A Treatise On The De Facto Doctrine

Author : Albert Constantineau
Publisher : Forgotten Books
ISBN 13 : 9780266267591
Total Pages : 880 pages
Book Rating : 4.2/5 (675 download)

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Download or read book A Treatise on the de Facto Doctrine written by Albert Constantineau and published by Forgotten Books. This book was released on 2017-11-07 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise on the De Facto Doctrine: In Its Relation to Public Officers and Public Corporations Based Upon the English, American, and Canadian Cases Including Comments Upon Extraordinary Legal Remedies in Reference to the Trial of Title to Office and Corporate Existence In fact, it is just these experiences that led to the preparation of this work. But to refer again to the present status of the English law in relation to de facto doctrine, it would be a mistake to infer from what has been said, that because the text-writers do not mention it, there is any deliberate intention to ignore it. On the contrary, the legislatures occasionally enact laws com polling its recognition, under certain conditions. But such enactments, however, impart no knowledge of the principles which regulate its application. What is a de facto ofileer under what circumstances is one to be regarded as such what is the distinction between a usurper and a de facto oili eer - what are the rights, duties, and liabilities of a de facto oficer - what are the liabilities of his official sureties-what are his rights and liabilities in respect to the salary of the ofliee - when, where, and under what circumstances, his acts are valid, and when not - when his title may be collaterally assailed and when not - what are the proper proceedings to determine his title - all these and many other subjects are left undetermined, and to be surmised by the practitioner, whose only means of knowledge, so far as the English law is concerned, is a reference to decided cases, many of which, as already explained, are not found in the digests, while others, though digested, are inserted without any systematic arrangement. Similar remarks might be made with refer ence to de facto corporations. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.