Office

1.

The elementary idea of the word, when used in it's abstract sense, seems to be, a duty of transacting affairs of a certain class, imposed by appointment from a superior authority. The necessary power is implied; but the etymology presents duty as a prominent element. The most frequent occasions to use the word arise, with reference to a duty and power conferred on an individual by the government; and, when this is the connection, " public office " is a usual and more discriminating expression. But a power and duty may exist without immediate grant from govei-nment, and may be properly called an office; as the office of executor, the office of steward. Here the individual acts towards legatees or towards tenants in performance of a duty, and in exercise of a power not derived from theu- consent, but devolved on him by an authority which quoad hoc with reference to government appointments, the following are accepted definitions: Where one man hath to do with another's affairs against his will, and without his leave, this is an office, and he who is in it is an officer.

Carih. 478.

Office is defined to be, a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging whether public, as those of magistrates; or private, as of bailiffs, receivers, or the like.

2 Bl. Com. ch. 3, p. 36.

Any man is a public officer who hath any duty concerning the public. And he is not the less a public officer where his authority is confined to narrow Umits; for it is the duty of his office, and the nature of that duty, which make him an officer, and not the extent of his authority. Carth. 479; Jacob. Office is a position or station in which a person is employed to perform certain duties, or by virtue of which he becomes charged with the performance of certain duties, public or private. The idea of an office clearly embraces the ideas of tenure, duration, fees, or emoluments, rights and powers, as well as that of duty.

Bwrr Hl

An office is a public station or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolmneut, and duties. A government office is different from a government contract. The latter, from its nature, is necessarily limited in its duration and specific in its objects. The terms agreed upon define the rights and ob Ugations of both parties. A clerk appointed by a head of a department, under authority of law, holds an office.

United States v. Hartwell, 6 WaU. 385.

A statute authorizing compensation to all clerks and employes in any public office, includes persons lawfully engaged in the performance of the proper duties of any office, whether serving within the four walls of the building or apartment appropriated to the principal business «nd records of the office, or acting elsewhere. The word refers to the functions performed, not to the place where the service is rendered. A foreman of the laborers employed on public grounds, if appointed by the commissioner having charge of the grounds, and serving under his direction, is employed " in his office," within the meaning of such a statute, although his duties are performed in the open grounds and parks, and not in the rooms appropriated to the commissioner. Stone f.

United States, 3 Ct. of CI. 260.

In the abstract, the word office signifies a place of trust. In legal idea, an office is an entity, and may exist, though without an incumbent.

People v. Stratton, 28 Col. 382.

When an individual has been appointed and exercises functions affecting the public, assigned to him by law, he must be regarded as a public officer. Whether he has been commissioned in form can make no difference; the commission is but evidence of title to the office. A county treasurer is an officer of the county, though he holds no commission from the governor.

Bradford v. Justices, 33 Ga. 332.

An office is a right to exercise a public function or employment.

Leach v. Cassidy, 23 Ind. 449; Waldo v. Wallace, 12 Ind. 669.

Offices may be classed as civil and military; and civil offices may be classed as political, judicial, and ministerial. Political offices are such as are not connected immediately with the administration of justice, or the execution of the mandates of a superior officer. Judicial, are those which relate to the administration of justice. Ministerial, are those which give the officer no power to judge of the matter to be done, and require him to obey the mandates of a superior. It is a general rule that a judicial office cannot be exercised by deputy, while a ministerial one may.

Waldo v. Wallace, 12 Rd. 569.

The right to exercise the duties and take the compensation therefor, of county recorder, is an office; and so is the right to the employment and pay of a county commissioner.

Dailey v

State ex rd.

Huf Eer, 8 Blackf. 329.

An office such as legislators are forbidden to create and then enjoy, is any continuing charge or employment or duty, defined by rules prescribed by law and not by contract.

Shelby v. Alcorn, 36 Miss. 273.

The position of an attorney or counsellor is not an office or public trust, within constitutional provisions prescribing an oath of office for officers, generally. The legal meaning of office is an employment on \>ehalf of government, in any station or public trust not transient, occasional, or incidental. In common parlance, the term has a more general signification, as in saying the office of executor or guardian. But in the legal sense, an attorney or counsellor does not hold an office, but exercises a privilege or franchise; and so of physicians.

Matter of Oaths, &c., 20 Jo Jins. 492; Matter of Dorsey, 7 Fori. 293, 393; Leigh's Case, 1 Mmf. 483.

The station of a solicitor of the court of chancery is an office or public trust, within the meaning of the constitution of New York, and the solicitor is to take the oath prescribed by the constitution, and no other.

Matter of Wood, 1 Hopk. 6. And see Waters v. Whittemore, 22 Barb. 595.

An office is simply an appointment or authority on behalf of the government to perform certain duties, usually at and for a certain compensation, which may at any moment be abolished by government or given up by the incumbent. There can be tage of the government.

Smith v. Mayor, &c. of New York, 87 N. Y. 618.

A power to inspect and authorize the purchase of certain articles for public use, conferred upon individuals by name, by act of a legislature, is not an office or public trust.

People v. Nichols, 52 A^. Y. 478.

Attorneys are in a certain sense public officers; but they are not within the statute which provides that every office shall become vacant by the incumbent ceasing to be an inhabitant of the state. That statute is applicable to offices filled by election or by appointment by the governor, being intended to provide for filling vacancies, and is manifestly inapplicable to the case of attorneys.

Richardson v. Brooklyn City & Newtown R. R. Co., 22 How. Pr. 368.

The place of medical superintendent of a hospital for the insane, under the act of March 27, 1876 (Ohio L. 80), is an office, within Const, art.

15, § 4.

State «.

Wilson, 29 Ohio St. 347.

The office of director in the institution for the education of the deaf and dumb, is an office of honor, within the meaning of the constitution, and is vacated by the holder's accepting the office of marshal under the United States.

Dickson v. People, 17