequent, no compensation can be allowed to an officer whose compensation is fixed by law, except for duties unconnected with the duties of his office, which the law requires to be performed, and for which the law has fixed a certain compensation. Converse v. United States,

21 How. 463.

30. But for such extra duties an officer may receive extra compensation. Thus, a collector employed by the secretary of the treasury to purchase supplies to be used in the light-house service in general is entitled to the regular commission on disbursements for supplies for the light-houses not within his district. [CATRON, GRIER, and CAMPBELL, JJ., dissenting.] 1b.

31. So where a receiver of public money for a land district is employed in connection with the sale of Indian trust lands, he may claim compensation for such service, independently of his salary as receiver. United States v. Brindle, 110 U. S. 688.

32. Where the by-laws of a home for disabled soldiers prohibit its officers from contracting for, or receiving, compensation for services beyond their stated salaries, the deputy-governor cannot recover for services rendered at the request of the building committee, and under a contract with them in connection with the erection of new buildings for the home. Yates v. National Home, 103 U. S. 674.

33. Although an act of congress fixes the compensation of a public officer at a certain sum, a subsequent enactment appropriating a less sum "in full compensation" suspends the operation of the earlier act, and gives the right to the lesser sum only for the period covered by the appropriation. United States v. Fisher, 109 Ü. S. 143.

34. And especially is this the case where it is otherwise apparent that congress intended to make the reduction. United States v. Mitchell,

109 U. S. 146.

35. An act like the act of July 28, 1866, § 18 (14 Sts. 323), giving additional pay to the employees of congress, to the capitol police, "the three superintendents of the public gardens," their clerks and assistants, and the employees of the congressional library, does not include the superintendent of the public gardens of the department of agriculture, but the superintendents of the botanical garden near the capitol. United States v. Saunders, 22 Wal. 492.

36. The act of March 3, 1869 (15 Sts. 283), fixed the salary of watchmen on the public grounds in Washington, which are under the.

Act done under Process or Authority Plead-
ing.

See PLEADING - GENERAL RULES, 27.
Army Officers-In general.
See ARMY.

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See RAILROAD - PARTICULAR ROADS.

Land Grants in Aid thereof.

See LANDS OF UNITED STATES - LEGIS-
LATIVE GRANTS, 28 et seq.

PAINS AND PENALTIES, BILL OF

stitutes.

See ATTAINDER, 1.

P.

PARDON-continued. other persons. U. S. 474.

Osborn v. United States, 91

6. And a condition of a pardon, that by virtue thereof the recipient shall not claim property, or the proceeds of property, sold on a judgment What con- under the confiscation laws, does not preclude him from applying to the court for the proceeds of a confiscated money-bond secured by mortgage, which were collected by the officers of the court

PARCELS, BILL OF - Not the Contract of Sale in part by voluntary payment and in part by sale

- Open to Explanation.

See SALE-WHAT CONSTITUTES, 2.

-

PARDON Nature and Effect Conditional Pardon Acceptance President's Power to pardon.] A pardon is the private though official act of the executive, must be delivered to and accepted by the criminal, and cannot be noticed by the court unless brought before it judicially by plea, motion, or otherwise. United States v. Wilson, 7 Pet. 150.

2. If a convict under sentence of death accept a pardon on condition of life imprisonment, he is thereby bound as to the substituted punishment, there being no duress in such case. Ex parte Wells, 18 How. 307.

3. A conditional pardon, e. g., a pardon of a convict under sentence of death on condition of life imprisonment, is a pardon within the meaning of that provision of the constitution which confers upon the president power to grant pardons for certain offences. [MCLEAN, J., dissenting.] Ib.

4. A pardon reaches both the guilt of the offender and the prescribed punishment, and is limited in its operation only in not restoring offices forfeited or property or interests vested in others as a consequence of conviction and judgment. Ex parte Garland, 4 Wal. 333.

5. Subject to exceptions therein prescribed, a pardon by the president restores all property rights lost by the offence, unless by judicial process the property has become vested in

of the mortgaged lands, such condition being intended only to protect purchasers at judicial sale, under such laws, from any claim by the original owner for the property or the purchasemoney. Ib.

7. The president's power to pardon extends to all cases except cases of impeachment, may be exercised before as well as after conviction, and is independent of legislative control. Ex parte Garland, 4 Wal. 333.

8. Thus, the pardon of an attorney of the federal courts for participation in the rebellion relieves him of all penalties and disabilities, so that he cannot be further punished, by being prevented from appearing in those courts, by an act requiring attorneys to subscribe an oath denying such participation. [CHASE, C. J., and SWAYNE, MILLER, and DAVIS, JJ., dissenting.] lb. Amnesty-In general.

See AMNESTY.

Effect on Rights of Owner of Abandoned and
Captured Property.

See ABANDONED AND CAPTURED PROP-
ERTY, 3, 4, 6, 7.

Evidence in Support of Claim to Abandoned and Captured Property.

See ABANDONED AND CAPTURED PROPERTY, 5. President's Power to pardon-Not interfered with by Remission of Penalties, etc., by Secretary of Treasury.

See SHIPPING - REGULATION, 29.

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