PART III. OF THE GOVERNMENT OF THE STATE. TITLE I. PUBLIC OFFICERS. II. ELECTIONS. III. EDUCATION. IV. MILITIA. V. PUBLIC INSTITUTIONS. VI. PUBLIC WAYS. VII. GENERAL POLICE OF THE STATE. VIII. PROPERTY OF THE STATE. TITLE I. PUBLIC OFFICERS. CHAPTER I. Classification of Public Officers. II. Legislative Officers. III. Executive Officers. IV. Judicial Officers. V. Salaries of Judicial Officers. VI. Ministerial and other Officers connected with the Courts. VII. General Provisions relative to different classes of Officers. Classification of public officers. CHAPTER I. CLASSIFICATION OF PUBLIC OFFICERS. SECTION 220. Classification of public officers. 220. The public officers of this State are classified as follows: 1. Legislative; 2. Executive; 3. Judicial; 4. Ministerial officers and officers of the Courts; -But this classification is not to be construed as defining the legal powers of either class. 66 NOTE.-Bouv. Law Dict., Vol. 2, p. 255, defines an office to be "a right to exercise a public function or employment, and to take the fees and emoluments belonging to it," and refers to Shelford Morton, p. 797, Cruise Dig., Index; 3 Serg. & R. Penn., p. 149, and defines an officer to be one who is lawfully invested with an office."-Id. Officers are also public and those not public. This Title treats of public officers only; but there is a class which partakes of both the character of public and not public. A clergyman is not a public officer in the performance of his duties in teaching his congregation.-4 Conn., p. 134; 18 Maine, p. 155. But in the performance of a marriage ceremony he is a public officer.-4 Conn., p. 209. Though not in a constitutional sense.-See Ex Parte Yale, 24 Cal., p. 241, and Cohen vs. Wright, 22 Cal., p. 293, an attorney at law, when representing a person by his employment to conduct his cause in Court, is an officer of the Court. See, also, Bouv. L. Dict., Vol. 1, p. 167. OFFICIAL ACTS VALID.-Ordinarily the acts of public officers cannot be attacked collaterally, hence it is usually held not absolutely necessary to prove the appointment or election of a public officer, but sufficient if he acts in an official character and his acts as such are recognized by the proper department.-Vaccari vs. Maxwell, 3 Bl. C. C., p. 369; Rinkendorff vs. Taylor, 4 Pet., p. 349; Lawrence vs. Sherman, 2 McL., p. 488; Den vs. Hill, 1 McA., p. 480; Gibb vs. Washington, id., p. 430; Jacob vs. U. States, 1 Brock, p. 521. ACTS OF "DE FACTO" OFFICERS.-It is held to be |