18. By the 8th section it is enacted, that before the making of any grant or lease, a survey of the premises, where the same shall be capable of such survey, and an estimate of the improved annual value thereof, shall he had and made by a practical surveyor, under the direction of the Treasury; who shall certify, by his report in writing under his hand, what is the true and fair improved annual value of the estate so surveyed and valued, and the true and fair annual value of the buildings, and the true state and condition of such buildings, and for what term of years it shall be most beneficial to grant such buildings or ground: and such survey and valuation shall be verified by the oath of such surveyor. 19. By the 9th section it is provided, that where any tenements shall be of a known fixed and unimprovable value; or where, from the nature of such tenements, the annual value thereof cannot be ascer tained by means of a survey; or where the value of such tenements is small; a lease thereof may be renewed without a survey thereof. 20. By the statute 39 & 40 Geo. III. c. 86., for the better preservation of timber in the New Forest, and for ascertaining the boundaries of the said forest, and of the lands of the Crown within the same, it is enacted by the 7th section, that if the commissioners shall find any land belonging to the Crown, which has been for 15 years inclosed and enjoyed without interruption, and which has been improved, they may grant a lease thereof for such term of years as shall appear to the commissioners a reasonable compensation for the expence of improvement. 21. By the 28th section it is enacted, that the commissioners may treat for the sale of small parcels of land, belonging to or claimed by the Crown, which are intermixed with the land of individuals, and are not valuable for the purpose of the forest; but such lands to be sold shall not exceed in any instance the value of 5007. perty. 22. By the statute 39 & 40 Geo. III. c. 88. it is of the King's enacted, "That none of the provisions and restric- Private Protions contained in the acts of 1 Anne and 34 Geo. III. shall extend to any manors, messuages, lands, tenements, or other hereditaments, of whatsoever tenure the same may be, which had at any time theretofore been purchased by his Majesty, or should at any time thereafter be purchased by his Majesty, his heirs or successors, out of any monies issued and applied for the use of his or their privy purse; or with any other monies not appropriated to any public service; or to any manors, messuages, lands, tenements, or other hereditaments, of whatsoever tenure the same may be, which came to his Majesty, or may come to him, his heirs or successors, by the gift or devise of, or by descent or otherwise from, any of his, her, or their ancestors, or any other person or persons not being Kings or Queens of the realm; and that the same should operate to all intents and purposes as from the birth of his Majesty." 23. By the 4th section it is enacted, that it shall be lawful for the King, his heirs and successors, from time to time, by any instrument under his and their royal sign manual, attested by two or more witnesses, at his and their free will and pleasure, to grant, sell, or give, all and every or any of the manors, messuages, lands, tenements, and hereditaments so purchased, or to be purchased, or which had or should come to his Majesty, his heirs or successors, as aforesaid, whether of freehold, or copyhold, or customary, or leasehold tenure, and whether conveyed or assured Of Lands acquired by Escheat or Forfeiture. to, or otherwise vested in his Majesty, his heirs or successors, as aforesaid, to any person or persons, for any estate or estates, or for any intents or purposes, as any of his Majesty's subjects might grant, sell, or give the like manors, &c.; and all persons seised of any manors, &c., or any estate therein, in trust for his Majesty, his heirs or successors, shall convey, surrender, assign, or otherwise assure the same, in such manner as his Majesty, his heirs or successors, under his or their royal sign manual, to be attested as aforesaid, shall direct. 24. By the statute 47 Geo. III. c. 24., reciting the preceding statute, and that doubts existed, whether the powers therein given extended to lands which had or might come to his Majesty, his heirs or successors, in right of his duchy of Lancaster, or by reason that the same had been purchased by or for the use of or in trust for any alien or aliens; and whether the same extended to enable his Majesty to grant any rents, or arrears of rent, accrued in respect of any manors, &c. before any grant thereof under the said act, it is enacted, "That in all cases in which his Majesty, his heirs or successors, hath or shall, in right of his Crown, or of his duchy of Lancaster, become entitled to any freehold or copyhold manors, &c., either by escheat for want of heirs, or by reason of any forfeiture, or by reason that the same had been purchased by or for the use of, or in trust for any alien or aliens, it shall be lawful for his Majesty, his heirs and successors, by warrant under his or their sign manual, or under the seal of the duchy of Lancaster, according to the nature of the title to such manors, &c., to direct the execution of any trusts or purposes to which the same may have been directed to be applied; and to make grants of such manors, &c., or of any rents or profits then due and in arrear to his Majesty, in respect thereof respectively, to any trustee or trustees, or otherwise for the execution of any such trusts or purposes; or to any person or persons, for the purpose of restoring the same to any of the family of the person or persons whose estates the same had been; or of carrying into effect any intended grant, conveyance, or devise of any such person or persons, in relation thereto; or of rewarding any person or persons making discovery of any such, escheat, or of his Majesty's right and title thereto, as to his Majesty, his heirs or successors respectively, shall seem fit.” Grants are construed. 25. The King's grants are construed in a very How King's different manner from conveyances made between private persons; for, being matter of record, they ought to contain the utmost truth and certainty. And as they chiefly proceed from the bounty of the Crown, they have at all times been construed most favourably for the King, and against the grantee, Plowd. 243. contrary to the manner in which all other assurances are construed. 26. Thus, if the King grants lands, or a rent issuing out of them, to A. B., without. any limitation of estate, the grantee will only take an estate at will, on account of the uncertainty; whereas, in the case of a grant by a subject, an estate for life would have Tit. 32. c. 19. passed. $ 14. 27. King Henry VIII. granted lands to Lord 1 Rep. 43 b. Lovel, to have and to hold to him and to his heirs male; and it was adjudged void: for the King could not grant such estate of inheritance in fee simple, to make the males to be inheritable, and exclude the $21. females. But in the case of a private person, such a Tit. 32. c. 21. grant would have passed an estate in fee simple. E VOL. V. Case of Plowd. 336. 28. The King's grant shall not be taken to a double intent. Thus, if the King grants lands, and the 1 Rep. 466. mines therein contained, it will only pass common mines, and not mines of gold or silver; for the common intent of the grant is satisfied by the passing of mines of coal, lead, &c. 52 a. What passes by General Words. 29. By the statute Prerogativa Regis, 17 Edw. II. c. 15. it is declared, that when the King gives or grants lands or manors, with the appurtenances, un10 Rep. 64 a. less he makes express mention in the deed of knights' fees, advowsons of churches, and dowers, when they fall, then the King reserves to himself such fees, &c. ; although among other persons it had been observed otherwise. Idem. Whistler's Case, 30. It has been held, that this act is restrained to the three cases of advowsons, knights' fees, and dower; for a court-leet will pass without express words. So of a forest appendant to a manor; and the words of the act being quando dominus rex dat vel concedit, in cases of restitution, advowsons, &c. will pass without any express mention of them. 31. When the grant of the King in general terms refers to a certainty, it is the same as if the certainty had been expressed in the grant, though such certainty be not of record, but lie in averment by matter in pais, or in fact. 32. Queen Elizabeth, being seised in fee jure 10 Rep. 63. coronæ of the manor of Whitchurch, to which an advowson was appendant, granted the manor, with the appurtenances, for 21 years, excepting the advowson; and afterwards, reciting the said demise and exception, she made another grant to the same grantee, for another term of years, with the like exception. King James I., in consideration of services, ex certa scientia, &c., granted the manor, cum |