Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/320

 304 7. warranty uually follow covenants, or conventions; which are claues of agreement contained in a deed, whereby either party may tipulate for the truth of certain facts, or may bind himelf to perform, or give, omething to the other. Thus the grantor may covenant that he hath a right to convey; or for the grantee's quiet enjoyment; or the like: the grantee may covenant to pay his rent, to repair the premies, &c. . If the covenantor covenants for himelf and his heirs, it is then a covenant real, and decends upon the heirs; who are bound to perform it, provided they have aets by decent, but not otherwie: if he covenants alo for his executors and adminitrators, his peronal aets, as well as his real, are likewie pledged for the performance of the covenant; which makes uch covenant a better ecurity than any warranty, and it has therefore in modern practice totally upereded the other.

8., comes the concluion, which mentions the execution and date of the deed, or the time of it's being given or executed, either exprely, or by reference to ome day and year before-mentioned. Not but a deed is good, although it mention no date; or hath a fale date; or even if it hath an impoible date, as the thirtieth of February; provided the real day of it's being dated or given, that is, delivered, can be proved.

now to fifth requiite for making a good deed; the reading of it. This is neceary, wherever any of the parties deire it; and, if it be not done on his requet, the deed is void as to him. If he can, he hould read it himelf: if he be blind or illiterate, another mut read it to him. If it be read falely, it will be void; at leat for o much as is mirecited: unles it be agreed by colluion that the deed hall be read fale, on purpoe to make it void; for in uch cae it hall bind the fraudulent party. Rh