(Ante p. 85.) The simplicity of our property arrangements did not in other cases often demand the interposition of an act of Assembly. But since the abolition of estates-tail, in 1776 (V. C. 1873, c. 112, § 9), and the statute of 1819, taking effect 1st January, 1820, committing to the courts of chancery power to sell the lands of infants, lunatics, &c. (V. C. 1873, c. 124, § 1, 2 & seq), private acts have been very little used amongst us. And the Constitution of 1869, like that of 1850, discourages, if it does not inhibit, private legislation in all cases. "The General Assembly," says the Constitution, "shall confer on the courts the power to grant divorces, change the names of persons, and direct the sale of estates belonging to infants, and other persons under legal disabilities; but shall not, by special legislation, grant relief in such cases, or in any other case of which the courts or other tribunals may have jurisdiction." (Const. 1869, Art V, § 20. See Ante, p. 362.)

1. King's or Commonwealth's Grants.

King's or Commonwealth's grants are also matter of public record. For as the author of that very interesting book, Doctor and Student, says (Dial. I, c. 8, p. 31), the King's excellency is so high in the law (and nothing less can be said of the Commonwealth), that no freehold may be given to the King, nor derived from him, but by matter of record. And to this end a variety of offices are erected in regular subordination one to another, through which all the King's (or Commonwealth's) grants must pass, and be transcribed and enrolled; that the same may be narrowly inspected by the public officers appointed for the purpose, and wrong be thus prevented, whether to the rights of the subject, or the interests of the State. These grants are contained in charters or letters patent, that is, open or unsealed letters, literæ patentes; so called because they are not sealed up, but exposed to open view, with an impression taken from the great seal pendant at the bottom; and are usually directed or addressed, not to one or more designated individuals, but to all persons whomsoever who may be concerned. And therein they differ from certain other letters, sealed also, it may be, with the great seal, but directed to particular persons, and for particular purposes; which, therefore, not being proper for public inspection, are closed up and sealed on the outside, and are therefore called writs close, literæ clausæ, and are recorded in the close-rolls in England in the same manner as the others are in the patent rolls. (2 Bl. Com. 346; Bac. Abr. Perog. (F); 2 Lom. Dig. 500 & seq.) W. C.

1. The General Principles applicable to King's or Commonwealth's Grants; W. C.

11. No Freehold-estate in Lands or Tenements can pass to or from the Crown or Commonwealth save by Matter of Record..

See 2 Bl. Com. 346; 2 Lom. Dig. 500.

21. In Virginia, Commonwealth's Grants can be founded only on some general or special act of the Legislature.

The legislature with us, and not the executive, is charged with the power to dispose of whatever may be within the gift of the Commonwealth, whether of domain, of the public treasure, or of privilege or franchise. And hence, for every public grant (although the executive functionaries may be the intermediate agents for making it), there must be the authority of a general or special statute. (2 Lom. Dig. 501.) 31. The Construction of King's and Commonwealth's Grants; W. C.

1. King's and Commonwealth's Grants are construed most beneficially for the Crown or Commonwealth, unless they are founded on Valuable Consideration.

Words which are ambiguous are to be construed most strongly against him who uses them, in order that he may be kept under the strongest inducement to avoid ambiguities, and to express himself with clearness. Hence the generally prevailing maxim, verba chartarum fortius accipiuntur contra proferentem, deeds are to be construed most strongly against the grantor. (Broom's Max. 456.) But in the case of the Commonwealth or the Crown, supposing the grant to be gratuitous, the words. are in truth the words of the grantee, only echoed back by the sovereign. It is, therefore, no exception to the principle of the maxim, but, on the contrary, in pursuance of it, that all King's or Commonwealth's grants shall be construed, when without valuable consideration, most beneficially for the Crown or Commonwealth. If founded on valuable consideration, the words are supposed to be, and generally are in fact, the words of the sovereign grantor, and then the grant is construed, like the grants of individuals, most favorably to the grantee, for to hold otherwise would hardly consist with the honorable intention of the sovereign. (2 Th. Co. Lit. 607, n (A); Molyn's Case. 6 Co. 6 a; Case of Alton Woods, 1 Co. 41 a, n (R. 2).) 2. King's and Commonwealth's Grants include no Incidents.

A private person's grant includes many things besides what are expressed, if necessary for the opera

tion of the grant, and the enjoyment of the thing granted, agreeably to the maxim, cuicunque aliquis quid concedit, concedere videtur et id sine quo res ipsa esse non potuit. Thus, a grant of a piece of ground passes, as incident to the grant, a right of way to it over the grantor's land; and a grant of the profits of land includes free ingress, egress and regress to cut and carry away the profits. (Broom's Max. 362; 2 Bl. Com. 347.) But a King's or Commonwealth's grant incudes in general, when the grant is gratuitous, no incidents, nor enures to any other intent than that which is precisely expressed in the grant. (2 BI. Com. 347; 2 Th. Co. Lit. 607, n (A).)

This doctrine is believed to be founded on the same considerations as the foregoing (11), and to be limited, therefore, to gratuitous grants. So that, if there be a valuable consideration for the grant, necessary incidents are included, as in the case of private persons. Such a conclusion seems not only to result from the fact that in grants for valuable consideration the words are those of the sovereign himself, but it is rendered necessary for his own honor. (2 Lom. Dig. 501; Molyn's Case, 6 Co. 6 a.)

And as for the most part, with us, grants of the Commonwealth are founded on valuable consideration, it is believed that the doctrine in Virginia assimilates their construction to that of private grants, both as to the including of incidents, and the interpreting of them most favorably to the grantee. (2 Lom. Dig. 501.) 3m. In case of False Suggestion, Mistake or Illegality, King's and Commonwealth's Grants are Void.

When the false suggestion, mistake or illegality appears on the face of the grant, it is absolutely void, and may be declared so to be in whatever court it is adduced as an evidence of title. So, it seems that it may be impeached in a court of law, for any matter which makes it absolutely void; as where the State has no title to the thing granted, where the officer had no authority to issue the grant, or where the grantee was dead at the time of issuing it.

But for causes anterior to its being issued, which render it voidable merely, and which are not apparent on its face, it appears to be impeachable only by scire facias or bill in equity. (Hambleton v. Wells, 4 Call. 213; White v. Jones, 4 Call. 253; Alexander v. Greenup, 1 Munf. 134; Witherinton v. McDonald, 1 H. & M., 306; Norvell v. Camm. 6 Munf. 238; War

wick & ux v. Norvell, 1 Rob. 308; Whittington v. Christian, 2 Rand. 353; Polk's Lessee v. Wendal, 9 Cr. 87; S. C. 5 Wheat. 293; Patterson v. Winn, 11 Wheat. 380; Blankenpickler v. Anderson, 16 Grat. 62.) 2. The Manner of Proceeding to obtain King's and Commonwealth's Grants; W. C.

1. The Manner of Proceeding to obtain King's Grants in England.

The various steps may be seen from 2 Bl. Com. 347, and need here be stated only in a summary way.

W. C.

1. The Warrant from the Crown:

2. Bill prepared by the Attorney or Solicitor-General; 3m. Subscription (at the top) of the Royal Sign-manual; 4. Sealing with the Royal privy signet, kept in the custody of the principal Secretary of State;

5. Sealing with the great Seal, kept in the custody of the Lord Chancellor.

2'. The Manner of Proceeding to obtain Commonwealth's Grants in Virginia.

We have seen that Commonwealth's grants in Virginia, (and the same is true generally in the United States), are founded exclusively upon statutes, general or special. With us they relate in practice to nothing but lands, and for the most part, waste and unappro priated lands; although of course the legislature has power to grant anything belonging to the Commonwealth. (2 Lom. Dig. 502 & seq.)

W. C.

1". The steps to be taken in Virginia to obtain a Grant. for Waste and Unappropriated Lands.

The steps to be taken to obtain a grant for waste and unappropriated lands in Virginia, are as follows: (1), A warrant from the land office; (2), An entry or location by designated limits in the books of the county surveyor of the county where the waste lands are supposed to be; (3), Survey by county surveyor; and (4), Grant or letters-patent. (2 Lom. Dig. 502 & seq.; V. C. 1873, c. 93, § 1; Id. c. 108, § 4, 6, 2, 52-'3.)

W. C

1o. A Warrant from the Register of the Land Office.

The first step in the proceeding is to obtain a warrant from the Register of the land office, empowering the party to claim and appropriate the number of acres mentioned in the warrant of waste and unappropriated lands belonging to the Commonwealth, wherever he can find them. The warrant authorizes

him to survey only waste and unappropriated lands, and he undertakes himself to find lands of that description. The warrant is no appropriation, but only confers a power to appropriate, and the mode pointed out by the legislature is the sole mode which can give title to any particular lands. (2 Lom. Dig. 502-3; Wilson v. Mason, 1 Cr. 45; Taylor v. Brown, 5 Cr. 234.)

The warrant, until it is located by entry in the surveyor's book, on specified lands, is personal estate; after entry, the interest becomes real estate; and the warrant, entry, or survey, may either of them be assigned. (2 Lom. Dig. 503.)

In order to obtain a warrant, the procedure includes the steps following:

W. C.

1o. Paying to the State Treasurer $1 per acre for as much land as it is proposed to appropriate, and taking Receipt.

See V. C. 1873, c. 39, § 1.

2o. Delivering Treasurer's receipt to First Auditor, and getting his certificate thereof.

See V. C. 1873, c. 39, § 1.

3o. Delivering Auditor's Certificate to Register of Land Office, who thereupon issues the Land-Warrant.

See V. C. 1873, c. 39, § 1; Id. c. 108, § 4, &c. 2o. The Entry or Location of the Land, by designated limits in the Land-book of the County-Surveyor.

The statute directs that the holder of a land-warrant may lodge it with the surveyor of the county in which it is desired to locate it, making his location so special and precise that others may be able, with certainty, to locate their warrants on the adjacent lands. (V. C. 1873, c. 108, § 6, &c.)

The degree of certainty which must characterize the location is illustrated by very numerous cases, for which it must suffice to refer to 2 Lom. Dig. 504 to 507, and to Harper v. Baugh, 9 Grat. 508; McNeel v. Herold, 11 Grat. 309.

3. The Survey by the County Surveyor of the Land appropriated, and the Return of the Survey to the Register of the Land Office.

See V. C. 1873, c. 108, § 17, &c.; 2 Lom. Dig. 507, & seq.

4". The Grant of Letters-Patent for the Land.

The grant is, in form, a certificate from the Governor of the Commonwealth, that the Commonwealth has granted the land, by the description contained