OFFICE. A right to exercise a public function or employment, and to take the fees and emoluments belonging to it. Shelford, Mortm. 797 ; Cruise, Dig. Index ; 3 Serg. & R. Penn. 149.
Judiciql offices are those which relate to the administration ofjustiee, and which must 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 power to judge of the matter to be done, and require him to obey the mandates of a superior. 7 Mass. 280. See 5 Wend. N. Y. 170 ; 10 id. 514 ; 8 Vt. 512 ; 1 Ill. 280. It is a general rule that a judicial office cannot be exercised by deputy, while a ministerial may.
Political offices are such as are not con nected immediately with the administration of justice or the execution of the mandates of a superior officer: the offices of the presi dent of the United States, of the heads of de partmente, of the members of the legislature, are of this number.
In the United States, the tenure of office never extends beyond good behavior. In England, offices are public or private. The former affect the people generally ; the latter are such as concern particular districts be longing to private individuals. In the United
States, all offices, according to the above defi nition, are public ; but in another sense em ployments of a private nature are also called offices; for example, the office of president of a bank, the office of director of a corporation. For the incompatibility of office, see INCOM PATIBILITY ; 4 Serg. & R. Penn. 277 ; 4 Coke, Inst. 100 ; Comyns, Dig. b. 7. And see, gene rally, 3 Kent, Comm. 362 ; Cruise, Dig. tit. 25 ; 16 Viner, Abr. 101 ; Ayliffe, Parerg.395 ; Pothier, Traite des Choses, 2 ; 17 Serg. & R. Penn. 219; MANDAMUS; Quo WARRANTO.
A book kept in a pub lic office, not appertaining to a court, author ized by the law of any state.
An exemplification of any such office-book, when authenticated under the act of congress of 27th March, 1804, is to have such faith and credit given to it in every court and office within the United States as such exemplifi cation has by law or usage in the courts. or offices of the state from whence the same has been taken. See FOREIGN Lews ; FOREIGN