Page:Black's Law Dictionary (Second Edition).djvu/857

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


prirnre injury. is regarded as a proceeding ema- nating from the offire of the judge, and may be ii iituterl by the mere motion of the judge. izut, in practice, these suits are instituted by private individuals, with the permission of the mike or his surrogate: and the priuite prosecu- iur in any such case is, nccorilinglv. said to “ 'on\-its thc ofiire of the judge." Mozley ii: “hitli-.y.—Pnlitica.l office. Civil offitcs are usiilly divided into three classes,—poiitical, ju- diciiil, and ministerial. P0lit1C1i offices are such as are not immediately connected with the ad- ministrstion of justice, or with the execution of the mandates of a superior, such as the presi- ili-nt or the head of :1 (lopartment. W'aldo v. W:ili1icc, 1'2 lnd. ‘ Fitzpritrick v. U. ' ' The p ' ollite of a corporitiim is its headquarters. or the place where the chief or principal afisirs and liusiuess of the corporation are trunsactcd. Usually it is the office where the Company’: boiuf-i are kept, wiierc its meetings of stockholders are held, and where dircctors. trustees. or managers asseiniiie to discuss and transact the important general business of the coinpanv; t no one of these circumstances is a controll- ng tcst. See Jossoy v. Georgia 5: A. Ry.. 102 G1. 706. 28 S. E. 273: M'ilivaul:ee Steamship Co. v. liiilwaulcce 83 Wis. 590. 53 N. W 839. 1.9 L. R. A. 353: Standard Oil Co. v. Com.. 110 Ky 8'21. 62 S. W. 897: Middletown Ferry Co. v. Midiiletoivn. 40 Conn. 61).

.-\s to various partlcuiar offices. see LAND OFFICE, Psrrr Bao OFFICE. POST OFFICE, etc.


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 niitimiiil government, whether his duties are expcuiiio or judicial. in the highest or the lowest departments of the zovernniont, with the ex- r-I-plifln of officers of the army and navy. 1 Story. Coast § 792: State v. Clarke. 2] Nev. I33. 31 PM-. 545. 18 L. R. A. 313. 37 Am. St. lino. 517: State v. 0'Drisr-oll, 3 Brev. (S. C.) .i..7: f'oi.n‘rs v. Goldshoronizh. 90 Md. 193. 44 .-\tl. 'l055.—Ofiicel' do fncto. As distinguished from an nflicer (le iure. this is the designation of one who is in the actual possession and ndministration of the office. under some colora- hle or apparent niithority. although his title to the same, whether by election or appointment, is in reality invalid or at least forinnlly questioned. See Norton v. Shelby County. 118 U. S. 425. (3 Sup. Ct. 1121, 30 L. Ed. 78: State v. Carroll. 39 Conn. 449. 9 Am. Rep. 409: Trenton v. ]\I<-Danicl 52 N. C. 107: Barlow v. Stan- ford. 82 lil. 2 . Brown v. Lunt. 37 Me. 423; Gross Tp . amison. 55 Pa. 468: Pierce v. Fxlinzton. 38 Ark. ‘I50: Plymouth v. Painter. 17 Conn. 556.1. 44 .-‘km. Dec. 574: Prescott v. Iliiycs. 4'2 N. 11. S6: Jewell v. Gilbert. 64 N. H. 12, 5 .-\tl. 81), 10 Am. St Rep. 357: Grifiin v. Cunningham. 20 Grat. (V'i.) 31. Ex pwrte Straniz. 21 Ohio St. 0310 men of justice. A cenersl name nppli ie to all persons connected with the administration of the judicial dcpnrtmcnt of government, but cnminonlv used only of the class of offimis vihosc duty is to serve the process of the courts, siicii as sheriffs, constables. bailiffs. marshals. sequestrators. etc. —Puh].io oifiner. An officer of a pnhlic curporiitionz that is, one holding office under the l'.'(J\'EI"Eil1]?Dt of a municipality. state, or nation. ln English law, an officer appointed by a joint- stock banking company, under the statutes rez- nlnting siuh companies, to prosecute and defend suits in its behalf.

Bl.Law Dict.(2d Ed.)—54



For definitions of the various classes and kinds of officers, see the titles “Coiiimission-

ed Officers." “Executive," "Fiscal," “.lud' cial," “Legislntive," "Ministerial," "Munic- ipal." "1\'on-Con.imissioncd," “l‘eace," and “Sti1te."

Ofiicin. judioialia. ncn cnncedantur asiteqnnm vueent. 11 Coke, 4. Judicial offices should not be granted before they are vacant.

Ofiinin msgistratus non debent essa venslia. Co. Lltt. 234. The offic-es of mag- istrates ought not to be sold.

OFFICIAL. ri. An officer: a person in- vested with the authority of an office.

In the civil law. The minister or apparitor of a magistrate or judge.

In canon law. A person to whom a bishop coniniits the charge of his spiritual ju- risdiction.

In common and statute law. The person uhoni the archdcncon substitutes in the execution of his jurisdiction. Cowell.

OFFICIAL, iulj. Perteining to an office; invested with the character of an 01'- ficer; proceeding from, sanctioned by, or done by, an officer.

—Demi-official. Partly officisl or authorized. Having color of officlal right.—Ofiici:i.l act. One done by on officer in his official capacity under color and by virtue of his oilice. Turner v. Sissori. 137 Mass. 192; Lommon v. Feusirc, 111 U. S. 17. 4 Sup. Ct. 2356. 28 L. Ed 33'i'.i—- Oflicial assignee. in English practic . An assignce in bankruptcy appointed by the lord chanceilor to co-operate with the other assiwees in administering a bzinkrupfs est:itc.—0fiicia1 managers. Persons formerly appointed. under English statutrs now repealcd. to snpcrintend the windin,-.,' u of insolient companies under the r-ontroi of tlhe court of chzincery. Wharton.

fiinial misconflilct. Any unh:iWflil be- h'nior by a public officer in relation to the dil- tics of his oiiice, willful in its character. includ- in,-z any willful or corrupt failure. refusal. or neglect of an offircr to ])c1'form any duty enjoined on him by law. Watson v. State. 9 Tex. App. 212: Brut-kenridge v. State. 27 Tcx. ~\pp. 513. 11 S. W. G10. 4 L. R. A. 3(i0—Ofiil:ial principal. An ecclesiastical officer whose duty it is to hear causes between party and party as the delegate of the bishop or archhishop by whom he is appointed. He genemlly also holds the offioe of vicar general and (if appointed by a bishop) that of chancellor. The official pricnipal of the province of ClilJ['[l‘lIlll'_V is (-itllnd the "dean of nrclins " Piiillim. Dc. Law. 1203. et irrq.; Swret.—Dflicial solicitor to the court, of nlinncery. \n officer in En_cl-ind whose fiinrtinns are to protect the suitors’ fund. and to administer. under the direction of the court. so much of it as now comee under the spending: power of the court He acts for persons suing or defruding in formu nuizpcris, when so directed by the jud-:9, and for those who. through ignorance or forgettulness. have been guilty of contempt of cnuit by not obeying process. He also acts generally ns solicitor in all cases in which the chsncery dii . on requires such services. The office is transferred to the high court by the judicoture acts, but no altera-

tion in its name appears to have been made