OFFICER

The incumbent of an office; one who ls lawfully Invested with an office. One who ls charged by a superior power (and particularly 1:Jy government) with the power and duty of exercising certain functions. -Civil officer. Any officer of the United States who holds his appointment under the national government, whether his duties are executive or judicial, in the highest or the lowest departments of the government, with the.exception of officers of the army and navy. 1 Story, Const. § 792; State v. Clarke, 21 Nev. 333, 31 Pac. 545, 18 L. R. A. 313. 37 A.m. St. R<'n. 517; State v. O'Driscoll, 3 Brev, (S. C.) 527; Com'rs v. Golds borough, 90 Md. 193,' 44 Atl. 1055.-Oflicer de facto. As distinguish• ed from an officer de j-ure, this is the designation of one who is in the actual po e ion and administration of the office. under some colorable or apparent authority, although his title to the same, whether by election or appointment, is in reality invalid or at least formally ques• tioned. See Norton v. Shelby County,,_ 118 U. S. 425, 6 Sup. Ct. 1121, 30 L. Ed. 71:j; State v. Carroll, 38 Conn. 449, 9 Am. Rep. 409; Trenton v. McDaniel, 52 N. C. 107; Barlow v. Stan• ford, 82 Ill. 298; Brown v. Lunt. 37 Me. 423;- Gregg Tp. v, Jamison, 55 Pa. 468; Pierce v. F..dington, 38 Ark. 150; Plymouth v. Painter, 17 Conn. 585, 44 Am. Dec. 574; Pre scott v. Hayes, 42 N. H. 56; Jewell v. Gilbert, 64 N•. H. 12, 5 Atl.' 80, 10 Am..St. Rep. 357; Griffin v. Cunning ham, 20 Grat. (Va.) 31; Ex: parte Strang, 21 Ohio St. 610.-Oflicers of justice. A general name applicable to all persons connected with the administration of the judicial department of government, but commonly used only of the cla of officers whose duty is to serve the proce of the courts, such as sheriffs, constables, bailiffs, marshals, sequestrators, etc. -Public officer. An officer of a public corporation; that is, one holding office under the government of a municipality, state, or nation. In English law, an officer appointed by a joint• stock banking company, under the statutes regulating such companies, to prosecute and defend suits in its behalf. BLLAW DlcT.(2D Eo.)-54 [s. 855]