Page:Prerogatives of the Crown.djvu/107

Ch.VII. Sec. I..] Prerogative as to Offices ^^c, 87 commission of acts amounting to a forfeiture, by an officer who holds for life or for years, does not aifect the person entitled to the inheritance in remainder or reversion [a). And if a person having an office of inheritance lease it for life, and the lessee commit a forfeiture, this shall not forfeit the inherit- ance {b). Where an office is granted to two, and one of them is attainted, the other shall not forfeit (c). The general rule is, that if an officer, who holds his office by patent, commit an act incurring a forfeiture, he cannot be turned out Avithout a scire facias^ nor can he be said to be com- pletely ousted or discharged, without a writ of discharge ; for his right appearing of record, the same must be defeated by matter of as high a nature {d), 2. A person may also lose an office merely by the acceptance of another office incompatible with that he already holds. Offices are incompatible, and cannot be holden together, when, from the nature or extent of the different duties and businesses attached to them, they cannot be properly and effectually exe- cuted by the same person ; or when they are subordinate to, or interfere with each other, which creates a legal presumption, that they will not be executed with impartiality and honesty [c). Thus, an admiral commanding on a station loses his right to officiate there, by accepting a command on another station to which he is appointed {/), A Judge of the Court of Com- mon Pleas loses his office by being appointed, and by becom- ing a Judge of the Court of King's Bench {g). A coroner ceases to be such by being a sheriff (7^). Numerous other instances, founded on the principle that a person cannot hold at the same time two offices, one of which is subordinate to, and under the controul of the other, are to be met with (2). The doctrine holds, though the new office accepted by the party is inferior to that which he held before (A"). And where the offices are incompatible, the office which the party first («) Ibid. 7 Rep. 34i b. Popbam, 580. 3 Mod, 335. 3 I^v. 288. 119. "Rac. Ah. Goal and Goaler, D. 2. {e) 4 fnst. 100. Bac. Ab. Offices, K» (/;) 2 Lev. 71. 3 Ibid. 288. (/) 1 Hen. Ijla. 268. (c) Plowd. 378 J 180. ty Bac. Ab. (i») Dyer, 159. Cro. Car. 12. 212. {h) ]Jao. Ab. Offices, K. (rf) See Dyer, 155, 98, 211. 9 Co. , (i) See Ibid. Cases cited, 2 T. R. 98. jCo. Lit. 233. Cro. Car. 60, 1. 85, &c. Sid. 81, 134. 8 Co. 44, b. Ko!. Ab. (Ji) See 2 T. R. 81. held