case OSHEY against sir baptist hicks to a covenant date the nine condition to  pay for good then load or afterward to be load on board such a ship the  defendant may traverse the delivery on the nine and plead that the deed be  seal and deliver on the twentyeighth and that no good be then or afterward  ship for he be not bind to pay for any good ship after the date and before the  delivery of the deed ante post   light dyer cro Elizabeth side ld raym Com dig  every deed shall be intend to be deliver on the day it bear date unless the  contrary be prove covenant refer to the day the deed be deliver and not to its  date covenant upon a indenture date the nine of October Elizabeth wherein be  recite whereas by indenture of charterparty date September Elizabeth between  the plaintiff croak throw and Francis cherry the plaintiff have hire of he a  ship for a voyage to danzig for corn upon take the ship it be agree between  they that the ship shall be load with corn c to danzig and to sail to Leghorn  c now by the say indenture upon consideration the plaintiff have agree that  the defendant shall have the moiety of the corn quod tunc to be or afterward  shall be load in the ship in the say voyage the defendant promise to pay the  moiety of the money for the say corn quod tunc to be or afterward shall be  load c and allege in fact that upon the nine of October Elizabeth the ship be  load with sixty last of corn and for non performance of this covenant bring  the action the defendant plead that the deed be seal and deliver the October  Elizabeth et quod adtunc well postea there be not any corn load there and  traverse the delivery thereof the nine of October or at any time afterward  before the October Elizabeth and it be thereupon demurrer Yelverton argue that  the plea be not good to traverse the time of the delivery the James c give aid  after verdict where the visne be award out of too many or too few place in the  county name the and car c cure the visne whole if the cause be try by a jury  of the proper county and by and Ann c and Geo c every venire facias shall be  from the body of the county in which the action be triable see Mr hargrave  note   light croak James er p for if there be corn in it the nine of October  which be the date of the deed he ought to answer thereto and satisfy for it  although it be not load October Elizabeth for the truth be the corn be cast  away between the nine and the twentyeighth of October for that have reference  to the date of the deed as to their agreement especial when two time be  mention in the deed and all the covenant be refer to the time of the agreement  and for proof thereof he rely upon Henry pl but against that it be argue and  so resolve by all the court that in regard he declare upon a deed date the  nine October Elizabeth it shall be always intend to be deliver and to have his  essence at that time and at no other and if he will afterward confess it to be  deliver at any other time it be a departure from his declaration as Henry  Elizabeth dyer Henry pl and   and the word of the deed that he shall pay for  the corn then load or afterward to be load therein this word tunc be refer to  the time of the essence of the deed by the delivery and not to the date for if  it be deliver ten month after the date he shall not have any benefit of the  corn load and spend or sell before the time of the delivery therefore he shall  not be charge with it for the time before the delivery Fleming say if one  covenant that I S shall have all his tree now stand it refer to the tree stand  at the time of the delivery and if any be fall after the date and before the  delivery he have not any remedy for they wherefore the plea and the traverse  be good it be adjudge for the defendant aid dyer and Plowd Adam and Wrothsleys  case adtunc in tenure wilcocks