Officer De Facto

One whose acts, though not those of lawful officer, the law upon principles of policy and justice will hold valid so far as they -involve the interests of the public and third persons, where the duties of the office were exercised, (1) without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, vnthout inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be; (2) under color of a known and valid appointment or election, but where the officer had failed to conform to some precedent requirement or condition, as to take an oath, give a bond, or the like; (3) under color of a known election or appointment void because the officer was not eligible, or because there was a want of power in the electing or apbility, want of power or defect, being unknown to the public; (4) under color of an election or appointment by. or pursuant to a public unconstitutional law before the same is adjudged to be such. 38 Conn. 449. The most generally accepted of the short definitions of the term is that of Lord Ellenborough: "An officer de facto is one who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law." 6 East, 356.

One who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law; 6 East 368. See 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.

Defined under Officer in Black's Law Dictionary.

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 coloruble or apparent authority, although his title to the same, whether by election or appointment, is in reality invalid or at least formally questioned. Au ofiicer de factu is one who exercises the duties of an office under color of right, by virtue of un appointment or election to that oflice; being distinguished, on the one band, froma mere usurper of an office, and, on the other, from an officer de jure. 17 Conn. 585; 3 Bush, 14; 387 Me. 423; 43 Id. 79; 55 Pa. St. 468; 7 Jones, (N.C.) 107, The true doctrine seems to be that itis sufficient ifthe officer holds the ofiice under some power having color of authority to appoint; and thata statute, though itshould be found repugnant to the constitution, will give suchcolor. 21 Ohio St was not a lawful oficer, the law, upon principle of policy and justice, will hold valid so far as they involye the public and third persons. 38 Conn 449. A de facto officer is one who goes in under color of authority, or who exercises the duties of the office so long or under such circumstances as tc raise a presumption of hisright. 73 N. C. 546.