Ward Hunt

“ Does a supervisor, town-clerk or justice of the peace of the State of Illinois cease to be an officer when his resignation is tendered to and accepted by a justice of the peace, or does he continue in office until his successor is chosen and qualified? ”

“ So, we think, where a person being in an office seeks to prevent the performance of its duties to a creditor of the town, by a hasty resignation, he must see that he resigns not only de facto, but de jure; that he resigns his office not only, but that a successor is appointed. An attempt to create a vacancy at a time when such action is fatal to the creditor will not be helped out by the aid of the courts. ”

“ Of justices of the peace, it is enacted that there shall be elected in each town not less than two nor more than five (depending upon the population of the town) , who shall hold their offices 'for four years, or until their successors are elected and qualified.' p. ”