removal from office

Divesting an incumbent of the powers and emoluments of office. An incident of the sovereign power which creates an office, the title to office being held subject to the conditions imposed by the sovereign power in constitution or statute. 43 Am J1st Pub Of §§ 181, 182. The divesting of the power, authority, and position of a person as an executor or administrator of a decedent's estate. 31 Am J Ex & Ad § 109. As used in a constitutional provision providing that an officer unless "removed" holds office until his successor qualifies, the word refers to ouster from office under the statute authorizing removals for misconduct, and does not refer to ouster by quo warranto proceedings, which are invoked only where a person is usurping an office to which he has no legal title. See Haymaker v State ex rel. McCain, 22 NM 400, 163 P 248. Removal from office also applies to corporate officers, removal being accomplished as provided for and regulated by statute or provision of the charter of the corporation. 19 Am J2d Corp § 1105. See removal for cause.