OFFICER. He who is lawfully investeZ with an office.
Executive officers are those whose duties aro mainly to cause the laws to be executed.
For example, the preeident of the United State' of America, and the several govenaors of the differ ent gates, are executive officers. Their duties are pointed out in the national coustitution and in the constitutions of the several kites.
Legislative officers are those whose duties relate mainly to the enactment of laws, such as members of congress and of the several state legislatures.
These officers are confined in their duties by the constitution, generally to make laws; though' some times, in cases of impeachment, one of the houses of the legislature exercises judicial functions some what similar to those of a grand jury, by present ing to the other articles of itnpeachment, and the other house acts as a court in trying such impeach ments. The legislatures have, besides, the power to inquire into the conduot of their members, judge of their elections, and the like.
Judicial officers are those whose duties are to decide controversies between individuals, and accusations made in the name of the pub lic against persons charged with a violation of the law.
Ministerial officers are those whose duty it is to execute the mandates, lawfully issued, of their superiors.
_Military officers are those who have com mand in the army ; and Naval officers are those who are in com mand in the navy.
Officers are also divided into public officers and those who are not public. Some officers may hear both characters : for example, a clergyman is a pub lic officer when he sets in the performance of snch s public duty as the marriage of two individuals, 4 Conn. 209; and he is merely a private person when he acts in his more ordinary calling of teaching his congregation. See 4 Conn. 134; 18 Me. 155.
Officers are required to exercise the func tions which belong to their respective offices. The neglect to do so may, in some cases, sub ject the offender to an indictment, 1 Yeates, 1 Penn. 519 ; and in others he will be liable Ito the party injured. 1 Yeates, Penn. 506.