dered ineffectual by neglect of the party to take the various oaths before alluded to[1].
In creating a new office apt words must be used ; therefore in this case the words erigimus, constituimus, or other expresions of a similar import are necessary ; and the word concessimus, &c. will not suffice[2].
Offices may be lost ; among other means, 1 . By misconduct therein: 2. By acceptance of another office incompatible with that the person holds : 3. By the determination of the thing to which the office was annexed[3].
We have already extracted from the various rules relating to offices, this important principle, that as they are constituted for the public weal it is expedient that they should be properly executed[4]. On this principle a condition is tacitly and peremptorily engrafted by law on the grant of all offices, that they be executed by the grantee faithfully, properly, and diligently : on breach of which condition the office is forfeited or liable to be seized[5]. This principle has ever been admitted : the difficulty has arisen in the application of it. The most methodical and perspicuous mode of stating the cases on this part of the subject, will perhaps be adopted, by considering successively the three causes of forfeiture or seizure of offices, mentioned by Lord Coke, namely, 1st, abuses; 2dly, non-user;- 3rdly, refusal[6].
Abusing or misusing an office is, where the person filling it
is guilty of any act contrary to his duty ; as if a gaoler is guilty
of a voluntary escape[7]. or is repeatedly guilty of a negligent
one[8]. So, if an officer sell his office illegally
[9], or if a
forester or park-keeper cut down wood, kill deer without authority, or pull down any lodge or house within the park, they respectively forfeit their offices[10]. And an officer in the courts
of justice has been discharged for spoiling records, in violation
- ↑ See ante, ch. 2. s. 2.
- ↑ Bac. Ab. Offices, B. Rol. 152.
- ↑ 3 Cruis.l65.
- ↑ Ante, 83.
- ↑ Year Book, 11 Ed. 4. 1, b. 2 Rol. Ab. 155. Co. Lit. sect. 378. 233. a.
- ↑ 9 Co. Rep. 50, a.
- ↑ Dyer, 151, b. 2 Rol. Ab. 155. 2 Bulstr. 68. 2 Inst. 43. Bac. Ab. Goal and Goaler, D. 2.
- ↑ Year Book, 39 Hen. 6. 33. 2 Rol. Ab. 155. N. pi. 2, 3. 2 Veru. 173. Bac. Ab. Offices, M. Burr. 2007.
- ↑ Stat. 5 and 6 F.d. 6. c. 16. Co. Lit. 234, a. As to sale of offices, see Bac. Ab. Offices, F.
- ↑ 9 Co. Rep. 50, a. (A) 9 Co. R. 50, a. Cro. Kl. 285. Co. Lit. 253, b.
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