20. Assurances by :nattier of record, are conveyances of lands and hereditaments, witnessed and substantiated by some court of record ; these arc, 1. Private acts of Parlia ment 2 The king's grants. 3. Fines. 4. Common reco veries 21. Private acts of Parliament, are calculated to give such reasonable powers to a person in possession of an estate, as he may be barred of by the stipulations under which it is limited ; as granting leases, settling a join ture. &r.
22 The king's grants are also matters of record ; these arc contained in charters or letters patent directed to all his subjcats. In grants by a private person, implications run strongly against the grantor ; but it is the reverse where the interest of the crown is concerned.
23. A Fine, is an amicable composition ancLagrcement of an actual or fictitious suit, whereby the estate in question is acknowledged to be the right of one of the parties. A fine bars the right of all strangers, unless they make claim within five years after proclamations made ; except they be fume coverts, infants, prisoners, persons beyond seas, and persons of non-sane memory ; who have five years further allowed them and their heirs to put in claims after their le gal incapacities are removed.
24. 4 common recovery is an actual or fictitious suit, or action, (carried on to judgment,) for land, brought against the tenant of the freehold ; who thereupon vouches another, who undertakes to warrant the tenant's title ; but upon such vouchee's making default, the land is recovered by judg ment at law against the tenant ; who in return obtains judgment against the vouchee to recover lands of equal value in recompence. A recovery is an absolute bar, no: only of all estates tail, but of remainder and reversions, ex pectant on the determination of such estates.
25. Assurances by special custom, are where copy-hold lands held in ancient demesne pass from one owner to an other. This is effected, 1. By surrender, which is the yield ing up of the estate into the hands of the lord to be regrant ed according to the custom of the manor, upon the condi tions expressed in the surrender. 2. Presentment, which is made by the homage of such surrender ; and usually made at the next court baron held, or by custom at any other sub sequent court. 3. Admittances, which are of three kinds, 1. Upon the voluntary grant of the lord, when lands have
escheated or reverted to him. 2. Admittances upon the surrender of another ; and then the lord is esteemed mere ly as a conduit through which the land passes to the sur renderee. 3. Admittances upon descent ; when the lord takes notice of the heir as his tenant, instantly upon the death of his ancestors.
26. A devise is the disposition of a person's property to take effect after death. The deed containing this intention is called the testator's will ; which, to pass real estates, must be in writing, and signed by the testator, or some other person in his presence, by his express direction, and sub scribed in his presence by three or four credible witnesses. lithe will is only to pass copy-holds, or terms of years, and other personalities, signing only will be sufficient, without the form of witnesses.
27. The execution of a will in a court of law, is proved by calling one of the subscribing witnesses, who proves, that the testator executed his will by signing and sealing in his presence, and in the presence of the two subscribing wit nesses ; but where a bill is filed to establish a will, all the subscribing witnesses living must be examined, unless are abroad, and then their hands writing must be proved, as if they were dead.
28. By the statute of wills, no person under the age of twenty-one years can devise any manors, lands, tenements, or other hereditaments ; hut a male infant above fourteen years old, and a female infant above twelve years, are ca pable of bequeathing personal property.
29. And here it may be remarked, that all things, whe ther real or personal, hereditable or moveable, of which a man has the absolute property, he may by the law of Eng land devise by will. di nuncupative or verbal will, extends only to personal property. But a codicil. which is a sup plement to -a will, and may be either written or verbal un der the same restrictions as regards wills, is a form un der which, if written and duly executed, real estates may pass.
30. The construction put upon wills shall be as favour able. and as near the intention of the testator as the rules of law will admit ; and where the intention is clear, too mi nute a stress shall not be laid on the strict and precise sig nification of words.