Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/48

 36 taking another peron in his company. A way may be alo by precription; as if all the owners and occupiers of uch a farm have immemorially ued to cros another's ground: for this immemorial uage uppoes an original grant, whereby a right of way thus appurtenant to land may clearly be created. A right of way may alo arie by act and operation of law: for, if a man grants me a piece of ground in the middle of his field, he at the ame time tacitly and impliedly gives me a way to come at it; and I may cros his land for that purpoe without trepas. For when the law doth give any thing to one, it giveth impliedly whatoever is neceary for enjoying the ame. By the law of the twelve tables at Rome, where a man had the right of way over another's land, and the road was out of repair, he who had the right of way might go over any part of the land he pleaed: which was the etablihed rule in public as well as private ways. And the law of England, in both caes, eems to correpond with the Roman.

V., which are a right to exercie a public or private employment, and to the fees and emoluments thereunto belonging, are alo incorporeal hereditaments: whether public, as thoe of magitrates; or private, as of bailiffs, receivers, and the like. For a man may have an etate in them, either to him and his heirs, or for life, or for a term of years, or during pleaure only: fave only that offices of public trut cannot be granted for a term of years, epecially if they concern the adminitration of jutice, for then they might perhaps vet in executors or adminitrators. Neither can any judicial office be granted in reverion; becaue, though the grantee may be able to perform it at the time of the grant, yet before the office falls he may become unable and inufficient: but miniterial offices may be o granted ; for thoe may be executed by deputy. Alo, by tatute 5 and 6 Edw. VI. c. 16. no public office hall be old, under pain of diability to dipoe of or hold it. For the law preumes that he, who buys an Rh