19 June 1811

Abdication

Blackstone

2

{6}

32

breach of which condition it is lawful for the grantor or his heirs, to oust him and grant it to another person. (c)

“For” (continues he) an office, either public or private, may be forfeited by mis-user or non-user; both of which are breaches of this implied condition. 1. By misuser or abuse; as if a Judge takes a bribe, or a park-keeper kills deer without authority. 2. By non-user or […?]; which, in public offices, that concern the administration of justice or the commonwealth is of itself a direct and immediate cause of forfeiture: but non-user of a private office is no cause of forfeiture, unless some special damage is proved to be occasioned thereby. (d) For in the one case delay must necessarily be occasioned in the affairs of the public, which require a constant attention; but private offices not requiring so regular and unremitted a service (Quære how does he know them?) the temporary neglect of them is not necessarily productive of mischief; upon which account some special loss must be proved in order to vacate these.”

(c) Lett. §.379

(d) Co. Lett. 238.