* 62. Domus sua cuique est tutissimum refugium. To every man his own house is the safest refuge—i.e., Every man’s house is his castle—“Nemo de domo sua extrahi potest.”
It has been decided, however, that the sheriff may lawfully break into the house of a defendant in the following cases:—where the house is recovered by any real action, or by ejectment in pursuance of the writ “habere facias possessionem,” also where the king is a party. The house of one man is a privilege or castle for himself only, and not for one who flies to him for protection. (Semayne’s Case, 1 Sm. L. C. 121. See Max. 162.)
63. Dona clandestina sunt semper suspiciosa. Clandestine gifts are always suspicious.
The gift in Twyne’s Case, 1 Sm. L. C. 11th ed. p. 1, was made in secret. (See Maxs. Nos. 31 and 61.)
64. Donatio non praesumitur. A gift is not presumed.
The law with reference to gifts is most stringent, and strict proof is usually required.
* 65. Donationes sint stricti juris, ne quis plus donasse praesumatur quam in donatione expressit. Gifts are to be construed strictly according to law, lest any one be presumed to have given more than he may actually have set forth in the gift or grant.
See Stat. De Donis Conditionalibus, 13 Ed. I. c. 1, which by its enactments laid the foundation of our present Estates Tail.
The word “heirs” was formerly necessary in order to create by deed an estate in fee simple, or in tail; if land were given to a man for ever, or to him and his assigns for ever, he would take only an estate for life. By the Conveyancing Act the use of the word “heirs” is no longer necessary, the words “in fee simple,” or “in fee tail,” being sufficient, as the case may be.
66. Duces tecum. You must bring with you.