Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/165

 Ch. 10. on breach of which condition it is lawful for the grantor, or his heirs, to out him, and grant it to another peron. For an office, either public or private, may be forfeited by mi-uer or non-uer; both of which are breaches of this implied condition. 1. By mi-uer, or abue; as if a judge takes a bribe, or a park-keeper kills deer without authority. 2. By non-uer, or neglect; which in public offices, that concern the adminitration of jutice, or the commonwealth, is of itelf a direct and immediate caue of forfeiture: but non-uer of a private office is no caue of forfeiture, unles ome pecial damage is proved to be occaioned thereby. For in the one cae delay mut necearily be occaioned in the affairs of the public, which require a contant attention; but, private offices not requiring o regular and unremitted a ervice, the temporary neglect of them is not necearily productive of michief; upon which account ome pecial los mut be proved, in order to vacate thee. Franchies alo, being regal privileges in the hands of a ubject, are held to be granted on the ame condition of making a proper ue of them; and therefore they may be lot and forfeited, like offices, either by abue or by neglect.

the ame principle proceed all the forfeitures which are given by law of life etates and others; for any acts done by the tenant himelf, that are incompatible with the etate which he holds. As if tenants for life or years enfeoff a tranger in fee-imple: this is, by the common law, a forfeiture of their everal etates; being a breach of the condition which the law annexes thereto, viz. that they hall not attempt to create a greater etate than they themelves are entitled to. So if any tenants for years, for life, or in fee, commit a felony; the king or other lord of the fee is entitled to have their tenements, becaue their etate is determined by the breach of the condition, "that they hall not commit felony," which the law tacitly annexes to every feodal donation. Rh