on breach of which condition it is lawful for the grantor, or his heirs, to ouſt him, and grant it to another perſon[1]. For 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 miſ-uſer, or abuſe; as if a judge takes a bribe, or a park-keeper kills deer without authority. 2. By non-uſer, or neglect; 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[2]. 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, 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. Franchiſes alſo, being regal privileges in the hands of a ſubject, are held to be granted on the ſame condition of making a proper uſe of them; and therefore they may be loſt and forfeited, like offices, either by abuſe or by neglect[3].
Upon the ſame principle proceed all the forfeitures which are given by law of life eſtates and others; for any acts done by the tenant himſelf, that are incompatible with the eſtate which he holds. As if tenants for life or years enfeoff a ſtranger in fee-ſimple: this is, by the common law, a forfeiture of their ſeveral eſtates; being a breach of the condition which the law annexes thereto, viz. that they ſhall not attempt to create a greater eſtate than they themſelves are entitled to[4]. 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, becauſe their eſtate is determined by the breach of the condition, "that they ſhall not commit felony," which the law tacitly annexes to every feodal donation.
