office

An office is a public station conferred by the appointment of government. The term embraces the idea of tenure, duration, emolument and duties fixed by law. Where an office is created, the law usually fixes its incidents, including its terms, its duties and its compensation.

+ 25 more definitions — see all 33 over time

A right to exercise a function or employment, and take the fees and emoluments belonging to it. 3 Serg. & R. (Pa.) 149; 23 Ind. 449; 36 Miss. 273. The term is ordinarily used with respect to the power conferred on individuals to exercise public functions, and in this connection "public oflfice" is a more discriminating term. An "office" in this sense implies a delegation of a part of the sovereign power to an individual. See 3 Me. 481. The office exists and survives as an entity apart from the incumbent (28 Cal. 382; 29 Ohio St. 347), but it has been said that the essence of the office is the power and jurisdiction of the officer (62 Pa. St. 343). Offices are either civil or military. Civil offices are either executive, judicial, or legislative.

A right to exercise a public function or employment, and to take the fees and emoluments belonging to it. Shelf. Mortm. 797; Cruise, Dig. Index; Com. v. Sutherland, 3 S. & R. (Pa.) 149. An office is a public charge or employment; TJ. S. v. Maurice, 2 Brock. 102, Fed. Cas. No. 15,747, per Marshall, C. J. An office may exist without an Incumbent; Feople v. Stratton, 28 Cal. 382. An office is a legal entity and may exist in fact although it be without an incumbent; Childs v. State, 4 Okl. Cr. 474, 113 Pae. 545, 33 L. R. A. (N. S.) 563. Compensation is no part of an office; it is merely incident thereto; id. Judicial offices are those which relate to the administration of justice, and which should be exercised by persons of sufficient skill and experience in the duties which appertain to them. Military offices are such as are held by soldiers and sailors for military purposes. Ministerial offices are those which give the officer no discretion as to the matter to be done, and require him to obey the mandates of a superior. Vose v. Deane, 7 Mass. 280. See Savacool v. Boughton, 5 Wend. (N. Y.) 170, 21 An*. Dec. 181; Waldo v. Wallace, 12 Ind. 569. It is a general rule that a judicial office cannot be exercised by deputy, while a Political offices are such as are not connected immediately with the administration of justice or the execution of the mandates of a superior officer: the offices of the president of the United States, of the heads of departments, of the members of the legislature, are of this number. In the United States, all offices, according to the above definition, are public; but in another sense employments of a private nature are also called offices: for example, the office of president of a bank, the office of director of a corporation. Subject to constitutional provisions or prohibitions the authority of the legislature over public offices is complete and absolute; Lee v. Board of Com’rs, 3 Wyo. 52, 31 Pac. 1045. Where the appointment or election is made for a definite term or during good behavior and the removal is to be for cause, it is said that the power of removal cannot, except by clear statutory authority, be exercised without notice and hearing; but that the existence of the cause for which the power is to be exercised must first be determined after notice has been given to the officer of the charges made against him, and he has been given an opportunity to be heard; Mechem, Pub. Officers, § 454; Coleman v. Glenn, 103 Ga. 458, 30 S. E. 297, 68 Am. St. Rep. 108; Dul lam v. Willson, 53 Mich. 392, 19 N. W. 112, 51 Am. Rep. 128. But, where the statute gives such authority, officers may be removed without notice; Trainor v. Board of Auditors, 89 Mich. 162, 50 N. W. 809, 15 L. R. A. 95; Trimble v. People, 19 Colo. 187, 34 Pac. 981, 41 Am. St. Rep. 230; People v. Whitlock, 92 N. Y. 191; State v. Mc Garry, 21 Wis. 496; State v. Cheetliam, 19 Wash. 330, 53 Pac. 349. The prevailing rule is that title to a public office will not be tried by mandamus; State v. Callahan, 4 N. D. 481, 61 N. W. 1025; People v. Infant Asylum, 122 N. Y. 190, 25 N. E. 241, 10 L. R. A. 381; State v. John, 81 Mo. 13; Hartwig v. Manistee, 134 Mich. 615, 96 N. W. 1067; Gorley v. Louisville, 104 Ky. 372, 47 S. W. 203; Hagan v. Brooklyn, 126 N. Y. 643, 27 N. E. 265; but contra, Keough v. Board of Aldermen, 156 Mass. 403, 31 N. E. 387; Eastman v. Householder, 54 Kan. 63, 37 Pac. 9S9; Harwood v. Marshall, 9 Md. 83. Where the writ is invoked to enforce a specific duty and remedies at law are not adequate, aid will not be refused merely because occupancy or incumbency or title is incidently involved. The court will act under such circumstances as does equity and inquire into and determine rights so far as, but no further than, may be necessary to the relief sought; Morton v. Broderick, 118 Cal. 474, 50 Pac. 644. For the incompatibility of office, see Incompatibility; Officer. See 3 Kent 362; Mandamus; Quo Wab- For word “office” as used of a place for transacting public business, see Com. v. White, 0 Cusli. (Mass.) 181. See Rank.

Office is defined to be a right to exercise a publlc or private employment, and to take the fees and emoluments thereunto belonging, whether public, as those of maglstrates or private, as of bailiffs, receivers or the like. 2 Bl. Comm. 36. Rowland v. New York, 83 N. Y. 372; Dailey v. State, 8 Blackf. (Ind.) 330; Blair v. Marye, 80 Va. 495; Worthy v. Barrett, 63 N. C. 202; People v. Duane, 121 N. Y. 367, 24 N. E. 845; In S. v. Hartwell, 6 Wall. 393, 18 L. Ed. 830. That function by virtue whercof a person has some employment in the affairs of another, whether judicial, ministerial, legislative, municipal, ecclesiastical, etc. Cowell. An employment on behalf of the government in any station or public trust, not merely transient, occasional, or incidental. In re Attorneys' Oatbs, 20 Johns. (N. Y.) 493. 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 government, and may be properly calied 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 their consent, but devolved on him by an authority which quoad hoc is superior. Abbott. 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 Ind. 569. "Office" ls frequently used in the old books as an abbreviation for "inquest of office," (Qv.)

— Lnerative office. See Lucrative.

— Office-book. Any book for the record of official or other transactions, kept under authority of the state, in public offices not connected with the courts.

— Office-copy. A copy or transcript of a deed or record or any filed document made by the officer having it in custody or under his sanction, and by him sealed or certified.

— Office found. In English law. Inquest of office found ; the finding of certain facts by a jury on an inquest or inquisition of office. 3 Bl. Comm. 258, 259. This phrase has been adopted in American law. 2 Kent, Comm. 61. See Phillips v. Moore, 100 U. S. 212, 25 Ll Ed. 603; Baker v. Shy, 9 Heisk. (Tenn.) 89.--Office grant. A designation of a conveyance made by some officer of the law to effect certain purposes, where the owner is either unwilling or unable to execute the requisite deeds to pass the title; such, fop example, as a tax-deed. 3 Washb. Real Prop. 537.

— Office honrs. That portion of the day during which public offices are usually open for the transaction of business.

— Office of honor. See Honor.

— Office of jndge. A criminal suit in an ecclesiastical court, not being directed to the reparation of a private injury, is regained as a proceeding emanating from the office of the judge, and may be instituted by the mere motion of the judge. But, in practice, these suits are instituted by private individuals, with the permission of the judge or his surrogate ; and the private prosecutor in any such case is, accordingly, said to "promote the office of the judge." Mozley & Whitley.

— Political office. Civil offices are usually divided into three classes,
—political, judicial, and ministerial. Political offices are such as are not immediately connected with the administration of justice, or with the execution of the mandates of a superior, such as the president or the head of a department. Waldo v. Wallace, l2 Ind. 569; Fitzpatrick v. U. S., 7 Ct. Cl. 293.

— Principal office. The principal office of a corporation is its headquarters, or the place where the chief or principal affairs and business of the corporation are transacted. Usually it is the office where the company's books are kept, where its meetings of stockholders are held, and where the directors, trustees, or managers assemble to discuss and transact the important general business of the company ; but no one of these circumstances is a controlling test. See Jossey v. Georgia & A. Ry., 102 Ga 706, 28 S. E. 273; Milwaukee Steamship Co v. Milwaukee, 83 Wis. 590, 53 N. W. 839, 18 L. R. A. 353; Standard Oil Co. v. Com., 110 Ky. 821, 62 S. W. 897 ; Middletown Ferry Co. v. Middletown, 40 Conn. 69. As to various particular offices, see Land Office, Petty Bag Office, Post Office, etc.

“Office” is defined to bea right to exercise a public or private employment, and to take the fees and emoluments thereunlo belonging, Whether public, as those of mnagistrates, or private, as of bailiffs, receivers, or the like. 2 BI. Comm. 36. That function by virtue whereof a person has some employment in the affairs of another, whether judicial, ministerial, legislative, municipal, ecclesiastical, etc, Cowell. An employment on behalf of the government in any station or public trust, not merely trausient, occasional, or incidental. 20 Jolns. 493. The most frequent occasions to use the word arise with reference to a dutyand power conferred on an individual by the government; and, when this is the connection, “public office” is a usual and more discriminating expression, Buta power and duty may exist without immediate grant from government, and may be properly called an “office;” as the oflice of exccutor, the office of staward, Here the individual acts towards legatees or towards tenants in psrformance of a duty, and in exercise of a power not derived from their consent, but devolved on him by an authority which quoad hoc is superior. Abbott. Offices may be classed asciviland military; and civil offices may be vlassed as political, judicial, aud 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. 12 Ind. 569. “Office” is trequently used in the old books as an abbreviation for “inquest of office,” (g. &.)

Office foand. v. Inquest of Office. copy of a record or filed document made by in charge, or by him sealed or certified. pleasure; v. Close copy.

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

INQUEST OF. Vide Inquisition.