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Responsible

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Answerable, accountable, amenable; able to answer just expectations; of pecuniary ability. Opposed, irresponsible. Compare Liable.

See Circumstances, 2.

A promise to be "responsible " for the contract of another "is a contingent liability, and becomes absolute by showing due and unsuccessful diligence to obtdin satisfaction from the principal.* A statute requiring that a writ shall be indorsed by some " responsible person " intends that the person ' See generally Philadelphia, &c. E. Co. v. Derby, 14 How. 483-87(1853); Chicago City v. Robbins, 3 Black, 428 (1863); Hilliard v. Richardson, 3 Gray, 350-67 (185B), cases; 5 South. Law Rev. 288-85 (1879), cases; 3 Cent. Law J. 647 (1876) — Solicitors' Joum.; 83 Ky. ^681; 2 Mich. 629; 68 N. H. 63. ' The Brig Atlantic, 1 Newb, 516 (1855), Mc Caleb, J. » [3 Bl. Com. 468. * Marsh. Ins. 734. See generally 3 Kent, *353, et seq. * Maine, Ancient Law, 38-38; Hadley, Eom. Law, 65-^9. shall possess sufficient pecuniary ability to pay the costs that may be recovered against the plaintiff. Strictly speaking, "responsible" means liable, answerable, rather than able to discharge an obligation.' A testator devised property for founding a school upon condition that within six months after his decease '" responsible citizens " should pledge forty thousand dollars to the object. A large number of persons of limited means subscribed small amounts, some conditional. Held, that the subscription list •was not a pledge by such persons as the testator coutemplated.2 In deciding upon the responsibility of bidders for the erection of a public building, it is the duty of the proper officials to consider not only the pecuniary ability of the bidders to perform the contract, but also to ascertain which ones, in point of slcill, ability, and integrity, will be most likely to do faithful, conscientious work, and to fulfill the contract promptly, according to its letter and spu'it.3 The ''lowest responsible bidder" is one who complies with all the requirements of the law, not merely one whose bid is lowest.^ In the Pennsylvania act of May 23, 1874, which directs that contracts for municipal work shall be awarded to the " lowest responsible bidder," "responsible "has been held to refer to pecuniary ability, judgment, and skill. The statute calls for the exercise of duties and powers, in the city authorities, which are deliberative and discretionary; and if they act in good faith, although erroneously or indiscreetly, a mandamus will not lie to compel them to change their decision.'