英文法律词典 O-8

OFFICE BOOK, evidence. A book kept in a public office, not appertaining to a court, authorized¹ by the law of any state.

2. An exemplification, (q. v.) of any such office book, when authenticated² under the act of congress of 27th March, 1804, Ingers' Dig. 77, is to have such faith and credit, given to it in every court and office within the United States, as such exemplification has by law or usage in the courts or offices of the state from whence the same has been taken.

OFFICE COPY. A transcript³ of a record or proceeding⁴ filed in an office established by law, certified⁵ under the seal of the proper officer.

OFFICE FOUND, Eng. law. When an inquisition is made to the king's use of anything, by virtue⁶ of office of him who inquires, and the inquisition is found, it is said to be office found.

OFFICE, INQUEST OF. An examination into a matter by an officer in virtue of his office. Vide Inquisition.

OFFICER. He who is lawfully⁷ invested with an office.

2. Officers may be classed into, 1. Executive; as the president of the United States of America, the several governors of the different states. Their duties are pointed⁸ out in the national constitution, and the constitutions of the several states, but they are required mainly to cause the laws to be executed and obeyed.

3. - 2. The legislative⁹; such as members of congress; and of the several state legislatures. These officers are confined in their duties by the constitution, generally to make laws, though sometimes in cases of impeachment¹⁰, one of the houses of the legislature exercises judicial¹¹ functions, somewhat similar to those of a grand jury by presenting to the other articles of impeachment; and the other house acts as a court in trying such impeachments¹². The legislatures have, besides the power to inquire into the conduct of their members, judge of their elections, and the like.

4. - 3. Judicial officers; whose duties are to decide controversies¹³ between individuals, and accusations¹⁴ made in the name of the public against persons charged with a violation¹⁵ of the law.

5. - 4. Ministerial officers, or those whose duty it is to execute the mandates¹⁶, lawfully issued, of their superiors.

6. - 5. Military officers, who have commands in the army; and

7. - 6. Naval¹⁷ officers, who are in command in the navy.

8. Officers are required to exercise the functions which belong to their respective offices. The neglect to do so, may, in some cases, subject the offender¹⁸ to an indictment¹⁹; 1 Yeates, R. 519; and in others, he will be liable to the party injured. 1 Yeates, R. 506.

9. Officers are also divided into public officers and those who are not public. Some officers may bear both characters; for example, a clergyman is a public officer when he acts in the performance of such a public duty as the marriage of two individuals; 4 Conn. 209; and he is merely a private person when he acts in his more ordinary calling of teaching his congregation. See 4 Conn. 134; 1 Apple. 155.