Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/395

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Ch. 23.
of Things.
379

purchaſed lands will paſs under ſuch deviſe[1], unleſs, ſubſequent to the purchaſe or contract[2], the deviſor re-publiſhes his will[3].

We have now conſidered the ſeveral ſpecies of common aſſurances, whereby a title to lands and tenements may be tranſferred and conveyed from one man to another. But, before we conclude this head, it may not be improper to take notice of a few general rules and maxims, which have been laid down by courts of juſtice, for the conſtruction and expoſition of them all. Theſe are

1. That the conſtruction be favourable, and as near the minds and apparent intents of the parties, as the rules of law will admit[4]. For the maxims of law are, that "verba intentioni debent inſervire;" and, "benigne interpretamur chartas propter ſimplicitatem laicorum." And therefore the conſtruction muſt alſo be reaſonable, and agreeable to common underſtanding[5].

2. That quoties in verbis nulla eſt ambiguitas, ibi nulla expoſitio contra verba fienda eſt[6]: but that, where the intention is clear, too minute a ſtreſs be not laid on the ſtrict and preciſe ſignification of words; nam qui haeret in litera, haeret in cortice. Therefore, by a grant of a remainder a reverſion may well paſs, and e converſo[7]. And another maxim of law is, that "mala grammatica non vitiat chartam;" neither falſe Engliſh nor bad Latin will deſtroy a deed[8]. Which perhaps a claſſical critic may think to be no unneceſſary caution.

3. That the conſtructon be made upon the entire deed, and not merely upon disjointed parts of it. "Nam ex antecedentibus

  1. Moor. 255. 11 Mod. 127.
  2. 1 Ch. Caſ. 39. 2 Ch. Caſ. 144.
  3. Salk. 238.
  4. And. 60.
  5. 1 Bulſtr. 175. Hob. 304.
  6. 2 Saund. 157.
  7. Hob. 27.
  8. 10 Rep. 133. Co. Litt. 223. 2 Show. 334.
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