The grant of the office of one of the auditors of the Court of Wards to two and the survivor of them is good. The stat. 32 H. 8. c. 46, makes the auditors one officer.
The words et alterius eorum diutius viventis in the grant are material ; for if an office be granted to two for their lives (withoutmore) by the death of one of them the grant will be void. But by these words the survivor remains one of the persons to whom another shall be added ; and, till another is added, the judicial voice of the survivor is suspended.
The nomination of auditors of the Court of Wards must be under the Great Seal.
This office is partly ministerial and partly judicial, and cannot be granted in reversion; for it is by Act of Parliament so entire, that the ministerial part cannot be divided from the judicial.
A grant of the King of this office in reversion, to begin after a former grant of the same office in reversion, and which grant is recited in the last made grant, is not good, – first, as being a grant in reversion ; and, secondly, because it recites a void grant as one that is good. Cit. acc 6 Price 135.
[1572] EngR 20, (1572-1616) 11 Co Rep 2, (1572) 77 ER 1147
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.431987 br>