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offered for sale without a special or personal, OFFER TO CONFESS JUDGMENT.
An offer to confess judgment, which is eral advertisements in the press, or by ex- not accepted, cannot be treated as an admis hibition of signs or symbols in the vicinity of sion of the cause of action or the amount to the place of the alleged business, or by hav- which plaintiff is entitled. Kelley v. Combs, ing the article unsealed with intent to dis- 57 8. W. 476, 22 Ky. Law Rep. 363. pose of it to any offering to purchase. Hence under Laws 1885, p. 128, making it criminal OFFER TO VOTE. to offer for sale an oleaginous substance except under certain conditions, it includes the
To offer to vote by ballot is to present act of a merchant in keeping such articles in one's self with proper qualifications at the his storeroom, though he makes no offer to time and place appointed, and to make manany individual to sell the same. State v.
ual delivery of the ballot to the officers apDunbar, 11 Pac. 298, 299, 13 Or. 591, 57 Am. pointed by law to receive it. Chase v. MilRep. 33.
ler, 41 Pa. (5 Wright) 403, 419; Morrison V.
Springer, 15 Iowa, 304, 346. "Offered for sale,” in Laws 1876, c. 90, $ 2, as amended in 1877, providing for the inspection of illuminating oils offered for sale,
OFFERED LANDS. means held for sale, though they had not been put on the market for sale. It does not Stat. 89 (U. S. Comp. St. 1901, p. 1545), pro
Act Cong. June 3, 1878, c. 151, § 1, 20 require an actual proffer for sale to some viding that surveyed public lands of the particular person. Willis v. Standard Oil United States within certain states, valuable Co., 52 N. W. 652, 653, 50 Minn, 290.
chiefly for timber, but unfit for cultivation, To constitute such an offering for sale and which have not been offered at public of the seminary lands under Act Dec., 1840, sale according to law, may be sold to citiby the Governor, as to subject the land, if zens of the United States in quantities not not sold, to be entered at the graduation exceeding 160 acres to any one person, price, there must have been not only a proc. should be construed as applying to lands lamation published at the time and in the which, at the date of the act, belonged to manner provided by law, but the land must the class of unoffered lands, as contradishave been regularly proposed for sale to the tinguished from what, in the practice of the highest bidder by the crier of the sale on land departmentare known as “offered the day designated by the proclamation of the lands”—that is, lands which are subject to Governor. The proclamation of the Governor private cash entry at the minimum price. does not constitute an offering for sale, but United States v. Budd (U. S.) 43 Fed. 630, is only a notice to all persons desirous of 631. purchasing any of the seminary lands that an opportunity for the purpose will be afford- OFFERING PRIZE. ed them. Hardwick v. Reardon, 6 Ark. 77.
"Offering prizes," as used in Rev. St. OFFER OF PILOT SERVICE.
$ 3894 (U. S. Comp. St. 1901, p. 2659), whicb
provides that no letter or circular concernAn offer of pilot service may be made ing lotteries, so-called gift concerts, or other by some arbitrary or established sign or dem similar enterprises offering prizes, or cononstration, made from beyond earshot and cerning schemes devised and intended to de addressed exclusively to the eye. There is a ceive and defraud the public for the purdistinction between speaking or hailing a pose of obtaining money under false prevessel and a mere offer of pilot service. The tenses, etc., "qualify and limit the words speaking or hailing a vessel implies that the ‘similar enterprises.' They indicate the naparties are within speaking distance, and can ture of the similarity to lotteries and so only be done by word of mouth, supplement- called gift concerts which must characterize ed, it may be, by some such device for pro other enterprises than lotteries and gift conjecting the sound of the voice as a speaking certs to bring them also within the embrace trumpet, or even personal gesticulation. The of the statutes.” United States v. Noelke Ullock (U. S.) 19 Fed. 207, 208 (citing Com- (U. S.) 1 Fed. 426, 430. missioners v. Ricketson, 46 Mass.' [5 Metc.] 412; 2 Pars. Shipp. & Adm. 109).
OFFICE. OFFER OF REWARD.
See “General Offices" ; "Home Office": See “Reward."
"House"; "In His Office”; “Public
House"; "Public Place." OFFER TO BUY PEACE.
Of corporation, see “Chief Office." Admissions distinguished, see "Admis- Webster defines an office to be “the place sion."
where a particular kind of business or serv.
ice for others is transacted; a house or, ster defines It to be a duty, charge, or trust. apartment in which public officers and oth- United States v. Fisher (U. S.) 8 Fed. 414, ers transact business; as a register's office, 415; Bradford v. Justices of Inferior Court, à lawyer's office." Anderson V. State, 17 33 Ga. 332, 336. Tex. App. 305, 310; Bigham v. State, 20 S. W. 577, 31 Tex. Cr. R. 244.
Whether we look into the dictionaries
of our language, the terms of politics, or the The word "office," in 2 Hill's Ann. Code, dictum of common life, we find that whoP. 662, $ 46, which defines burglary as an ever has a public charge or employment, anlawful entry, with intent to commit a fel- or even a particular employment affecting ony, of an office, shop, store, warehouse, the public, is said to hold or be “in office.” malthouse, stillhouse, mill, factory, bank, Rowland v. City of New York, 83 N. Y. 372, church, schoolhouse, railroad car, barn, sta- 375, 376. ble, ship, steamboat and water craft, or any building in which goods, merchandise, or An office is defined by the Century Dicvaluable things are kept for use, sale, or de- tionary as a post, the possession of which posit, means any office, without regard to imposes certain duties on the possessor, and whether any valuable things are kept there-confers authority for their performance; and in or not, as the latter clause of the statute by Cochran as a position or appointment enonly refers to buildings not specifically des- tailing certain rights and duties. State v. ignated. State v. Sufferin, 32 Pac. 1021, 6 Brennan, 49 Ohio St. 33, 37, 29 N. E. 593. Wash. 107.
An office has been defined to be a right "Office" is the proper designation for an to exercise a public function or employment apartment or room in the corner of a hard- and to take the fee belonging to it. Olmware room, made of pickets four feet high, stead v. City of New York, 42 N. Y. Super. one inch square, and three inches apart, on Ct. (10 Jones & S.) 481, 487 (quoting 7 Bac. top of which there was a plank, the door or Abr. (Ed. 1879] p. 279, tit. "Office and Offgate of such place being made of the same cer”; Bouv. Law Dict.); People v. Ridgley, material, in which the account books, money, 21 III. 65, 68; Miller v. Sacramento County etc., of a lumber company were kept, and Sup'rs, 25 Cal. 93, 98; People v. Stratton, where the business of such company was 28 Cal. 382, 388; Quigg V. Evans, 53 Pac. transacted by its agent or clerk; the place 1093, 1094, 121 Cal. 546 (quoting 3 Kent, being partitioned off and used separately Comm. 454); People v. Harrington, 63 Cal. from any portion of the hardware house for 257, 260; Hamlin v. Kassafer, 15 Pac. 778. a particular business. Anderson v. State, 17779, 15 Or. 456, 3 Am. St. Rep. 176; State v. Tex. App. 305, 310.
Wilson, 29 Ohio St. 347, 348; State v. BrenThe inclosure where the books of a rail-nan, 49 Ohio St. 33, 37, 29 N. E. 593; Terroad corporation are kept, and where tickets ritory v. Hopt, 4 Pac. 250, 254, 3 Utah, 396; are kept and sold, and where the business of | Mitchell v. Nelson, 49 Ala. 88, 89; Leach v. the corporation is transacted, may with pro- Cassidy, 23 Ind. 449; Gosman v. State, 106 priety be called an "office," but not the wait. Ind. 203, 204, 6 N. E. 349; Commonwealth v. ing room for passengers. Commonwealth v. Christian (Pa.) 9 Phila. 556, 558; State v. White, 60 Mass. (6 Cush.) 181-183.
Sellers (8. O.) 7 Rich. Law, 368, 370.
An office is “the right to exercise a pubOFFICE.
lic 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 Of- of bailiffs, receivers,” etc. Dailey v. State, ice 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 or- trand, 46 N. Y. 375, 381; Conner v. City of Ace"; "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. 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; Ptąsee "Officer.”
cek v. People, 94 Ill. App. 571, 577, 578; Flem
ming V. Hudson County, 30 N. J. Law (1 AD "office,” as defined by Cowell, is a Vroom) 280, 281; McCornick v. Thatcher, 8 function by virtue whereof a man has some Utah, 294, 301, 30 Pac. 1091, 17 L R. A. 243 employment in the affairs of another. Web-! (citing 4 Jac. Law Dict. 433).
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. I. 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, 8 Utah, 294, 301, 30 Pac. 1091, 17 L. R. A. cation. An office' is a public charge or em
meaning distinct from their ordinary signifi243 (citing 4 Jac. Law Dict. 433); Ptacek v. ployment, and the term seems to apprehend People, 94 Ill. App. 571, 577, 578.
every charge or employment in which the An office is a right to exercise a public public are interested. The words 'public or private employment, and to take the fees trust,' still more comprehensive, appear to and emoluments, in wbich one has a prop- include every agency in which the public reerty, and to which there are annexed duties, pose special confidence in particular persons, and, with us, in public offices, oaths to sup- and appoint them for the performance of port the Constitutions of the state and of the some duty or service.” In re Wood (N. Y.) United States. Worthy v. Barrett, 63 N. C. Hopk. Ch. 6, 8. 199, 202.
A public office has been well described to A public office is a permanent trust to be be when one man is specially set by law, and exercised in behalf of the government or all is compellable to do another's business citizens who may need the intervention of a against his will and without his leave, and public functionary or officer. It means the can demand therefor such compensation, by right to exercise generally, and in all proper way of salary or fees, as by law is assigned, cases, the functions of a public trust or em- to the doing of which business no other perployment, and to receive the fees and emolu- son but the officer, or one deputed by him, is ments belonging to it, and to hold the place legally competent. Hoke v. Henderson, 15 N. and perform the duty for the term and by the C. 1, 17, 25 Am. Dec. 677. tenure prescribed by law. Under this defini
An office has been defined to mean public tion an officer of the United States army retired from active service, on three-quarters employment on behalf of government, or any
employment, and its legal meaning to be an pay, on account of age, under Rev. St. U. S. station of public trust, or place of trust by $$ 1254–1259 (U. S. Comp. St. 1901, pp. 897- virtue of which a person becomes charged 889), and Act June 30, 1882, c. 254, 22 Stat. with the performance of certain public du118 (U. S. Comp. St. 1901, p. 885), does not ties. Smith v. Moore, 90 Ind. 294, 297. hold a “federal office,” within the meaning of Laws 1888, c. 584, providing that the aque- An office is a special trust or charge duct commissioners appointed by the mayor created by competent authority. State ex rel. of the city of New York shall hold no federal Cannon v. May, 17 S. W. 600, 665, 106 Mo. office. People v. Duane, 121 N. Y. 367, 375, 488 (citing People v. Langdon, 40 Mich. 673, 24 N. E. 845.
682). If not merely honorary, certain duties
will be connected with it, the performance of “An office,'” said Chancellor Sanford, which will be the circumstance for its being “is a public charge or employment, and the conferred upon a particular individual, who, term seems to comprehend every charge or for the time, will be the officer. People v. employment in which the public are concern- Langdon, 40 Mich. 673, 682. ed. Wood's Case (N. Y.) 2 Cow. 30, note. Every office is considered public, the duties A public office is a trust to be exercised of which concern the public.” People v. on behalf of the government or of all citizens Hayes (N. Y.) 7 How. Prac. 248, 250 (citing who may need the intervention of a public 5 Bac. Abr. 180; 2 Toml. Law Dict.).
functionary or officer. It means the right to
exercise generally and in all proper cases the An office is simply an appointment or au- functions of a public trust or employment, thority on behalf of the government to per- and to receive the fees and emoluments be form certain duties at and for a certain com- longing to it, and to hold the place and perpensation. People v. Rathbone, 32 N. Y. form the duty for the term and by the tenSupp. 108, 109, 11 Misc. Rep. 98.
ure prescribed by law. People v. Duane, 31 One of the earliest definitions of the N. Y. St. Rep. 516, 520. word "officium" is "that function by virtue "An office is a public station or employ. whereof a man bath some employment iu the ment, conferred by the appointment of gor. 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. Hart Speaking generally, it may be said that well, 73 U. 8. (6 Wall.) 393, 18 L. Ed. 832); a public office is an agency for the state. Territory v. Hopt, 4 Pac. 250, 254, 3 Utah, School Com’rs of Worcester County v. Golds396; In re Searls, 48 N. Y. Supp. 60, 63, 22 borough, 44 Atl. 1055, 1057, 90 Md. 193. App. Div. 140. See, also, Vaughn v. English, 8 Cal. 39, 41; Vincenbeller v. Reagan, 64 S.
Public offices are not incorporeal hereW. 278, 284, 69 Ark. 460; Wardlaw v. City ditaments, nor bave they the character or of New York, 19 N. Y. Supp. 6, 7, 61 N. Y. quality of grants. They are agencies. With Super. Ct. (29 Jones & S.) 174; State v. Bren- few exceptions they are voluntarily taken, Dan, 49 Obio St. 33, 37, 29 N. E. 593; Ptacek and may be voluntarily resigned. They are v. People, 94 Ill. App. 571, 577, 578; Polk v.
created for the benefit of the public, and James, 68 Ga. 128.
are not granted for the incumbent. Their
terms are fixed with a view to public utility Burrill says the idea of office clearly and convenience, and not for the purpose of embraces the ideas of tenure, duration, fees granting the emoluments during that period or emoluments, rights and powers, as well to the office bolder. Trimble v. People, 34 as that of duty. United States v. Fisher (U. Pac. 981, 985, 19 Colo. 187, 41 Am. St. Rep. S.) 8 Fed. 414, 415; Olmstead v. City of 236 (citing Conner v. City of New York, 5 New York, 42 N. Y. Super. Ct. (10 Jones & N. Y. (1 Seld.] 285). S.) 481, 487; People v. Nichols, 52 N. Y. 478, 484, 11 Am. Rep. 734.
A public office is an agency from the
state, and the person whose duty it is to perA public office exists, if at all, by a con- ; form this agency is a public officer. Clark stitutional provision, or else by the fat of v. Stanley, 66 N. C. 59, 63, 8 Am. Rep. 488; the Legislature or by some body or board to State Prison of North Carolina v. Day, 32 which the Legislature has delegated power to S. E. 748, 749, 124 N. C. 362, 46 L. R. A. create an office. Meyers v. City of New 295. See, also, State v. Hocker, 22 South. York, 69 Hun, 293, 23 N. Y. Supp. 484. And 721, 722, 39 Fla. 477, 63 Am. St. Rep. 174; the employment of a day laborer, though he McCornick 6. Thatcher, 8 Utah, 294, 301, was taken from the civil service list, did not 30 Pac. 1091, 17 L. R. A. 243 (citing 4 Jac. create an office, or him an office holder.
Law Dict. 433). Eckerson v. City of New York, 80 N. Y. Supp.
An office is a trust created for the pub168, 169, 80 App. Div. 12.
lic. Robb v. Carter, 4 Atl. 282, 283, 65 Md.
321. An office embraces the ideas of tenure, duration, emoluments, and duties, and these The word "office" imports a duty or ideas or elements cannot be separated, and trust. Ex parte Faulkner, 1 W. Va. 269, each considered abstractly. All taken to- | 297. gether constitute the office. Kendall v. Raybould, 44 Pac. 1034, 1036, 13 Utah, 226.
The terms "office" and "public trust" in
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 is included in the more comprehensive term all offices. State v. Wilson, 29 Ohio St. 347, "office." The terms have relation only to 349.
those persons and duties that are of a public
nature. Ex parte Yale, 24 Cal. 241, 244, 85 The words “office" and "officer” are Am. Dec. 62. terms of vague and variable import, the meaning of which necessarily varies with the "It is said that the word officium' connection in which they are used; and to principally applies to a duty, and in the next determine it correctly, in a particular in- place the charge of such duty; and that it stance, resort must be had the intention is a rule that where one man hath to do of the statute, and the subject matter in ref- with another's affairs against his will and erence to which the terins are used. State without his leave, that it is an office, and 5. Kiichli, 53 Minn, 147, 155, 54 N. W. 1069, he who is in it is an officer." Bradford v. 1071, 19 L. R. A. 779.
Justices of Inferior Court, 33 Ga. 332, 336
(citing Carth. 478, 4 Jac. Law Dict.). The use in the Penal Code of any word expressive of office or trust includes both
The Legislature bas no power to deprive males and females. Pen. Code Tex. 1895, art a constitutional officer of his fees by re
lieving him of the duties of his office, and
providing that if he exercises such duties he Agency, duty, or trust.
shall be entitled to no compensation, for Public office is intended for the public to be performed. People v. Howland, 17 N.
there can be no public office with no duties good, and not for the particular gain of the Y. App. Div. 165, 171, 45 N. Y. Supp. 347. Incumbent. It is a mere agency or trust. Wilson v. City of New York, 65 N. Y. Supp. In the text-books it is taught that the 328, 329, 31 Misc. Rep. 693.
word "office" in its primary signification im6 WDS. & P.-4
plies a duty or duties, and secondarily a Officers are civil or military, public or change of such duties—the agency from the private, according to the nature of their state to perform the duties. The duties of trusts. A public officer is one who has a the office are the first consequence, and the duty concerning the public, and is none the agency from the state to perform those du- less a public officer where his authority is ties is the next step in the creation of an confined to narrow limits. Civil officers are office. It is the union of the two factors, du- political, judicial, or ministerial. Ex parte ty and agency, which makes the office. An Faulkner, 1 W. Va. 269, 297 (citing 7 Bac. act purporting to abolish an office does not Abr. 279, 280, tit. “Office and Officers'). abolish it where it also requires the performance of all the duties previously per
Officers are civil, judicial, ministerial, formed by the incumbent of such office, executive, political, municipal, military, ecthough it requires the duties to be performed clesiastical, etc. An office is a right to exby three persons. State Prison of North ercise a public function or employment, and Carolina v. Day, 32 S. E. 748, 749, 124 N. C. may be classed into civil and military, and 362, 46 L. R. A. 295.
civil may be classed into political, judicial,
and ministerial. Waldo v. Wallace, 12 Ind. In People v. Langdon, 40 Mich. 673, it 569, 572. is said: “An office is a special trust or charge created by competent authority. If
"Offices may be and usually are divided not merely honorary, certain duties will be into two classes, civil and military. Civil connected with it, the performance of which offices are usually divided into three classwill be consideration for its being conferred es, political, ministerial, and judicial. Poon a particular individual, who for the time litical offices are such as are not immediately will be an officer.” State ex rel. Kane v. connected with the administration of justice Johnson (Mo.) 25 S. W. 855, 856; Id., 27 s. or the execution of the mandates of a supe W. 399, 401, 123 Mo. 43; State ex rel. Cam. rior, as the president or head of a departeron v. Shannon, 33 S. W. 1137–1144, 133 ment. Judicial offices are those which relate Mo. 139.
to the administration of justice, and which
must be exercised by the persons appointed "Webster defines an office to signify for that purpose and not by deputies. Minisa particular duty, charge, or trust conferred terial offices are those which give the officer by public authority and for a public pur no power to judge the matter to be done, and pose. In Re Attorney's Oaths (N. Y.) 20 which require him to obey some superior, Jobns. 492, Platt, J., delivering an opinion many of which are merely employments re of the court, defines the legal meaning of the quiring neither a commission nor a warrant word to be an employment on behalf of the of appointment as temporary clerks or man. government in any station of public trust agers. Fitzpatrick v. United States (U. S.) not merely transient, occasional, or inciden- 7 Ct. Cl. 290, 293. tal.” State v. Kennon, 7 Ohio St. 546, 556.
Offices are civil and military, and the An office is a position to which certain civil are divided into political, judicial, and duties are attached, a post, the position of ministerial. Of the former the President, which imposes certain duties upon the pos- the Governors of the states, heads of departsessor, and confers upon him authority for ments, members of Congress and Legislature, the performance. State v. Griswold, 46 Atl. are examples. The judicial are those which 829, 830, 73 Conn. 95.
relate to the administration of justice, and An office is a particular duty, charge, or terial are those wherein the officer has no
cannot be exercised by a deputy. The ministrust conferred by public authority and for a public purpose. Waldo v. Wallace, 12 Ind. power to judge of the matter to be done,
must act in obedience to the orders of the 569, 572.
superior, and the duties of which can be As a matter of law, "officers of the land performed by a deputy. All offices in this department” of the government are agents country are public. People v. Ridgley, 21 of the law. They cannot act beyond its pro- III. (11 Peck) 65, 68. visions, nor make any disposition of land pot sanctioned by law. Stimson Land Co. v. Compensation. Rawson (U. S.) 62 Fed. 426, 429.
Webster defines the word "office" as
"a special duty, trust, or charge conferred Classes of offices.
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 pub- authority of the government, as a civil, julic offices perform duties for and owe obliga- dicial, executive, legislative, or other office.” tions to the public, while the incumbents of Burrill's Law Dictionary defines the word private offices do not Commonwealth v. to mean “a position or station in which a Christian (Pa.) 9 Phila. 556, 558. See, also, person is employed to perform certain duties, Bradford v. Justices of Inferior Court, 33 Ga. or by virtue of which he becomes charged 332, 336; Polk v. James, 68 Ga. 128
with the performance of certain duties, pub