Officer

The incumbent of an office; one who is lawfully invested with an office. One who is charged by a superior power (and particularly by 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 Am. St. Rep. 517; State v. O'Driscoll, 3 Brev. (S. C.) 527; Com'rs v. Goldsborough, 90 Md. 193, 44 Atl. 1055.

— Officer de facto. As distinguished from an officer de jure, this is the designation of one who is in the actual possession 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 questioned. See Norton v. Shelby County, 118 U. S. 425, 6 Sup. 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. Stanford, 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. Gilbert, 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. 610.

— Officers 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 class of officers whose duty is to serve the process of the courts, such as sheriffs, constables, bailiffs, marshals, sequestrators, etc.

— Publio 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. For definitions of the various classes and kinds of officers, see the titles "Commissioned Officers," "Executive," "Fiscal," "Judicial," "Legislative," "Ministerial," "Municipal," "Non-Commissioned," "Peace," and "State."