OFFICE, is that function, by virtue of which a person has some employment in the affairs of another. An office is a right to exercise any public or private employ ment, and to take the fees and emolu ments belonging to it, whether public, as those of magistrates ; or private, as of bailiffs, receivers, &c.
The statute 5 and 6 Edward VI. c. 16, declares all securities given for the sale of offices unlawful. And if any person shall bargain, or sell, or take any reward, or promise of reward, for any office, or the deputation of any office, concerning the revenue, or the keeping of the king us castles, or the administration and execu tion of justice, unless it be such an office as had been usually granted by the jus tices of the King's Bench, or Common Pleas, or by justices of assize, every such person shall not only forfeit his right to such office, or to the nomination thereof ; but the person giving such reward, he. shall be disabled to hold such office.
But it has been decided, that where an office is within the statute, and the salary certain, if the principal make a deputy, reserving by bond a less sum out of the salary, it is good : or if the profits are un certain, reserving a part, as halt' the profits, it is good ; for the fees still be long to the principal, in whose name they must be sued for But where a person so appointed gives a bond to the princi pal to pay him a sum certain, without re ference to the profits, this is void under the statute..
To offer money to any officer of state, to procure the reversion of an office in the gift of the crown, is a misdemeanor at common law, and punishable by in. formation ; and even the attempt to in. duce him, under the influence of a bribe, is criminal, though never carried into exe cution. An instance of which occurred under the administration of Mr. Adding. ton, who prosecuted a tinman for offering a sum of money to him for a place in the customs.
Any contract to procure the nomina tion to an office, not within the statute 6 Edward VI. is defective, on the ground of public policy ; and the money agreed to be given is not recoverable.