Covenant.

Some of them alfo are in the Affirmative, that is, confift of Doing; and fome in the Negative, that is, they do confift of not Doing. Some of them alfo are Collateral, that is, when the Act to be done is a collateral Act to the Eftate, as to pay 10 l. or the like; and fome of them are Inherent, that is, annexed to the Rent or Eftate.

Some of them are alfo Reftrictive, as that the Leffee fhall not alien, or not commit Wafte: And fome of them are Compulfory, as that the Leflee fhall pay the Leffor a Sum of Money, or lofe his Eftate.

Some of them are Single, to do one Thing only; and fome of them are Copulative, to do divers Things.

Some Conditions make the Eftate whereunto they are annexed void, without Entry or Claim: Others make them voidable only by Entry or Claim.

Some Conditions tend to destroy Estates, and fome to make or inlarge them; and fome neither to make nor deftroy, but to clog Estates: As a Leafe made rendring Rent, on Condition that if the Rent be not paid, the Leffor fhall enter and keep the Land until the Rent be paid. And Conditions of all these Sorts may be good in a Deed. But when a Condition is created in a Deed, the Law will judge it favourably for the Party that is to perform the fame.

A Covenant in a Deed is the Agreement or Confent of two or more expreffed therein, whereby either or one of the Parties doth promife to the other, that fomething is done already, or shall be done in futuro.

Covenants

Covenants are fome of them Real, which is, where a Man doth bind himself to pafs a real et Thing, as Lands or Tenements, or to levy a Fine of Land, &c. or when it doth run in Reality fo with the Land, that he that hath the one hath the other, or he that hath the one muft do the other: Or it is Perfonal, that is, when it doth run in the Perfonality, and not. with the Land, but fome Perfon in particular is to be charged with, or have Benefit by it, as when one doth Covenant to build or repair a Houfe.

Covenants alfo are faid to be either inherent, that is, 'fuch as are converfant about the Land, as that the Thing demifed be quietly enjoyed, repaired, or the like: Or Collateral, that is, about fome Collateral Thing which does not concern the Thing granted, as to pay Money, &c.

A Warranty in a Deed is a Claufe or Cove- Warranty, nant made in it by the one Party to the other, whereby the Party, Feoffor, Donor or Leffor, doth for him and his Heirs grant to Warrant, and fecure Land, granted to the Feoffee, Donee or Leffee and his Heirs, during the Estate granted.

Obfervations relating to Deeds in general,
and their Expofition.

IT is neceffary in the well making of a Deed Things to be

that the following Rules be obferved, viz. done to perThat it be written on Parchment or Paper legi- Deed. fet a good bly and formally; that the Perfons that make the Deed be capable to make fuch a

B 3

Deed

Writing.

Deed abfolutely, and not difabled by Law; that the Perfons to whom the Deed is made be capable, and not difabled by Law to take the Thing given by the Deed; that the Thing granted, as alfo the Names of the Grantor and Grantee, be fet down by fufficient Names, and well expreffed in the Deed.

If the Man that is to feal it be one that cannot read himself, that it be read, or the Contents thereof truly declared to him before fealing; that the Deed be then fealed by him that makes it, or fome other lawfully authorized by him; that it be delivered by the Party as his Act and Deed, or by fome other, by Authority from him in his Name.

That the Foundation of the Deed be good and honest, and not to perfect any unlawful Contract made by Force or Fraud; and in fome Cafes, to make a Deed good, and an Eftate pafs by it, fome other Ceremonies are to be used, as Inrollment, Livery of Seifin, &c, and in moft Cafes the Agreement and Acceptance of him to whom the Deed is made, is neceffary: Of all which I fhall fay fomething in their proper Order.

And firft, of the Writing of a Deed, which must be done upon Parchment or Paper, as has been before taken Notice of: It must be all written before it be fealed and delivered; for to infert any Thing in a Deed after it is fealed and delivered, makes it void,

It may be written in any Hand, and in any Language. The writing crooked or befides the Lines will not prejudice the Deed, nor any Razure or Interlining made before the Delivery: But fuch Razure or Interlination, if it be in a material Place, ought to be taken Notice of by

fome

Law

fome Indorsement; nor will falfe Latin or Eng-
lih hurt a Deed, if the Sense of the Parties
can be clearly difcern'd by the Words. And it
there be Abbreviations, the Conftruction will
not vacate its Force, as if one grant tot' ill
Maner' de, &c. If it be but one Mannor the
Words fhall be taken for totum illud Manerium
and if two Mannors, then they fhall be taken
for tota illa Maneria.

The Matter written muft, for the Subftance thereof, be legal and orderly, and it is not material, whether it be in the firft or third Perfon, fo as the Words be aptly applied: Nor is it neceffary that every Deed have all the Parts Deed good of a Deed before named, as the Premiffes, Ha- without bendum, &c. for a Deed may be good without any Habendum; fo a Deed may be alfo good when the Parts of it are placed otherwise than as is before fet down.

It may be good without a Conclufion; fo it may be good without a Date, or if it have a falfe or impoffible Date; in which Cafe the Time of Delivery will be the Time of Com. mencement. And if there be no mention. made of the Sealing and Delivery, yet if in Truth it be fealed and delivered, and the Sealing and Delivery can be proved, it is good enough.

Habend' or

Date,

As to the Parties that make the Deed, they Parties,
muft be of Ability, that is, Perfons natural
Male or Female by Birth, as Native Subjects,
Aliens naturalized, Corporations Sole, or Ag-
gregate of many not forbid
many not forbid by Law, may, by
common Confent, give or grant by Deed.

And Baftards, fuch as are Deaf, Dumb or
Blind, that have Understanding, and found
Memory, although they cannot exprefs their

B 4

Inten

Thing granted.

Intentions otherwife than by Signs; Drunken Perfons, Excommunicate, Outlawed Perfons, may make any Deed, as other Men may do ; Joint-Tenants, Tenants in Common, or Parceners, may grant away their Parts to Strangers. But Perfons attainted of Treafon, or Felony, or on a Premunire; Ideots, Madmen, Men Deaf, Blind and Dumb from their Nativity; Women Covert without their Husbands, Infants, &c. cannot make good Deeds of Gift, or Grant, or any Kind of Deed, except in fome few Special Cafes.

Generally he that is difabled to give or grant by a Deed, is difabled to take by a Deed; but in fome Special Cafes, Perfons Attaint, Aliens, Infants, Women Covert, Ideots, and fuch like, though they cannot make a Gift, or Grant, yet may they have, or take by a Deed of Gift, or Grant, but then fome of those Deeds by themselves, and fome by others, may be avoided. The Perfon to whom a Deed is made, must be in being at the Time of the Deed made.

The Thing to be given or granted by the Deed must be not only grantable in its own Nature, but grantable by him that doth grant

it.

All corporeal and immovable Things, fuch as Houfes, Lands, Woods, and the like, are grantable in Fee, in Tail, for Life, or Years.

Alfo incorporeal Things, as Rents, Services, Advowfons, Prefentations, Reverfions, Remainders, Offices, Licences, Franchifes, Commons, are grantable by Deed: Chattels Real and Perfonal, as Leafes for Years prefent or to come, the Intereft a Man hath in Land by Extent upon Statutes or Judgments, Oxen, Horses, Plate,