BOOK II. OF THE FORMAL PARTS OF ASSURANCES. INTRODUCTION. of deeds. THE most usual and formal Assurances are deeds; Formal parts hence the contents of the present book relate principally to the formal parts of deeds. Wills, agreements, and other instruments, are framed according to established forms; but those forms are for the most part much simpler, and less invariable than the forms of deeds. "It is not, indeed," says Blackstone (a), "absolutely necessary in law to have all the formal parts that are usually drawn out in deeds, so as there be sufficient words to declare clearly and legally the party's meaning. But as these formal and orderly parts are calculated to convey that meaning in the clearest, distinctest, and most effectual manner, and have been well considered and settled by the wisdom of successive ages, it is prudent not to depart from them without good reason or urgent necessity." of deeds. The writing of a deed is without punctuation, and Punctuation such stops and marks of parenthesis must be supplied (a) Comm. ii. 298. Premises of deeds. Commencement of deeds poll. by the reader as will give effect to the whole (a). Marks of parenthesis are, indeed, usually inserted, but it seems that they are to be regarded, in the construction of the deed, only when they are consonant with the sense, and required by the context (b). The precedents in this and other collections are pointed by the printers, according to the usual practice; but no attention is to be paid to the punctuation. The premises of a deed are all the parts preceding the habendum, viz. the Introduction and (in indentures) the Date-the Parties, or (in deeds poll) the Names of the Grantors, Releasors, &c.—the Recitals -the Consideration-and, the Grant, Release, or other Operative part. Then follow the Habendumthe Declaration of uses or trusts-the Provisoes, and other explanatory clauses-the Covenants for title, and other covenants-and the form, commencing with the words, "In witness," which connects the contents with the signatures and seals, and in deeds poll contains the date. In appointments, deeds of covenant, and other deeds, which contain no habendum, the premises must be understood to be those parts of the deed preceding and including the operative part (c). It is unnecessary, in this place, to give examples of the forms of Assurances, as the precedents in the subsequent volumes afford them; but it may be proper (a) 4 T. R. 65, 66. (b) 3 Atk. 9, 10; 1 Mer. 651. (c) See 2 Bl. Com. 298; Burton's Law of Real Property, arts. 513-516; Shepp. Touchst. ch. v. p. 75, and infra, vol. iii. p. 200, n. (o). to observe, that, when a deed poll is to contain recitals, the proper form of commencement is with the words, "To all to whom these presents shall come, A. B., of &c., sendeth greeting;" the operative part afterwards beginning, "Now these presents witness that;" but when a deed poll contains no recitals, it begins with the words, " Know all men by these presents, that I, A. B., of," &c. when em Deeds poll are but little used in modern convey- Deeds poll, ancing, as the form of an indenture is, in most ployed. cases, more convenient; but for releases, by way of extinguishment of claim, for many declarations of trust, and for some other assurances of a simple nature, in which all that is to be done is by one party (whether consisting of one or more persons), the deed poll is the most convenient form. It is not very usual to employ a deed poll when covenants are to be entered into; but there is no question that a covenant entered into by a deed poll, with a covenantee named in the deed, is valid (a). (a) Greene v. Horne, Salk. 197. See too further, infra, vol. v. p. 462, n. (b); Salter v. Kidgly, Carth. 76; Berkeley v. |