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 86 Prerogative as to Offices, ^r. [Ch. VII. Sec. I. of his duty (a). But it seems, that misbehaviour, under an erroneous though conscientious impression, will not of itself create a forfeiture (6), if it do not evince, from being often re- peated, a general incapacity to execute the office (c). By non-user [d) must be understood, a general neglect of the proper officer to attend to his duty, at usual, proper, and con- venient times and places. A few instances of omitting to at- tend, when no particular business was expected, and without any particular circumstances, and where the non-attendancfe was conscientious, do not, it seems, amount to a forfeiture (e). It must appear, that the officer took no manner of care of his office {/), though perhaps one instance, or certainly two in- stances, of a wilful, voluntary, and determined neglect to attend on a particular occasion, would cause a forfeiture {g though no inconvenience ensue by such non-attendance (Ji), Lord Coke (0 takes this distinction, that when the office concerns the administration of public justice, non-user of itself, without any special damage, may occasion a forfeiture, aliter as to pri- vate offices. As to refusal^ that also forms a ground of removal, in cases where the officer refuses, on request, to exercise his office where he ought ; as if the steward of a manor refuse to hold a court when requested by the lord {k). The refusal must, how- ever, it should seem on principle, be of a wilful, voluntary, and culpable nature (/)• These conditions, in law, are as strong and binding as express conditions, and an office is lost for ever by the non- observance of them (in). If the tenant in tail of an office com- mit a forfeiture, this shall bind the issue (w), and the act of the deputy may create a forfeiture of the inheritance (o). But the {a) Pilkington's Case, 1 Keb. 597. Dy. 114, b. pi. 64. Rol. Ab. ^5. S. C. (6) See 4 Burr. 2003, 4; 1 lb. 540, 1. {g) Ld. Raym. 1237. Burr. 2005, 6. (c) See ante, 84. 1 Burr. 540, 1. ((/) 9 Co. 50, a. " {h) Ibid. (e) See 4 Burr. 2005. 1 Burr. 540, (i) Co. Lit. 253, a. 9 Co. 50. 5 1. - Bac. Ab. 210. (/) 1 Hawk. P. C. c. 66. s. 1. p. {h) 9 Co. 50, a. 167, 8. See Co. lit. 235, a. and the (0 See Burr. 2004. books refi^rred to by Hawkins : see (w) Co. Lit. 233, b. See 5 Bac. Ab. however Cro. Car. 491. A filazer of 211, title Offices, M. C B. being absent two years, and hav- (n) 7 Rep. 34, b. 5 Bac. Ab. 212, ing farmed out his office from year to tit. Offices, M. year without the license of the co*irt, (o) Bro. Ab. Deputy, pL 7. 5 Bac. was discharged by C. B. in open court. Ab. 209. 6
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