7. After warranty uſually follow covenants, or conventions; which are clauſes of agreement contained in a deed, whereby either party may ſtipulate for the truth of certain facts, or may bind himſelf to perform, or give, ſomething 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 premiſes, &c.[1]. If the covenantor covenants for himſelf and his heirs, it is then a covenant real, and deſcends upon the heirs; who are bound to perform it, provided they have aſſets by deſcent, but not otherwiſe: if he covenants alſo for his executors and adminiſtrators, his perſonal aſſets, as well as his real, are likewiſe pledged for the performance of the covenant; which makes ſuch covenant a better ſecurity than any warranty, and it has therefore in modern practice totally ſuperſeded the other.
8. Lastly, comes the concluſion, which mentions the execution and date of the deed, or the time of it's being given or executed, either expreſſly, or by reference to ſome day and year before-mentioned[2]. Not but a deed is good, although it mention no date; or hath a falſe date; or even if it hath an impoſſible date, as the thirtieth of February; provided the real day of it's being dated or given, that is, delivered, can be proved[3].
I proceed now to fifth requiſite for making a good deed; the reading of it. This is neceſſary, wherever any of the parties deſire it; and, if it be not done on his requeſt, the deed is void as to him. If he can, he ſhould read it himſelf: if he be blind or illiterate, another muſt read it to him. If it be read falſely, it will be void; at leaſt for ſo much as is miſrecited: unleſs it be agreed by colluſion that the deed ſhall be read falſe, on purpoſe to make it void; for in ſuch caſe it ſhall bind the fraudulent party[4].
