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Jenk. Cent.

Ca. 37.

Tit. Exting.

Whaley v.
Thompson,

371

Thus, upon a descent to two daughters, where land, over which there had been a right of way was allotted to one of them, and the land to which the right of way belonged was allotted to the other, it was held, that this allotment, without fpecialty to have the way antiently used, was fufficient to revive it.

There is a cafe fimilar to this in Brocke's Abridge ment, where it is doubted whether the partition did not create a new way.

$ 26. The doctrine of revival does not feem to have been admitted in the following modern cafe.

§ 27. Thomas Adderley being feifed at the fame time 1 Bof. & Pul, of two closes, over one of which a right of way had been immemorially used to the other, devifed the clofe to which the right of way had been attached, with its appurtenances, to A. B., and devifed the other clofe to another perfon. A. B. claimed the right of way; and the court held, that from the moment when the poffeffion of the two clofes was united in one perfon, all fubordinate rights and easements were extinguifhed. The only point, therefore, that could poffibly be made in the cafe was, that the antient right, which existed while the poffeffion was distinct, was merely fufpended, and might revive again.

It was admitted, that the word appurtenances would carry an easement or legal right, but its operation must be confined to an old exifting right; and if the right

of

of way had paffed in this inftance, it must have paffed ás a new easement; but the right of way being extinct, the word appurtenances had nothing to operate upon.

28. Though a right of way be extinguished, yet, if it is used for thirty years after, this is fufficient to afford a prefumption of a new grant, or licence, from the owner of the land.

Keymer v.
Bull, N. P.

Summers,

74

t

K 2

TITLE

TITLE XXV.

OFFICE S.

1. Nature of an Office.
6. How created.

8. Offices incident to others.
11. How granted.

16. Bishops, &c. may grant
Offices.

21. What Eftate may be had in
Offices.

35. Reverfionary Grants.
40. What Offices may be intailed.
43. What Offices are fubject to
Dower and Curtefy.

46. Some Offices may be held by
two Perfons.

51. What Offices may be affigned.

$54. Who may hold Offices.
61. How to be exercised.
71. Qualifications required for
Offices.

77. Of the Offence of buying
Offices.

89. What Bargains not within
the Statute.

91. Where Equity relieves.
94. How Offices may be loft.
95. Forfeiture.

105. Acceptance of an incompa-
tible Office.

108. Deftruction of the Principal.

Nature of an
Office.

ΑΝ

Section 1.

N office is a right to exercise a public or private employment, and to take the fees and emoluments belonging to it: and all offices relating to land or exercisable within a particular district, are incorporeal hereditaments of a real nature, and are therefore claffed under the general head of real property.

§ 2. Offices are either public or private, the first are those which concern the general administration of jus tice, or the collection of the public revenue. Such as the judges of the king's courts at Westminster, fheriffs, coroners, gaolers, &c. commiffioners of the cuftoms and excife, &c. The fecond are those which only

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concern particular districts belonging to private individuals, fuch as stewards and bailiffs of manors.

§ 3. Offices are alfo either judicial or ministerial; the first relating to the administration of justice, and which must be exercised by perfons of fufficient skill and experience in the duties of fuch offices.

The fecond are those where little more than attention and fidelity are required to the due discharge of them.

§ 4. Upon the establishment of the feudal law our kings frequently granted lands to their subjects reserving fome honorary fervices, to be done by the grantees and their heirs, to the king himself; such as to carry his banner, or his fword, or to be his fewer, carver, or butler at his coronation.

This was called tenure by grand ferjeanty, and the right of performing these services was confidered as an office of great honour; many of which still exist, and are claimed to be exercised at every coronation.

§ 5. There are nine great offices of the crown, the perfons exercifing them, who are ufually called the great officers of state, have the titles of lord high fteward, lord chancellor or keeper of the great feal, lord high treasurer, lord prefident of the council, lord privy feal, lord great chamberlain, lord high constable, earl marshall, and lord high admiral.

Lit. f. 153.
1 Inft. 105 b.
107 b.

§ 6. All public offices muft originally have been How created. created by the fovereign as the fountain of government.

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4 Inft. 75.

2 Inft. 533.

Offices inci

There are however a great number of offices, which having existed for time out of mind, are therefore said to be derived from immemorial usage: and Lord Coke fays it is a rule in law, that antient offices must be granted in fuch form and manner, as they have used to be, unless the alteration be by authority of parlia

ment.

a

§ 7. Lord Coke alfo fays that in confequence of the ftatute 34 Edw. 1. De Tallagio non imponendo. The king cannot erect any new office, with new fees, for that is a talliage put upon the fubject, which cannot be done without the affent of parliament. And this appeared by a petition in parliament 13 Hen. 4. in which the commons complained that an office was erected for meafurage of clothes and canvas, with new fee for the fame, by colour of the king's letters patent, and prayed that those letters patent might be revoked; for that the king could erect no offices with new fees, to be taken of the people who may not be fo charged but by parliament. And he obferves that these letters patent were declared void in the court of king's bench and in parliament.

§ 8. There are a great variety of offices incident to dent to others. other offices of a fuperior kind, and grantable by those who hold the fuperior offices. Thus the lord chancellor or keeper of the great feal and chief justice of the king's courts at Westminster, have a right of granting feveral offices in their respective courts. And Lord Coke obferves that the juftices of the king's courts did ever appoint their clerks to inroll all pleas, pleaded

Inft. 425.

before

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