Page:Black's Law Dictionary (Second Edition).djvu/856

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OFFENSE

and operated by Ill] unintermittent force, no matter how long a time it may occupy. People v. Sullivan, 9 Utah, 195, 33 Pac. 701 —Quasi oflense. One which is imputed to the person who is responsible for its injurious consequecnes, not because he himself committed it, but because the perpetrator of it is presumed to have acted under his commands.

OFFENSIVE. In the law relating to nuisances and similar matters, this term monns noxious, causing annoy aiice, discern- fort, or painful or disagi-eeable sensations. See Rowland v. Miller (Super. N. Y.) 15 N. Y. Supp. 701; Moilcr v. l'resbyterian Hospital, 65 App. Div. 134, 72 N. Y. Supp. 4S3: Barrow v. Richard, 8 Paige (N. Y.) 360, 35 Am. Dec. 713. As occasionally used in criminal law and statutes, an “offensive weapon" is primarily one meant and adapted for attack and the iniilction of injury, but practically the term includes anything that would come within the description of a "deadly" or “dangerous" weapon. See State v. Dineen, 10 Minn. 411 (Gii. 325): Rex v. Grlce, 7 Car. 5: P. 803; Rex v. I\'oakes, 5 Car. & P. 326. In internatioiial law, an “offensive and defensive league" is one binding the contracting powers not only to aid each other in case of aggression upon either of them by a third power, but also to support and aid each other in active and aggressive measures against a power with which either of them may engage in war.

OFFER. 1. To bring to or before: to present for acceptance or rejection: to hold out or proffer: to make a proposal to; to pxliiliit something that may be taken or received or not. Morrison v. Springer. 15 Iowa. 346: Vincent v. Woodland Oil Co.. 165 Pa. 402, 30 Atl. 99]; Peopie v. Ah Fook. 62 Cal. 494.

2. To attempt or endeavor; to make an effort to efi“e(-t some ohject; in this sense used principally in criminal luw. Com. v. Harris. 1 Lcg. Guz. R. (Pa.) 457.

3. In trial practice. to “offer" evidence is to state its nature and purport, or to recite what is expected to be proved by a given witness or document, and demand its admission. Unless under exceptional (‘lI'Ci.liIi- stances, the term is not to be taken as equiv- alent to “iutroduce." See Ansley v. hleikle, 81 Ind. 260; Lyon v. Davis. 111 ind. 384, 12 N. E. 71'}: Harris v. Tomlinson, 130 Ind. 426, 30 N. E. 214.

OFFERINGS. In English ecclesiastical law. Personal tithes, payable by custom to the parson or vicar of a parish. either occa- sionally, as at sacraments. marriages, churching of women. burials. etc, or at constunt times, as at Easter, Christmas, etc.

OFFERTORIUM. In English ecclesiastical law. The offerings of the faithful. or the place where they are made or kept: the service at the time of the Communion.

843

OFFICE

OFFICE. "0£[ite" is defined to be .

unto belonging, whether public, as _ magistrates, or private, as of balil ’ ceivers, or the like. 2 Bl. Comm. 36.‘ land v. New York, 83 N. Y. '1.“'; Du‘ State, 8 Blaclsf. (Ind.) 330; Liair v. 80 Va. 495; V\'ofthy v. Barrett 03 202; People v. Divine, 121 N. Y. fl, E. 84-‘i: U. S. v. H:u'tii=eli. G Waii‘. L. E11. 830.

That function by virtue “hereof a ' has some employment in the din-s o t other, whether judicial, niiiilsterial. i ‘ tire, municipal, ecclesiastical. etc

An eniiilnrineut on behalf of the g ment in any station or public trust. ' merely transient, occasiunaL or ii In re Attorneys‘ Oaths, 20 Johns. (Ix. ’ 493.

The most frequent occasions to use the w arise with reference to a duty and pi: ‘er ferred on an individual by the gen and, when this is the cnmiettion. “public i is a usual and more discriminaring ex But a power and duty may exist withoui: :“‘ mediate grant from g . properly called an “olhc ecutor, the office of steward.

acts towards le_L'al:ecs or towards formance of a duty, and in exercise of a poire not derived from their consent, but devolved -: him by an authority which qiioaii has is sup rior. Abbott. offices may be classed as civil and niilita - and civil officcs may be classed as political. dicial, and ministerial. Poiitical othces are as are not connectcd immediately with the a ministration of justice, or the executin mandates of E. superior officer. those which relate to the aiitn

ficer no power to judge of the matter to be done, and require him to obey the mandates of a sil- perior. It is a. general rule that a judicial fire cannot be exercised by deputy, while a min- ‘ .ii one may. “Waldo v. Wallace, 12 Ind.

“Office” is frequently used in the old books as an ahbreviation for "inquest of office," ((1. v1.1

—1'.uoi-ative office. See LnonA-r1vii:.—Oifiae- book. Anv hook for the record of niiirinl or other transactions, kept under authority of the state. in public officea not connettrd with the courts.—Ofiice—i:opy. A com‘ or transcript of a deed or record or any filed driciinicnt made lag the oiiicer hm-in: it in cu:-itody or under ll

sanction, and by him sealed or ccrtilic-d.—0f. flee found. In English law. Inquest of oliice found; the finding of certain facts by a jury on an inquest or inquisition of office. 3 Bl. Comm. 258. 259. This phrase has been adopted in American law. 2 Kent. Comm. 61. $ Phiiiips v. Moore. 100 U. S. 212 Z? L. Ed. . Bali:-r v. Shy, 9 Iieislt. (Tcnn.) S9.—0 to grant. .-\ designation of a cnuvey ce made by snine officer of the law to effect cert-iin purposes, where the owner is either unwilling or unable to execute the requisite deeds to pass the title: such, for €X‘ill.lJ'|)iE, as a tax-deed 3 “'ai-lib. Real Prop. *5-37 —Oflico hours. That portion of the day during which public offices are usually open for the transaction of business. —0fiioe of honor. See HoNon.—0fi'ice of judge. .-\ criminal suit in an ecclesiastical

court, not being directed to the reparation of I