any legal writ, rule, order, or process, or who shall knowingly or willfully resist any such officer in the discharge of his duties without such writ or process, shall be punished, means only such officers as are authorized to execute legal processes. Therefore a road supervisor is not an "officer" within the meaning of the statute. State v. Putnam, 35 Iowa, 561, 562. Officer of political party. The fact that the Legislature has by statute regulated the election and conduct of political committees, the members of which are the officers of the party which selects them, and whose duties are confined to the party to which they belong, does not make the office of committeeman a public one. Attorney General v. Drohan, 48 N. E. 279, 281, 169 Mass. 534, 61 Am. St. Rep. 301. Pilot. See "Pilot." v. City of New York, 44 N. E. 1038, 1040, Code, art. 488, providing that an assault be- officer in the lawful discharge of the duties A village marshal is a public officer. State v. Schram, 85 N. W. 155, 82 Minn. 420. Persons appointed to the detective department of the district police force of the commonwealth under Pub. St. c. 103, and amendments thereof, are public officers. Brown v. Russell, 43 N. E. 1005, 1010, 166 Police officer, marshal, or other peace Mass. 14, 32 L. R. A. 253, 55 Am. St. Rep. officer. After quoting Henley v. Mayor, 5 Bing. 91, and Case of Wood (N. Y.) 2 Cow. 29, it was said that a railroad policeman employed by a corporation is a "public officer" within Const. art. 13, § 5, providing that no public officer shall receive a pass over any railroad. Dempsey v. New York Cent. & H. R. R. Co., 40 N. E. 867, 868, 146 N. Y. 290. A policeman of an incorporated town or city is an officer. Proctor v. Blackburn, 67 S. W. 548, 549, 28 Tex. Civ. App. 351. A policeman appointed by the board of trustees of Brooklyn Bridge, in pursuance to Laws 1875, c. 300, § 8, authorizing the board to appoint an adequate police force, and to regulate and direct the same for the protection of the bridge and persons, etc., passing over the same, and conferring on the policemen so appointed all the powers of the policemen of the cities of New York and Brooklyn, is a public officer, for whose torts the cities are not responsible. Woodhull v. City of New York, 44 N. E. 1038, 1039, 150 N. Y. 450. The position of assistant superintendent of police in the city of Chicago is an office, and title thereto may accordingly be tested by quo warranto. Ptacek v. People, 62 N. E. 530, 194 Ill. 125. A policeman appointed by the board of trustees of the Brooklyn Bridge, in pursuance of Laws 1885, c. 300, § 8, authorizing the board to appoint an adequate police force, and to regulate and direct the same for the protection of the bridge and persons passing over the same, and conferring on the policemen so appointed all the powers of policemen for the cities of New York and Brooklyn, is not a public officer. Woodhull 357. By "officer," as used in the chapter on offenses relating to the arrest and custody of prisoners, is meant any peace officer, as sheriff, deputy sheriff, constable of a beat, marshal, constable, or policeman of a city or town, any jailer or guard, or any person specially authorized by warrant to arrest. Pen. Code Tex. 1895, art. 243. Road commissioner. A "public office" is a trust or charge, created and defined by the public authority. A road commissioner elected under the provisions of Pub. St. c. 27, §§ 74-77, is not an officer of the town from which he is elected, but is a "public officer," for whose acts the town is not responsible. Clark v. Easton, 146 Mass. 43, 45, 14 N. E. 795. School district officer. A trustee of a school district is intrusted with a part of the sovereign function of the state, hence his must be a public office, and he would be subject to removal under Rev. St. 1895, art. 3531, providing for removal for etc., and, "all other county officers." incompetency, etc., of all district attorneys, Hendricks v. State, 49 S. W. 705, 20 Tex. Civ. App. 178 (quoting Mechem, Pub. Off.). School trustees are officers, recognized are embraced by Const. art. 3, § 6, which as such by the law of the land, and as such charge of any functions as officers of the requires all persons entering upon the dis state to take and subscribe an oath or affir mation before entering upon their duties. Childrey v. Rady, 77 Va. 518, 530. The term "officer," as used in Crim. Act, 198, making it criminal to bribe any officer or any other person, is not limited to officers | pointed, factory inspectors provided for in of a state or county, but is broad enough to Act June 7, 1893, must be regarded as state include the officers of a school district, or officers or officers of the government. Their any other officer referred to in the preceding duties are continuing, and prescribed by statsections of the crimes act. In re Bozeman, ute and not by contract, and some portious 22 Pac. 628, 630, 42 Kan. 451. of the functions of government are com mitted to their charge. They seem to come within the definition of "officers" as given in the Constitution and as laid down in the decisions of court. Ritchie v. People, 40 N. E. 454, 461, 155 Ill. 98, 29 L. R. A. 79, 46 Am. St. Rep. 315. Sheriff or constable. The word "office," as used in Virginia statutes prohibiting the sale of any office or deputation of office touching the administration or execution of justice or the receipt of payment of the public revenues, or any clerkship in a court of record, includes the office of sheriff, and therefore prohibits the sale by the sheriff of his office. Salling v. McKinney (Va.) 1 Leigh, 42, 44, 19 Am. Dec. 722. The term "public officers," in Rev. Code, p. 138, art. 194, providing that the official acts of any person in possession of any public office and exercising the functions thereof are valid and binding as lawful official acts in regard to all persons intrusted therewith or affected thereby, whether such person be lawfully entitled to hold such office or not, etc., was construed to include members of the Legislature during the War of Secession. Hill v. Boyland, 40 Miss. 618, 625. Article 14 of the amendments to the federal Constitution, disqualifying certain persons from holding offices, includes a sheriff and other officers required by Rev. Code, c. 77, to take and subscribe the oath to support the federal and state Constitutions. Worthy v. Barrett, 63 N. C. 199, 202. Persons appointed by an act of the LegThe word "officer," as used in the chap-islature as managers to conduct and execute ter relating to attachments, is meant to ap- a lottery grant for the benefit of a college, ply to constables when the proceedings are although required to enter into bonds and in a justice's court, or the like officer of any render important services from which the other court. Code Iowa 1897, § 3934. state derives a benefit, are not public officers, but trustees. State v. Platt (Del.) 4 Har. 154. The word "officer," as used in the act in relation to attachments issued out of justices' courts, shall be construed to mean the sheriff, constable, or other officer executing the process of the court of justice. Mills' Ann. St. Colo. 1891, § 2745. State officer or employé. The office of governor, created by Const. art. 5, providing that the executive power shall be vested in a governor, who shall hold his office for two years, declaring that no person except a citizen of the United States and a qualified elector of the state shall be qualified to the office of governor, is an "office," within the meaning of the term as used in Rev. St. c. 126, providing for the filing of an information in the nature of quo warranto against any person usurping and intruding into or unlawfully holding or exercising any public office; the word "office," as used in the Constitution and in the statute, not being used in its restricted sense, but in its most popular and general acceptance, and applying to any place which imposes upon him who occupies it the performance of duties of a public nature. Attorney General v. Barstow, 4 Wis. 567, 661, 745. Under Const. art. 5, § 24, declaring that an office is a public position, created by the Constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or ap "Officer," as used in the Revision of 1838, providing for the punishment of any officer, clerk, or other person employed in the treasury of any county, or in any other public office within the state, who commits any fraud or embezzlement therein, should be construed to include the state treasurer. People v. McKinney, 10 Mich. 54, 85. The clerks of the different departments of the state are "officers," within Act April, 1856, providing that the act shall not apply to reduce the salary of incumbents in office, but only to every such officer thereafter elected. Vaughn v. English, 8 Cal. 39, 41. A stenographer employed temporarily, and not in pursuance of any law providing for his employment in permanent or continuous discharge of his duties, is not an "officer" within Rev. St. U. S. § 1855, providing that no law of any territorial legislature shall be made or enforced by which the governor or secretary of a territory, or the members or officers of any territorial legislature, are paid any compensation other than that provided by the laws of the United States. Braithwaite v. Cameron, 38 Pac. 1084, 1087, 3 Okl. 630. The term "officer," as used in the act to restrain officers in the charge of the fiscal affairs of state institutions from contracting indebtedness beyond certain limits, shall be taken to include members of the various | his negligence to a workman repairing such boards created by law to govern or supervise the respective state institutions. Mills' Ann. St. Colo. 1891, § 4116. vessel, especially where there is nothing to show that the commander is incompetent. Riggin v. Brown (U. S.) 59 Fed, 1005, 1006. Tax collector. The term "officer," as used in the act relating to the accounting for money received and expended by certain officers, shall A person who collects taxes is a "pubbe construed to include all commissioners, lic officer," within the constitutional proviboards of commissioners, trustees, boards of trustees, inspectors, boards of inspectors, regents, boards of regents, agents, or other person or board, of whatever denomination or character, receiving or disbursing money for the state for or on account of any building or work for the state, or for the mainte nance or for the use or benefit of any state, educational, charitable, reformatory or penal, or other institution or organization, or for or on account of any purpose whatsoever, under any act of appropriation or other law of the state. Comp. Laws Mich. 1897, 1210. Act March 10, 1892, § 5, appropriated $65,000 for colleges, which sum should be expended under the direction of the board of construction, which board was to be appointed, giving bonds, etc. Const. § 7, declares that the Governor shall nominate, and, by and with the advice and consent of the Leg islative Assembly, appoint all officers not otherwise provided for. Held, that the members of the board were officers. McCornick V. Thatcher, 8 Utah, 294, 301, 30 Pac. 1091, 17 L. R. A. 243 (citing 4 Jac. Dict. 433). sion that no law shall diminish the salary of a public officer after his election or appointment. Donohough v. Roberts (Pa.) 15 Phila. 144, 148. Superintendent or employé of state institution. definite term, and required to take an oath It is held that a person appointed for a prescribed by the Constitution of the state, and to reside in the institution that he superintends, performing the duties prescribed by law, and clothed with the right and correspondent duty to execute a public trust and receive a salary attached to the office, is an officer. State v. Wilson, 29 Ohio St. 347, 348. The word "officer," within the meaning of Act 1882, c. 410, § 59, prohibiting any member of the common council, head of deof the city of New York from becoming directly or indirectly interested in the performance of any work or business, the expense or price or consideration of which is payable from the city treasury, does not include the medical superintendent of the asylum for the insane at Ward's Island, who receives, as such superintendent, his salary payable out of the appropriations for the salaries of the officers and employés of the department of charities and corrections, and therefore such superintendent may properly be employed for a consideration by the district attorney of New York to examine the sanity of one on trial for crime. Macdonald v. City of New York (N. Y.) 32 Hun, 89. partment, chief of bureau, or other officer Pharmacy commissioners appointed under Laws 18th Gen. Assem. c. 75, which authorized them "to make by-laws necessary for the proper fulfillment of their duties without expense to the state," elected a treasurer as provided by by-laws they had adopted, and fixed the tenure of his office, and his compensation. Held, that he was a mere employé of the commission, and not a "public officer" within Code 1873, § 3908, providing that a public officer converting A fireman at the State Soldiers' and Sailmoney given to him by virtue of his office is guilty of embezzlement, since the Constitu- ors' Home is not employed by the state or tion and statutes neither created nor author- any "officer" thereof, within the meaning of ized the creation of his office, nor prescribed Laws 1889, c. 380, § 1, providing that a lanor authorized any one to prescribe his du- borer so employed shall receive not less ties, nor delegated to him sovereign func- than $2 per day. Drake v. State, 39 N. E. tions of government to be exercised by him 342, 144 N. Y. 414. for the benefit of the public. State v. Spaulding, 72 N. W. 288, 289, 102 Iowa, 639. Code Md. art. 72, regulating the oyster fishery in the waters of the state, charges the board of public works with the duty of keeping in repair the vessels of the state fishery force; and Act Md. 1886, c. 296, provides for the appointment of commanders for such vessels by the board. These commanders are required by law to take an oath and give bond to the state. Held, that such a commander is himself a public officer, and hence the members of the board are not personally liable for injuries resulting from United States officer or employé. "Public officers," as used in Rev. St. § 3639 [U. S. Comp. St. 1901, p. 2422], requiring the Treasurer of the United States, assistant treasurer, and those performing the duties of assistant treasurer, collector of customs, surveyor of customs, acting also as collectors, receivers of public moneys at the several land offices, postmasters, and all "public officers" of whatsoever character, to keep safely all public money collected by them, or otherwise at any time placed in their possession and custody, until the same is ordered by the proper department to be transferred or paid out, means officers of the United States, and does not include a clerk of a collector of customs, for he is not an officer of the United States. An officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law or the head of a department. A person in the service of the government who does not derive his position from one of these sources is not an "officer" of the United States in the sense of the Constitution. United States v. Smith, 8 Sup. Ct. 595, 597, 124 U. S. 525, 31 L. Ed. 534. A representative in Congress holds a "public office" within the meaning of the charter of the city of Brooklyn, which prohibits an alderman from holding any other public office save as excepted, etc. People v. Common Council of City of Brooklyn, 77 N. Y. 503, 33 Am. Rep. 659. An examining surgeon appointed by the Commissioner of Pensions is not an "officer" of the United States. United States v. Van Leuven (U. S.) 62 Fed. 62, 65; United States v. Germaine, 99 U. S. 508, 510, 25 L. Ed. 482. Act Cong. May 15, 1820 (3 Stat. 592), § 2, providing for the issuance of a distress warrant from the treasury department against any collector of the revenue, receiver of the public money, or any other "officer who shall have received the public money before it is paid into the treasury of the United States," describes a person who holds an office under government, to whose hands the public money comes before it reaches the treasury, and includes no other person than one who was properly designated by the term "officer," and hence does not include a purser in the navy. Ex parte Randolph (U. S.) 20 Fed. Cas. 242, 254. Letter carriers in the postal service, being appointed by the Postmaster General under authority of the acts of Congress, practically during good behavior, sworn and giving bond for the fulfillment and performance of their duties, paid their moneys appropriated by the Congress, their salaries fixed by law, having regulated and prescribed services to perform, and their duties being continuing and permanent, not occasional or temporary, are "officers" of the United States within the meaning of the amendment to section 2 of the judiciary act of March 3, 1887 [U. S. Comp. St. 1901, p. 753], taking away from the Circuit Courts and District Courts jurisdiction of suits against the United States by such officers to recover fees or compensation. United States v. McCrory (U. S.) 91 Fed. 295, 296, 33 C. C. A. 515. A clerk in the United States pension agency, serving by appointment for a period not exceeding three months, and compensat ed with money of the United States appropriated for that purpose by Congress, having no duties defined by law, nor discretion to act independently of the direction of the pension agent, is not "holding an office under the authority of the United States," within the meaning of article 2, § 4, of the Constitution of the state, which renders persons so holding office ineligible to membership in the General Assembly, his position not being an office, but merely an employment. State v. Mason, 55 N. E. 167, 61 Ohio St. 62. The situation of paymaster of the United States army is an office, and hence it follows that where a clerk of a county court, which is likewise an office, accepts the position of paymaster, he thereby vacates his clerkship. Taylor v. Commonwealth, 26 Ky. (3 J. J. Marsh.) 401, 407. An internal revenue supervisor's clerk, appointed pursuant to the authority of the internal revenue commissioner, under Rev. St. § 3160, giving such commissioner power to allow supervisors their necessary expenses, was held not a "government officer" within Rev. St. § 1756, requiring all such officers to take the oath prescribed thereby. Hedrick v. United States (U. S.) 16 Ct. Cl. 88, 100. A post office is an office of profit or trust under the authority of Congress, so as to prevent a postmaster from holding an executive or judicial office while continuing to exercise the office of postmaster. McGregor v. Balch, 14 Vt. 428, 39 Am. Dec. 231. OFFICER (Of Corporations). The term "officers," applied to a corporation, refers to those in regular and contion of the term, one who is engaged to rentinual service. Within the ordinary acceptader service in a particular transaction is not an "officer." It implies continuity of service, and excludes those employed for a special and single transaction. Lewis v. Fisher, 30 Atl. 608, 610, 80 Md. 139, 26 L. R. A. 278, 45 Am. St. Rep. 327; Louisville, E. & St. L. R. Co. v. Wilson, 11 Sup. Ct. 405, 407, 138 U. S. 501, 34 L. Ed. 1023. The officers of a corporation not shown to be stockholders, prima facie, are mere agents or servants, having no direct interest in a suit by or against the corporation which prevents them being witnesses at common law. Gantt v. Cox, 48 Atl. 992, 199 Pa. 208. In a case involving a statute requiring certain returns to be made by the officers of banks, it was said: "When the law requires an act to be done, it includes the power of performance and makes it a duty; and where such duty is imposed on the officer of the corporation as an official act, and for a public purpose, they are thereby constituted officers for that purpose, and willful disobedience on their part will be a misdemeanor." Commonwealth v. Dunham (Mass.) 1 Thacher's Cr. Cas. 519, 578. Rev. St. c. 126, § 29, providing that any "officer, agent, clerk or servant of any incorporated company" embezzling any money or property of another coming into his possession by virtue of his employment shall be deemed to have committed simple larceny, should be construed to include a treasurer in a railroad corporation, for he is an officer distinctly recognized by law, chosen by the directors, and required to give a bond for the faithful discharge of his trust. Commonwealth v. Tuckerman, 76 Mass. (10 Gray) 173, 187. The term "officers," as used in Act 1885, p. 127, providing that the officers of any fair or agricultural joint-stock company or association shall not rent or devote any portion of their grounds for gambling purposes, and imposing a fine on officers who violate any of its provisions, should be construed to designate and include any person or persons duly invested with authority to grant privileges on the society's grounds. State v. Johnson, 17 N. E. 910, 912, 115 Ind. 467. The "officers," agents, or clerks mentioned in article 3, § 42, of the act concerning crimes and punishments, which provides a punishment for any officer, agent, clerk, or servant of any incorporated company for embezzlement, etc., means officers, agents, or clerks of corporations, and the statute only authorizes a conviction in cases where the embezzlement is committed by such officers, agents, or clerks while exercising their corporate employment. Hamuel v. State, 5 Mo. 260, 264. shall be jointly and severally liable for all the debts of the corporation contracted while they are officers thereof, "officers" should be construed to include the directors of the corporation, for, in a strict sense, the directors of a corporation are its officers. Torbett v. Eaton, 1 N. Y. Supp. 614, 616, 49 Hun, 209. See, also, Brand v. Godwin, 15 Daly, 456, 460, 8 N. Y. Supp. 339. A director of a corporation is an "officer," within the meaning of Laws 1875, c. 611, § 21, requiring that the annual report shall be signed by the president and a majority of the directors. Brand v. Godwin, 15 Daly, 456, 458, 460, 8 N. Y. Supp. 339. By the words "officers of a corporation" is meant the president, vice president, secretary, and others who are invested with a part of the executive authority. The trustees of a corporation are no doubt in one sense "officers," and, when that term is used in some connections, it would embrace all who participate in the exercise of the corporate functions. The word "officers," as used in Laws 1881, c. 122, relating to the incorporation of building, mutual loan, and equitable associations, is used in the former sense only, for the act itself points out the distinction between officers and trustees, and therefore the trustees of such corporations are not "officers" within the intent of the act. Second Manhattan Bldg. Ass'n v. Hayes, *41 N. Y. 192, 193. The offices pertaining to a private corporation are, as a general rule, defined in its charter and by-laws. Trustees of an insurance company, one of whom was its solicitor and the other its traveling agent, and not designated in the charter or by-laws as officers, are not "officers" within Act March 3, 1860, relating to officers of private corpoCommonwealth v. Christian (Pa.) In an action on an insurance policy aft-rations. er the death of the assured, the testimony of 9 Phila. 556, 558. a clerk in the office of the agent of the comThe word "officer," as used in Rev. St. pany was admissible as to the terms of an agreement between insured and the agent of embezzlement committed by any cashier c. 126, § 27, providing for the punishment for a change in the policy, as she was not an "officer" of the company within the meaning of the statute excluding testimony by interested parties in actions by or against a corporation, and declaring that officers of the corporation should be considered interested parties. Krause v. Equitable Life Assur. Soc., 105 Mich. 329, 334, 63 N. W. 440. As agent, employé, etc. See "Agent"; "Employé"; "Laborer"; "Servant." Director or trustee. or other officer of the bank, includes emdirectors of the bank. Commonwealth v. bezzlement committed by the president and Wyman, 49 Mass. (8 Metc.) 247, 253. A director is an "officer," within Code Civ. Proc. § 525, allowing verification of the pleading of a domestic corporation by one of its officers. Eastham v. York State Telephone Co., 83 N. Y. Supp. 1019, 86 App. Div. 562. The term "officer," as used in Rev. St. § 5209 [U. S. Comp. St. 1901, p. 3497], inIcludes directors of a national bank. United In Laws 1875, c. 611, § 21, providing that, States v. Means (U. S.) 42 Fed. 599. if any certificate or report made or public notice given by an officer of a corporation shall be false in any material representation, Family of officer. The terms "officers" or "employés," in ali the "officers" who have signed the same the exception to the provision of the inter |