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Some of them allo are in the Affirmative, that is, consist of Doing; and some in the Negative, that is, they do contift of not Doing. Some of them also are Collateral, that is, when the Act to be done is a collateral Act to the Estate, as to pay 10 l. or the like; and some of them are Inherent, that is, annexed to the Rent or Estate.
Some of them are also Restrictive, as that the Lefsee shall not alien, or not commit Waste: And fome of them are Compulsory, as that the Lellee ihall pay the Leffor a Sum of Money, or lose his Eftate.
Some of them are Single, to do one Thing only; and some of them are Copulative, to do divers Things.
Some Conditions make the Estate 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 some to make or inlarge them; and some neither to make nor destroy, but to clog Estates : As a Lease made rendring Rent, on Condition that if the Rent be not paid, the Lessor shall 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 Consent of two or more expressed therein, whereby either or one of the Parties doth pro. mise to the other, that something is done already, or shall be done in futuro.
Covenants are some of them Real, which is, where a Man doth bind hiinself to pass a real Thing, as Lands or Tenements, or to levy a Fine of Land, &c. or when it doth run in Reality so with the Land, that he that hath the one hath the other, or he that hath the one must do the other : Or it is Personal, that is, when it doth run in the Personality, and not with the Land, but some Person in particular is to be charged with, or have Benefit by it, as when one doth Covenant to build or repair a House.
Covenants also are faid to be either inherent, that is, 'such as are conversant about the Land, as that the Thing demised be quietly enjoyed,
repaired, or the like : Or Collateral, that is, : about some Collateral Thing which does not concern the Thing granted, as to pay Mo.
A Warranty in a Deed is a Clause or Cove. Warranty, nant made in it by the one Party to the other, whereby the Party, Feoffor, Donor or Lessor, doth for him and his Heirs grant to Warrant, and secure Land, granted to the Feoffee, Donee or Lessee and his Heirs, during the Estate granted.
Observations relating to Deeds in general,
and their Expofition. I a die that the following Rules be observed, viz. done to per
fot a good That it be written on Parchment or Paper legi. Deci bly and formally ; that the Persons tiat make the Deed be capable to make such a
Deed absolutely, and not disabled by Law; that the Persons to whom the Deed is made be capable, and not disabled by Law to take the Thing given by the Deed; that the Thing granted, as also the Names of the Grantor and Grantee, be set down by sufficient Names, and well expressed in the Deed.
İf the Man that is to seal it be one that cannot read himself, that it be read, or the Con. tents thereof truly declared to him before feal.
that the Deed be then sealed by him that makes it, or some other lawfully authorized by him; that it be delivered by the Party as his A& and Deed, or by some 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 some cases, to make a Deed good, and an Estate pass by it, some other Ceremonies are to be used, as Inrollment, Livery of Seisin, &c. and in most Cases the Agreement and Acceptance of him to whom the Deed is made, is necessary : Of all which I shall say something in their proper Order,
And first, 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 sealed and delivered; for to insert any Thing in a Deed after it is sealed and delivered, makes it void,
It may be written in any Hand, and in any Language. The writing crooked or besides the Lines will not prejudice the Deed, nor any Razure or Interlining made before the Delivery : But such Razure or Interlination, if it be in a material Place, ought to be taken Notice of by
some Indorsement; nor will false Latin or Enga
The Matter written must, for the Substance
Habend' or bendum, &c. for a Deed may be good without
It may be good without a Conclusion; fo
As to the Parties that make the Deed, they Parties,
And Bastards, such as are Deaf, Dumb or
Intentions otherwise than by Signs; Drunken Persons, Excommunicate, Outlawed Persons, may make any Deed, as other Men may do ; Joint Tenants, Tenants in Common, or Parceners, may grant away their Parts to Strangers.
But Persons attainted of Treason, or Felony, or on a Premunire; Ideotş, 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 some few Special Cases.
Generally he that is disabled to give or grant by a Deed, is disabled to take by a Deed ; but in some Special Cases, Persons Attaint, Aliens, Infants, Woinen Covert, Ideots, and such like, though they cannot make a Gift, or Grant, yet may they have, or take by a Deed of Gift, or Grant, but then some of those Deeds by themselves, and some by others, may be avoided. The Person to whom a Deed is made, must be in being at the Time of the Deed inade.
The Thing to be given or granted by the Deed must be not only printable in its own Nature, but grantable by hin that doth grant it.
All corporeal and immovable Things, such as Houses, Lands, Woods, and the like, are grantable in Fee, ja Tail, for Life, or Years.
Allo incorporeal Things, as Rents, Services, Advowsons, Presentations, Reversions, Reinainders, Offices, Licences, Franchises, Commons, are grantable by Deed: Chattels Real and Perfonal, as Leases for Years present or to come, the Interest a Man hath in Land by Extent upon Statutes or Judgments, Oxen, Horses,