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not accepted, cannot be treated as an admission of the cause of action or the amount to which plaintiff is entitled. Kelley v. Combs, 57 S. W. 476, 22 Ky. Law Rep. 365.

An offer to confess judgment, which is

offered for sale without a special or personal | OFFER TO CONFESS JUDGMENT.
solicitation of any particular person to be-
come a purchaser. It may be done by gen-
eral advertisements in the press, or by ex-
hibition of signs or symbols in the vicinity of
the place of the alleged business, or by hav-
ing the article unsealed with intent to dis-
pose of it to any offering to purchase. Hence
under Laws 1885, p. 128, making it criminal
to offer for sale an oleaginous substance ex-
cept under certain conditions, it includes the
act of a merchant in keeping such articles in
his storeroom, though he makes no offer to
any individual to sell the same. State v.
Dunbar, 11 Pac. 298, 299, 13 Or. 591, 57 Am.
Rep. 33.

"Offered for sale," in Laws 1876, c. 90, § 2, as amended in 1877, providing for the inspection of illuminating oils offered for sale, means held for sale, though they had not been put on the market for sale. It does not require an actual proffer for sale to some particular person. Willis v. Standard Oil Co., 52 N. W. 652, 653, 50 Minn. 290.

To constitute such an offering for sale of the seminary lands under Act Dec., 1840, by the Governor, as to subject the land, if not sold, to be entered at the graduation price, there must have been not only a proclamation published at the time and in the manner provided by law, but the land must have been regularly proposed for sale to the highest bidder by the crier of the sale on the day designated by the proclamation of the Governor. The proclamation of the Governor does not constitute an offering for sale, but is only a notice to all persons desirous of purchasing any of the seminary lands that an opportunity for the purpose will be afforded them. Hardwick v. Reardon, 6 Ark. 77.

OFFER OF PILOT SERVICE.

An offer of pilot service may be made by some arbitrary or established sign or demonstration, made from beyond earshot and addressed exclusively to the eye. There is a distinction between speaking or hailing a vessel and a mere offer of pilot service. The speaking or hailing a vessel implies that the parties are within speaking distance, and can only be done by word of mouth, supplemented, it may be, by some such device for projecting the sound of the voice as a speaking trumpet, or even personal gesticulation. The Ullock (U. S.) 19 Fed. 207, 208 (citing Commissioners v. Ricketson, 46 Mass. [5 Metc.] 412; 2 Pars. Shipp. & Adm. 109).

OFFER OF REWARD.

See "Reward."

OFFER TO BUY PEACE.

Admissions distinguished, see "Admission."

OFFER TO VOTE.

To offer to vote by ballot is to present one's self with proper qualifications at the time and place appointed, and to make manual delivery of the ballot to the officers appointed by law to receive it. Chase v. Miller, 41 Pa. (5 Wright) 403, 419; Morrison v. Springer, 15 Iowa, 304, 346.

OFFERED LANDS.

Act Cong. June 3, 1878, c. 151, § 1, 20 Stat. 89 [U. S. Comp. St. 1901, p. 1545], providing that surveyed public lands of the United States within certain states, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States in quantities not exceeding 160 acres to any one person, should be construed as applying to lands which, at the date of the act, belonged to the class of unoffered lands, as contradistinguished from what, in the practice of the land department, are known as "offered lands"-that is, lands which are subject to private cash entry at the minimum price. United States v. Budd (U. S.) 43 Fed. 630, 631.

OFFERING PRIZE.

"Offering prizes," as used in Rev. St. § 3894 [U. S. Comp. St. 1901, p. 2659], which provides that no letter or circular concerning lotteries, so-called gift concerts, or other similar enterprises offering prizes, or concerning schemes devised and intended to deceive and defraud the public for the purpose of obtaining money under false pretenses, etc., "qualify and limit the words 'similar enterprises.' They indicate the nature of the similarity to lotteries and socalled gift concerts which must characterize other enterprises than lotteries and gift concerts to bring them also within the embrace of the statutes." United States v. Noelke (U. S.) 1 Fed. 426, 430.

OFFICE.

See "General Offices"; "Home Office"; "House"; "In His Office"; "Public House"; "Public Place."

Of corporation, see "Chief Office."

Webster defines an office to be "the place where a particular kind of business or serv

ice for others is transacted; a house or apartment in which public officers and others transact business; as a register's office, a lawyer's office." Anderson v. State, 17 Tex. App. 305, 310; Bigham v. State, 20 S. W. 577, 31 Tex. Cr. R. 244.

The word "office," in 2 Hill's Ann. Code, p. 662, 46, which defines burglary as an unlawful entry, with intent to commit a felony, of an office, shop, store, warehouse, malthouse, stillhouse, mill, factory, bank, church, schoolhouse, railroad car, barn, stable, ship, steamboat and water craft, or any building in which goods, merchandise, or valuable things are kept for use, sale, or deposit, means any office, without regard to whether any valuable things are kept therein or not, as the latter clause of the statute only refers to buildings not specifically designated. State v. Sufferin, 32 Pac. 1021, 6 Wash. 107.

"Office" is the proper designation for an apartment or room in the corner of a hardware room, made of pickets four feet high, one inch square, and three inches apart, on top of which there was a plank, the door or gate of such place being made of the same material, in which the account books, money, etc., of a lumber company were kept, and where the business of such company was transacted by its agent or clerk; the place being partitioned off and used separately from any portion of the hardware house for a particular business. Anderson v. State, 17 Tex. App. 305, 310.

The inclosure where the books of a railroad corporation are kept, and where tickets are kept and sold, and where the business of the corporation is transacted, may with propriety be called an "office," but not the waiting room for passengers. Commonwealth v. White, 60 Mass. (6 Cush.) 181–183.

OFFICE.

ster defines it to be a duty, charge, or trust. United States v. Fisher (U. S.) 8 Fed. 414, 415; Bradford v. Justices of Inferior Court, 33 Ga. 332, 336.

Whether we look into the dictionaries of our language, the terms of politics, or the dictum of common life, we find that whoever has a public charge or employment, or even a particular employment affecting the public, is said to hold or be "in office." Rowland v. City of New York, 83 N. Y. 372, 375, 376.

An office is defined by the Century Dictionary as a post, the possession of which imposes certain duties on the possessor, and confers authority for their performance; and by Cochran as a position or appointment entailing certain rights and duties. State v. Brennan, 49 Ohio St. 33, 37, 29 N. E. 593.

An office has been defined to be a right to exercise a public function or employment and to take the fee belonging to it. Olmstead v. City of New York, 42 N. Y. Super. Ct. (10 Jones & S.) 481, 487 (quoting 7 Bac. Abr. [Ed. 1879] p. 279, tit. "Office and Officer"; Bouv. Law Dict.); People v. Ridgley, 21 Ill. 65, 68; Miller v. Sacramento County Sup'rs, 25 Cal. 93, 98; People v. Stratton, 28 Cal. 382, 388; Quigg v. Evans, 53 Pac. 1093, 1094, 121 Cal. 546 (quoting 3 Kent, Comm. 454); People v. Harrington, 63 Cal. 257, 260; Hamlin v. Kassafer, 15 Pac. 778, 779, 15 Or. 456, 3 Am. St. Rep. 176; State v. Wilson, 29 Ohio St. 347, 348; State v. Brennan, 49 Ohio St. 33, 37, 29 N. E. 593; Territory v. Hopt, 4 Pac. 250, 254, 3 Utah, 396; Mitchell v. Nelson, 49 Ala. 88, 89; Leach v. Cassidy, 23 Ind. 449; Gosman v. State, 106 Ind. 203, 204, 6 N. E. 349; Commonwealth v. Christian (Pa.) 9 Phila. 556, 558; State v. Sellers (S. C.) 7 Rich. Law, 368, 370.

An office is "the right to exercise a public or private employment, and take the fees See "Annual Office"; "Army Officer"; "By and emoluments thereunto belonging, whether Virtue of His Office"; "Civil Office"; public, as those of magistrates, or private, as "Color of Office"; "Constitutional Or- of bailiffs, receivers," etc. Dailey v. State, fice or Officer"; "Corporate Office"; (Ind.) 8 Blackf. 329, 330 (quoting 2 Bl. Comm. "De Facto Office"; "Disabled from p. 36); People v. Wells, 2 Cal. 198, 203; City of Holding Office"; "District Officer"; New York v. Flagg (N. Y.) 6 Abb. Prac. 296, "Elective Office"; "Fiducial Office"; 302 (citing 2 Bl. Comm. 36); People v. Nos"Government Office"; "Hanaper Of- trand, 46 N. Y. 375, 381; Conner v. City of fice"; "Highest Office"; "Incompati- New York, 4 N. Y. Super. Ct. (2 Sandf.) 355, ble Office"; "Judicial Office"; "Land 367; Kendall v. Raybould, 44 Pac. 1034, 1036, Office"; "Legislative Office"; "Local 13 Utah, 226; Commonwealth v. Binns (Pa.) Office or Officer"; "Lucrative Office"; 17 Serg. & R. 219, 232; Pierson v. McCor"Ministerial Office Officer"; "Petty-mick, 2 Pa. Law J. 201, 202; Faulkner v. Bag Office"; "Political Office"; "Post Boddington, 3 C. B. 412, 416 (citing 3 Cruise, Office"; "Principal Office"; "Probate Dig. p. 92); State v. Ware, 10 Pac. 885, 888, Office." 13 Or. 380; State v. Wilson, 29 Ohio St. 347, Particular positions held to be offices, 348; Id., 62 N. E. 530, 532, 194 Ill. 125; Ptasee "Officer." cek v. People, 94 Ill. App. 571, 577, 578; Flemming v. Hudson County, 30 N. J. Law (1 Vroom) 280, 281; McCornick v. Thatcher, 8 Utah, 294, 301, 30 Pac. 1091, 17 L. R. A. 243 (citing 4 Jac. Law Dict. 433).

An "office," as defined by Cowell, is a function by virtue whereof a man has some employment in the affairs of another. Web

An office consists in a right, and cor-, next place the charge of such duty, and that respondent duty, to exercise a public trust it is a rule that, where a man bath to do with and to take the emolument belonging to it. another's affairs against his will and without (Kent.) Blair v. Marye, 80 Va. 485, 495; Peo- his leave, this is an office, and he who is in it ple v. Duane, 55 Hun, 315, 318, 8 N. Y. Supp. an officer. United States v. Trice (U. S.) 439, 440; People v. Howland, 17 App. Div. 30 Fed. 490, 494. 165, 171, 45 N. Y. Supp. 347; Wardlaw v. City The terms "office or public trust" as emof New York, 19 N. Y. Supp. 6, 7, 61 N. Y.ployed in the Constitution, requiring an oath Super. Ct. (29 Jones & S.) 174; Common- to be taken by persons occupying an office or wealth v. Gamble, 62 Pa. (12 P. F. Smith) 343, public trust, "have no legal or technical 349, 1 Am. Rep. 422; McCornick v. Thatcher, meaning distinct from their ordinary signifi8 Utah, 294, 301, 30 Pac. 1091, 17 L. R. A. cation. An 'office' is a public charge or em243 (citing 4 Jac. Law Dict. 433); Ptacek v.ployment, and the term seems to apprehend People, 94 Ill. App. 571, 577, 578.

An office is a right to exercise a public or private employment, and to take the fees and emoluments, in which one has a property, and to which there are annexed duties, and, with us, in public offices, oaths to support the Constitutions of the state and of the United States. Worthy v. Barrett, 63 N. C. 199, 202.

every charge or employment in which the public are interested. The words 'public trust,' still more comprehensive, appear to include every agency in which the public repose special confidence in particular persons, and appoint them for the performance of some duty or service." In re Wood (N. Y.) Hopk. Ch. 6, 8.

A public office has been well described to be when one man is specially set by law, and is compellable to do another's business against his will and without his leave, and can demand therefor such compensation, by way of salary or fees, as by law is assigned, to the doing of which business no other person but the officer, or one deputed by him, is legally competent. Hoke v. Henderson, 15 N. C. 1, 17, 25 Am. Dec. 677.

A public office is a permanent trust to be exercised in behalf of the government or all citizens who may need the intervention of a public functionary or officer. It means the right to exercise generally, and in all proper cases, the functions of a public trust or employment, and to receive the fees and emoluments belonging to it, and to hold the place and perform the duty for the term and by the tenure prescribed by law. Under this definiAn office has been defined to mean public tion an officer of the United States army re-employment, and its legal meaning to be an tired from active service, on three-quarters pay, on account of age, under Rev. St. U. S. 88 1254-1259 [U. S. Comp. St. 1901, pp. 887889], and Act June 30, 1882, c. 254, 22 Stat. 118 [U. S. Comp. St. 1901, p. 885], does not hold a "federal office," within the meaning of Laws 1888, c. 584, providing that the aqueduct commissioners appointed by the mayor of the city of New York shall hold no federal office. People v. Duane, 121 N. Y. 367, 375, 24 N. E. 845.

"An 'office,'" said Chancellor Sanford, "is a public charge or employment, and the term seems to comprehend every charge or employment in which the public are concerned. Wood's Case (N. Y.) 2 Cow. 30, note. Every office is considered public, the duties of which concern the public." People v. Hayes (N. Y.) 7 How. Prac. 248, 250 (citing 5 Bac. Abr. 180; 2 Toml. Law Dict.).

An office is simply an appointment or authority on behalf of the government to perform certain duties at and for a certain compensation. People v. Rathbone, 32 N. Y. Supp. 108, 109, 11 Misc. Rep. 98.

employment on behalf of government, or any station of public trust, or place of trust by virtue of which a person becomes charged with the performance of certain public duties. Smith v. Moore, 90 Ind. 294, 297.

An office is a special trust or charge created by competent authority. State ex rel. Cannon v. May, 17 S. W. 660, 665, 106 Mo. 488 (citing People v. Langdon, 40 Mich. 673, 682). If not merely honorary, certain duties which will be the circumstance for its being will be connected with it, the performance of conferred upon a particular individual, who, for the time, will be the officer. People v. Langdon, 40 Mich. 673, 682.

A public office is a trust to be exercised on behalf of the government or of all citizens who may need the intervention of a public functionary or officer. It means the right to exercise generally and in all proper cases the functions of a public trust or employment, and to receive the fees and emoluments belonging to it, and to hold the place and perform the duty for the term and by the tenure prescribed by law. People v. Duane, 31 N. Y. St. Rep. 516, 520.

One of the earliest definitions of the word "officium" is "that function by virtue "An office is a public station or employwhereof a man hath some employment in the ment, conferred by the appointment of gov. affairs of another, as of the king or another ernment, the term embracing the ideas of person." Again, it is said that the word "of- tenure, duration, emolument, and duties." ficium" principally implies a duty, and in the United States v. McCrory, 91 Fed. 295, 296,

33 C. C. A. 515 (quoting United States v. Hartwell, 73 U. S. [6 Wall.] 393, 18 L. Ed. 832); Territory v. Hopt, 4 Pac. 250, 254, 3 Utah, 396; In re Searls, 48 N. Y. Supp. 60, 63, 22 App. Div. 140. See, also, Vaughn v. English, 8 Cal. 39, 41; Vincenheller v. Reagan, 64 S. W. 278, 284, 69 Ark. 460; Wardlaw v. City of New York, 19 N. Y. Supp. 6, 7, 61 N. Y. Super. Ct. (29 Jones & S.) 174; State v. Brennan, 49 Ohio St. 33, 37, 29 N. E. 593; Ptacek V. People, 94 Ill. App. 571, 577, 578; Polk v. James, 68 Ga. 128.

Burrill says the idea of office clearly embraces the ideas of tenure, duration, fees or emoluments, rights and powers, as well as that of duty. United States v. Fisher (U. S.) 8 Fed. 414, 415; Olmstead v. City of New York, 42 N. Y. Super. Ct. (10 Jones & S.) 481, 487; People v. Nichols, 52 N. Y. 478, 484, 11 Am. Rep. 734.

A public office exists, if at all, by a constitutional provision, or else by the flat of the Legislature or by some body or board to which the Legislature has delegated power to create an office. Meyers v. City of New York, 69 Hun, 293, 23 N. Y. Supp. 484. And the employment of a day laborer, though he was taken from the civil service list, did not create an office, or him an office holder. Eckerson v. City of New York, 80 N. Y. Supp. 168, 169, 80 App. Div. 12.

Speaking generally, it may be said that a public office is an agency for the state. School Com'rs of Worcester County v. Goldsborough, 44 Atl. 1055, 1057, 90 Md. 193.

Public offices are not incorporeal here

ditaments, nor have they the character or quality of grants. They are agencies. With few exceptions they are voluntarily taken, and may be voluntarily resigned. They are created for the benefit of the public, and are not granted for the incumbent. Their terms are fixed with a view to public utility and convenience, and not for the purpose of granting the emoluments during that period to the office holder. Trimble v. People, 34 Pac. 981, 985, 19 Colo. 187, 41 Am. St. Rep. 236 (citing Conner v. City of New York, 5 N. Y. [1 Seld.] 285).

A public office is an agency from the state, and the person whose duty it is to perform this agency is a public officer. Clark V. Stanley, 66 N. C. 59, 63, 8 Am. Rep. 488; State Prison of North Carolina v. Day, 32 S. E. 748, 749, 124 N. C. 362, 46 L. R. A. See, also, State v. Hocker, 22 South. 721, 722, 39 Fla. 477, 63 Am. St. Rep. 174; McCornick v. Thatcher, 8 Utah, 294, 301, 30 Pac. 1091, 17 L. R. A. 243 (citing 4 Jac. Law Dict. 433).

295.

lic. 321.

An office is a trust created for the pubRobb v. Carter, 4 Atl. 282, 283, 65 Md.

The word "office" imports a duty or trust. Ex parte Faulkner, 1 W. Va. 269, 297.

An office embraces the ideas of tenure, duration, emoluments, and duties, and these ideas or elements cannot be separated, and each considered abstractly. All taken together constitute the office. Kendall v. RayThe terms "office" and "public trust" in bould, 44 Pac. 1034, 1036, 13 Utah, 226. the California Constitution are nearly syIt is said to be impossible to give a defi-nonymous; at least, the term "public trust" nition of an office that will be applicable to all offices. State v. Wilson, 29 Ohio St. 347, 349.

The words "office" and "officer" are terms of vague and variable import, the meaning of which necessarily varies with the connection in which they are used; and to determine it correctly, in a particular instance, resort must be had to the intention of the statute, and the subject-matter in reference to which the terms are used. State v. Kiichli, 53 Minn. 147, 155, 54 N. W. 1069, 1071, 19 L. R. A. 779.

The use in the Penal Code of any word expressive of office or trust includes both males and females. Pen. Code Tex. 1895, art.

22.

Agency, duty, or trust.

Public office is intended for the public good, and not for the particular gain of the incumbent. It is a mere agency or trust. Wilson v. City of New York, 65 N. Y. Supp. 328, 329, 31 Misc. Rep. 693.

6 WDS. & P.-4

is included in the more comprehensive term "office." The terms have relation only to those persons and duties that are of a public nature. Ex parte Yale, 24 Cal. 241, 244, 85 Am. Dec. 62.

"It is said that the word 'officium' principally applies to a duty, and in the next place the charge of such duty; and that it is a rule that where one man hath to do with another's affairs against his will and without his leave, that it is an office, and he who is in it is an officer." Bradford v. Justices of Inferior Court, 33 Ga. 332, 336 (citing Carth. 478, 4 Jac. Law Dict.).

The Legislature has no power to deprive a constitutional officer of his fees by relieving him of the duties of his office, and providing that if he exercises such duties he shall be entitled to no compensation, for there can be no public office with no duties to be performed. People v. Howland, 17 N. Y. App. Div. 165, 171, 45 N. Y. Supp. 347.

In the text-books it is taught that the word "office" in its primary signification im

Officers are civil or military, public or private, according to the nature of their trusts. A public officer is one who has a duty concerning the public, and is none the less a public officer where his authority is confined to narrow limits. Civil officers are political, judicial, or ministerial. Ex parte Faulkner, 1 W. Va. 269, 297 (citing 7 Bac. Abr. 279, 280, tit. "Office and Officers").

plies a duty or duties, and secondarily a change of such duties—the agency from the state to perform the duties. The duties of the office are the first consequence, and the agency from the state to perform those duties is the next step in the creation of an office. It is the union of the two factors, duty and agency, which makes the office. An act purporting to abolish an office does not abolish it where it also requires the performance of all the duties previously performed by the incumbent of such office, though it requires the duties to be performed by three persons. State Prison of North Carolina v. Day, 32 S. E. 748, 749, 124 N. C. 362, 46 L. R. A. 295.

In People v. Langdon, 40 Mich. 673, it is said: "An office is a special trust or charge created by competent authority. If not merely honorary, certain duties will be connected with it, the performance of which will be consideration for its being conferred on a particular individual, who for the time will be an officer." State ex rel. Kane v. Johnson (Mo.) 25 S. W. 855, 856; Id., 27 S. W. 399, 401, 123 Mo. 43; State ex rel. Cameron v. Shannon, 33 S. W. 1137-1144, 133

Mo. 139.

"Webster defines an 'office' to signify a particular duty, charge, or trust conferred by public authority and for a public purpose. In Re Attorney's Oaths (N. Y.) 20 Johns. 492, Platt, J., delivering an opinion of the court, defines the legal meaning of the word to be an employment on behalf of the government in any station of public trust not merely transient, occasional, or incidental."

State v. Kennon, 7 Ohio St. 546, 556.

An office is a position to which certain duties are attached, a post, the position of which imposes certain duties upon the possessor, and confers upon him authority for the performance. State v. Griswold, 46 Atl. 829, 830, 73 Conn. 95.

An office is a particular duty, charge, or trust conferred by public authority and for a public purpose. Waldo v. Wallace, 12 Ind. 569, 572.

As a matter of law, “officers of the land department" of the government are agents of the law. They cannot act beyond its provisions, nor make any disposition of land not sanctioned by law. Stimson Land Co. v. Rawson (U. S.) 62 Fed. 426, 429.

Classes of offices.

Officers are civil, judicial, ministerial, executive, political, municipal, military, ecclesiastical, etc. An office is a right to exercise a public function or employment, and may be classed into civil and military, and civil may be classed into political, judicial, and ministerial. Waldo v. Wallace, 12 Ind. 569, 572.

Po

"Offices may be and usually are divided Civil into two classes, civil and military. offices are usually divided into three classes, political, ministerial, and judicial. litical offices are such as are not immediately connected with the administration of justice or the execution of the mandates of a superior, as the president or head of a department. Judicial offices are those which relate to the administration of justice, and which must be exercised by the persons appointed for that purpose and not by deputies. Ministerial offices are those which give the officer no power to judge the matter to be done, and which require him to obey some superior, many of which are merely employments requiring neither a commission nor a warrant of appointment as temporary clerks or managers. Fitzpatrick v. United States (U. S.) 7 Ct. Cl. 290, 293.

Offices are civil and military, and the civil are divided into political, judicial, and ministerial. Of the former the President, the Governors of the states, heads of departments, members of Congress and Legislature, are examples. The judicial are those which relate to the administration of justice, and terial are those wherein the officer has no cannot be exercised by a deputy. The minispower to judge of the matter to be done,

must act in obedience to the orders of the superior, and the duties of which can be performed by a deputy. All offices in this country are public. People v. Ridgley, 21 Ill. (11 Peck) 65, 68.

Compensation.

Webster defines the word "office" as "a special duty, trust, or charge conferred by authority and for a public purpose. An

Offices may be classed into two kinds-employment undertaken by a commission and public and private. The incumbents of public offices perform duties for and owe obligations to the public, while the incumbents of private offices do not. Commonwealth v. Christian (Pa.) 9 Phila. 556, 558. See, also, Bradford v. Justices of Inferior Court, 33 Ga. 332, 336; Polk v. James, 68 Ga. 128.

authority of the government, as a civil, judicial, executive, legislative, or other office." Burrill's Law Dictionary defines the word to mean "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, pub

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