[DOWNLOAD] "Jacox v. Circus Circus of Mississippi" by In the Court of Appeals of the State of Mississippi " Book PDF Kindle ePub Free
eBook details
- Title: Jacox v. Circus Circus of Mississippi
- Author : In the Court of Appeals of the State of Mississippi
- Release Date : January 26, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Quo Warrantor — Appointive State Officer — Re-appointment — Failure to File New Bond — Duly Confirmed Successor Entitled to Office. Office and Officers — When Office Becomes Vacant. 1. Any office becomes vacant under section 511, Revised Codes 1921, when the person elected or appointed to it neglects, inter alia, to file his official bond within the time prescribed, and the vacancy may be filled at once; but where the officer at fault occupies a state office requiring confirmation by the Senate, the appointment of a successor is not effective to oust the incumbent until the new appointee is confirmed. Same — When Vacancy Occurs — Officer Re-appointed must Qualify Anew. 2. All officers, whether elected or appointed, or re-elected or re-appointed, must qualify as prescribed in the statutes, else a vacancy occurs in the office, i.e., one re-elected or re-appointed must qualify anew. Same — Bond of Appointive State Officer — Bond Furnished on Original Appointment not Basis of Liability on Re-appointment. 3. While a bond furnished by an appointive state officer protects the state for the time he holds over under the original appointment, it may not be made the basis of liability for his acts done as his own successor. (See sec. 480, Rev. Codes 1921.) Quo Warrantor — Failure of State Officer Claiming Under Re-appointment to File New Bond — Successor Appointed and Confirmed Entitled to Office. 4. A state officer (Commissioner of Agriculture, Labor and Industry) holding over for failure of the Senate to confirm his successor, but claiming to hold by virtue of a re-appointment, qualified anew to the extent of filing his official oath and procuring an extension certificate of his original bond for the new term, but failed to file it with the Secretary of State as required by section 469, Revised Codes 1921. Held, in a proceeding in quo warrantor and under the above rules, that having failed to qualify for his alleged second term as required by law, and his successor having been duly appointed, confirmed and qualified, the latter was entitled to the office.