People ex rel. Jones v. Beach

Citations

• 77 Ill. 52

Syllabus

<p>1. Master in chancery—tenure and term of office. Under the act March 3, 1845, which remained in force until the first day of July, 1874, the term of office of masters in chancery expired on the first day of April, 1847, and every two years thereafter. A person appointed to that office Oct. 8,1873, could only be appointed until the first day of April, 1873, and after the latter date the circuit judge had the right and the power to appoint his successor.</p> <p>3. Same—holding over, is a defacto officer. Where a master in chancery holds over after the expiration of the term for which he was appointed, he will be an officer de facto until his successor is-appointed, and as such his acts will be binding as to all persons, including his sureties on his bond, as his right to the office can only be questioned by- an information in the nature of a quo warranto.</p>