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reason_n office_n park_n parker_n 60 3 16.5145 5 false
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A86253 The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent. Herne, John, fl. 1660. 1655 (1655) Wing H1570; Thomason E1597_2 165,473 258

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said to be a rent may in any wise be reserved to a stranger which is not privie to the Lease or Deed. Also nothing which goeth in privity as conditions entries or re-entries for conditions or such like which are given by the law to privies onely may not be limited or granted to others which are strangers by the common Law and therefore if a Lease bee made for yeares rendant rent and upon condition of non payment that it shall remaine to a stranger and livery and seisin is made accordingly that is a void a remainder which commenceth upon a repugnancy precedent and which dependeth upon a condition which goeth in destruction of the perticular estate and especially where such a remainder is created by lease or grant Vpon and by the limitation of a devise or limitation of an use a remainder may commence upon a condition that goeth to the destruction of the perticular estate But by limitation of a devise or limitation of use such a remainder is good as a Feoffement made to the use of I. S. for yeares and upon non payment by him of such a summe that it shall remaine to I. D. for life c. this is a good remainder so it is where the remainder is created by the limitation of a last Will. As if a man devise his land to his wife for her life upon condition that if she marry that the Land shall remaine to F. M. in taile that is a good remainder for the construction of this devise is to make the same condition to be a limitation and not any condition And upon a limitation or determination of a perticular estate which is certaine or not uncertaine a remainder clearely may well depend As if a Lease be made for life upon condition that if the Lessee die it shall remaine to a stranger that is a good remainder A remain● by a limitation of an use may commence or depend upon any condition and one feesimple may depend upon another by way of use Where one hath an Office of charge as to be Steward Officers Stewards Bayliffs c. Bayliffe Parker c. the grantor may out them and pay their Fee if the Fee bee only certaine but not where they have profits of Court 34 H. 8. titulo 243 Kitchin fo 143 a. Stewardship Parker It was agreed that the Owner of Parke may dispark the Park notwithstanding a grant of the said Office the Office of Steward was granted to one for life with a Fee of forty shillings for the execution thereof if the Lord discharge him yet hee shall have the Fee But if the grant be to him to be taken out of the issues and profits of the Court the Lord may not discharge him 1 S. E. 4. 8. And if a Parker for life which hath a Fee for the exercising of the Office is discharged of his Office yet he shall have the Fee for it is but an Office of charge but if the Parker hath the Office for life and hath Windfalls Deer-skins and such like he may not be expulsed from his Office and of such Office hee may have an Affize Brook 134. 38 H. 8. whereby I conceive that where the Steward hath a cetaine Fee for execution of his Office yet if he hath other profit incident to his Office as Fees for entries of Plaints making of grants by Copie taking of surrenders and admittances of Copy tenants and such like the Lord cannot remove the Steward Officers that have no other profits but a Collaterall certaine fee there the grantor may discharge him As to be a Bayliffe Receivor Surveior Auditor or the like the exercise whereof is but labour and charge to him but hee must have his Fee for the maine rule of the Law is that no man can frustrate or derogate from his owne grant to the prejuice of the Grantee And where albeit the Grantee hath no other profit but his Fee yet that fee is to be taken out of the profits appertaining to the Lord within his Office for there the grantor cannot discharge him of his service or attendance for that may turne to the prejudice of the grantee if the Grantor will not grant the Office at all but in all cases where the Officer relinquisheth his Office and refuseth to attend he loseth his Office Fee profits and all There are three causes of the forfeiture of an Office as the Office of a Steward Parker Wood-ward and such like viz. Abuser non-user and refuser vide Coke 8 pars the County of Rutlands Case fo 55. 9 pars County of Salops Case fo 49. for in all cases when an Officer upon request doth refuse to execute his Office that is a forfeiture as if the Steward of a Mannor upon the Lords request to hold a Court refuse to do it this is a forfeiture There is another diversity where the Grantee besides his certaine Fee hath profits and availes besides his Office there the Grantor cannot discharge him of his service or attendance as if a man doth grant to another the Office of the steward-ship of his Court or of his Mannors with a certaine fee the Grantor cannot discharge him of his Office service or attendance because he hath other profits and fees belonging to his Office Parker If a Parker kill any deere without warrant or cut any Trees Woods or Vnder-woods and convert them to his owne use it is a forfeitute of his Office Parker for life may not assigne his Office to another because it is an Office of trust but otherwise it is if hee bee Parker in Fee Plow fo 379. and so for a Steward as I conceive without words in the Patent to make a deputy There is a condition in Law annexed to every Office of trust as to the Office of Steward or Parker and such like viz. that the Parker shall keep well the game and shall do all things pertaining to the Office of Parker and so for steward c. A parker kept not his Parke such a day by reason whereof the Deere were killed by unknowne persons this is a forfeiture of his Office A Parker is not holden to keep his Parke in Festivall dayes for he ought to be at divine service nor in the night nor to keep the Parke with 6 or 8. men vide 2 H. 7. 8. that in Assize of Office it was said by the reporter and not denied that if the Office of Parker be granted if he doth not keep the Parke or if he destroy the Deer that is a forfeiture of his Office if a Forrester or Parker cut or fall Woods unlesse it be for necessary bruse for the Deere this is a forfeiture of their Offices for the destruction of vert is the destruction of venison If a man hath a lease for yeares Grants in toto and grants to another all his tearme that shall bee to come at the time of his death that grant is void because he would retaine the terme