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Definition of IS L. R

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 1-792; State v. Clarke. 21 Nev. 333, 31 Pac. 545, 18 L. R. A. 313. 37 Am. St Ren. 517; State v. o’Driscoll, 3 Brev. (R. C.) 527; Com’rs v. Goldsborough, 90 Md. 193. 44 Atl. 1055.—officer de facto. As distinguish* ed from an officer de jure, this is the designation of one who is in the actual possession and administration of the office, under some colora-ble or apparent authority, although hls title to the aame. whether by eiectton or appointment, is in reality invalid or at least formally questioned. See Norton v. Shelby County. 118 U. 8. 425, 6 Snp. Ct. 1121. 30 L. Ed. 78; State v. Carroll. 38 Conn. 449. 9 Am. Rep. 409; Trenton v. McDaniel. 52 N. C. 107; Barlow v. Stan-ford, 82 111. 298; Brown v. Lunt. 37 Me. 423; Gregg Tp. v. Jamison. 55 Pa. 468; Pierce v. Edington, 38 Ark. 150; Plymouth v. Painter, 17 Conn. 585, 44 Am. Dec. 574; Prescott v. Hayes, 42 N. H. 56; Jewell v. Gill>ert, 64 N. H. 12, 5 Atl. 80. 10 Am. St. Rep. 357; Griffin v. Cunningham. 20 Grat. (Va.) 31; Ex parte Strang. 21 ohio St. MO.—officers of justice. A general name applicable to all persons con-nected wlth the administration of the judicial department of government, but commonly used only of the class of officers whose duty ir to serve the process 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

 

Black's Law Dictionary 2nd edition

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