vacancy in office

vacancy in office
A matter of a public office being without an incumbent who has a right to exercise its functions and take its fees or emoluments. 42 Am J1st Pub Of § 131. The condition of a public office which is unoccupied and without an incumbent who has a lawful right to continue therein until the happening of some future event. 42 Am J1st Pub Of § 131. A matter of a corporate office or directorship being without an incumbent. 19 Am J2d Corp § 1086. The word "vacant" involves no technical or peculiar meanings; as applied to a public office it means empty, unoccupied, without an incumbent. State ex rel. McKittrick v Wilson, 350 Mo 486, 166 SW2d 499, 143 ALR 1465. A vacancy in public office results from the death of the incumbent, or from his resignation or removal from office. It may exist where there is a newly created office, where the person elected or appointed to the office fails to qualify or dies before qualifying or before the commencement of his term. 42 Am J1st Pub Of § 135. A provision authorizing corporate directors to fill vacancies is ordinarily held not applicable to newly created directorships. Automatic Steel Products Co. v Johnston (Sup) 31 Del Ch 469, 64 A2d 416, 6 ALR2d 170.

Ballentine's law dictionary. . 1998.

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