taking another perſon in his company[1]. A way may be alſo by preſcription; as if all the owners and occupiers of ſuch a farm have immemorially uſed to croſs another's ground: for this immemorial uſage ſuppoſes an original grant, whereby a right of way thus appurtenant to land may clearly be created. A right of way may alſo ariſe 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 ſame time tacitly and impliedly gives me a way to come at it; and I may croſs his land for that purpoſe without treſpaſs[2]. For when the law doth give any thing to one, it giveth impliedly whatſoever is neceſſary for enjoying the ſame[3]. 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 pleaſed: which was the eſtabliſhed rule in public as well as private ways. And the law of England, in both caſes, ſeems to correſpond with the Roman[4].
V. Offices, which are a right to exerciſe a public or private employment, and to the fees and emoluments thereunto belonging, are alſo incorporeal hereditaments: whether public, as thoſe of magiſtrates; or private, as of bailiffs, receivers, and the like. For a man may have an eſtate in them, either to him and his heirs, or for life, or for a term of years, or during pleaſure only: fave only that offices of public truſt cannot be granted for a term of years, eſpecially if they concern the adminiſtration of juſtice, for then they might perhaps veſt in executors or adminiſtrators[5]. Neither can any judicial office be granted in reverſion; becauſe, 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 inſufficient: but miniſterial offices may be ſo granted[6]; for thoſe may be executed by deputy. Alſo, by ſtatute 5 and 6 Edw. VI. c. 16. no public office ſhall be ſold, under pain of diſability to diſpoſe of or hold it. For the law preſumes that he, who buys an
