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2. Ca. 37
Thus, upon a descent to two daughters, where fand, 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 specialty to have the way antiently used, was fufficient to revive it.
There is a case similar to this in Brooke'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 case.
Whaley . S 27. Thomas Adderley being seised at the same time 1 Bor. & Pul. of two closes, over one of which a right of way had 371. been immemorially used to the other, devised the close
to which the right of way had been attached, with its appurtenances, to A. B., and devised the other close to another person. A. B. claimed the right of way; and the court held, that from the moment when the poffefsion of the two closes was united in one person, all subordinate rights and easements were extinguifhed. The only point, therefore, that could pofsibly be made in the case was, that the antient right, which existed while the possession was distinct, was merely suspended, 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 existing right; and if the right
way had passed in this instance, it must have passed as 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, Keymer v. if it is used for thirty years after, this is sufficient to Bull, N. P. afford a presumption of a new grant, or licence, from 74. the owner of the land.
$ 1. Nature of an Office.
6. How created.
Dower and Curtesy.
$ 54. Who may hold Offices.
61. How to be exercised.
Offices. 89. Wbat 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. Destruction of the Principal.
Nature of an
N office is a right to exercise a public or private
employment, and to take the fees and emolu. ments belonging to it: and all offices relating to land or exercisable within a particular distrie, are incorporeal hereditaments of a real nature, and are there. fore classed 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, sheriffs, coroners, gaolers, &c. commissioners of the customs and excise, &C. The second are those which only
concern particular districts belonging to private individuals, such as stewards and bailiffs of manors.
S 3. Offices are also either judicial or ministerial ; the first relating to the administration of justice, and which must be exercised by persons of sufficient skill and experience in the duties of such offices.
The second are those where little more than attention and fidelity are required to the due discharge of them.
S 4. Upon the establishment of the feudal law our kings frequently granted lands to their subjects reserving some honorary services, to be done by the grantees and their heirs, to the king himself; such as to carry Lit. f. 153. his banner, or his sword, or to be his sewer, carver,
1 Inst. 105 b. or butler at his coronation.
This was called tenure by grand serjeanty, and the right of performing these services was considered as an office of great honour; many of which still exist, and are claimed to be exercised at every coronation.
S 5. There are nine great offices of the crown, the persons exercising them, who are usually called the great officers of state, have the titles of lord high steward, lord chancellor or keeper of the great seal, lord high treasurer, lord president of the council, lord privy seal, lord great chamberlain, lord high constable, earl marshall, and lord high admiral.
86. All public offices must originally have been How created. created by the sovereign as the fountain of government. K 3
4 Inst. 75.
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 says it is a rule in law, that antient offices must be granted in such form and manner, as they have used to be, unless the alteration be by authority of parlia. ment.
2 Inst. 533
S 7. Lord Coke also says that in consequence of the
Edw. 1. De Tallagio non imponendo. The king cannot erect any new office, with new fees, for that is a talliage put upon the subject, which cannot be done without the assent of parliament. And thiş appeared by a petition in parliament 13 Hen. 4. in which the commons complained that an office was erected for measurage of clothes and canyas, with a new fee for the same, 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 observes that these letters patent were declared void in the court of king's bench and in parliament.
Offices inci- S 8. There are a great variety of offices incident to dent to others. other offices of a superior kind, and grantable by those
who hold the superior offices. Thus the lord chan. cellor or keeper of the great seal and chief justice of the king's courts at Westminster, have a right of grant
ing several offices in their respective courts. And Lord 2
Coke observes that the justices of the king's courts did ever appoint their clerks to inroll all pleas, pleaded