COURTS, EOCLKSUSTIfU.. 



VANT. 



r i 



The great ma of UM littntinn of tit* kingdom U carried on by 

 imnn* of the raperior court* cj Westminster ; which term include* the 

 cmirt of chancery, the origin of the jurisdiction exercised in that 

 court i* explained ebewhere. [CIIAXCXLI.OK ; CiiAXcriiY.] A similar 

 observation applie* to what an usually called the cupanor courts of 

 common law [COMMOX PLEAD: KXCHINJCER; QUUH'I 1! 

 although that term trictly include* the palatine court*. 



In each of the mpreme court* of common law there in a chief and 

 several puisne judges. In the exchequer these are ityled the chief 

 baron and twroni, no doubt bearing in their title trace* of the time 

 when their office wa* filled by the lord* of parliament. Another 

 remnant of the original constitution of the court* appears in the appel- 

 lation of " my lord," which i* alway* given to the judge* in their 

 official character. 



During the term*, which are four period* in the year of about three 



-- 1 -- each, the three court* lit at \\eetminster for the determination 



of all question* of law ; and twice a year fourteen of the judge* make 

 their circuit* through England and Wales, to try, with the assistance 

 of juries, all disputed queation* of fact that urine in the country. 

 Action* brought in Middlesex or London are tried in the same manner 

 at the sitting* which are held on certain day* in and immediately after 

 every term. 



From each of the three court* there lie* an appeal to the Court of 

 Exchequer Chamber, whence a further appeal lies to the House of 

 Lord*. 



(Reeve, ffUlorit of ttu Entfuk Lav: ; Maddox, Ilatory of the Kg, 

 chijutr ; Palgrave, Proyrat of Ike KngH*k Commonwealth; Allen, 

 In/airy fiito tke Prtroyatire.) 



COURTS, ECCLESIASTICAL. [ECCLESIASTICAL COCBTS.] 



COVE, ia a small inlet on a rocky coast. When the indentation is 

 wide and deep enough to admit vessels of fifty tons burden and up- 

 ward*, it i* called a harbour ; but when it is too narrow fur that pur- 

 pose, a*d can only be entered by small craft, it is called a cove. 



COVENANT is a written agreement, by deed under seal, between 

 two or more persons, whereby some act is agreed to be done ; or, upon 

 the happening of some event, some charge or liability is agreed to be 

 borne by some party thereto. The person entering into tho agreement 

 and subjecting himself to the penalty of its breach, is called the cove- 

 nintor, and the person with whom it is made, the coveuantee. The 

 portion of the agreement which expresses the character of the liability 

 of the covenantor is called the lieu. 



Covenants take many varieties of forms, and are variously stated. 

 They usually arise from the express words of the parties, but any 

 words denoting the intention are sufficient : as, " I agree," " I am 

 content" They are sometimes inferred, by law, from the relation of 

 the parties or from the nature of their contract. Thus a demise for a 

 term of years, will sustain, upon an implied covenant, an action for 

 quiet enjoyment. 



The lien of covenants usually contains introductory words, declaring 

 the extent of the covenant. If there are several covenantors, it 

 usually declares the covenant to be several, or joint, or joint and 

 several. In case the covenant is several, each of the covenantors 

 covenants for himself alone, and may be sued alone; if joint, each of 

 the covenantors covenants for himself as well as for each other, and 

 all must be sued together ; if joint and several, each party covenants 

 for himself, and as a surety for those with him, and an action, in this 

 case, may be brought against one of the covenantors only, or, against 

 all The court*, however, even in these cases, regard the interests 

 of the parties; and if the interest, or cause of action, is joint, 

 the action must be brought against all the covenantors, though the 

 terms of their covenant may be joint and several ; and if the 

 interest, or cause of action, is several, though the covenant is joint, the 

 parties must be severally sued. The reason is, that difficulty would 

 arise if judgment in distinct actions should he asked for one and the 

 same cause against several persons, or against persons whom there is 

 no cause of action to affect. The mere terms of a covenant are not 

 therefore a sufficient guide to determine the propriety of joining 

 parties in an action upon it. 



Covenant* are divided into real and personal, though, as now used, 

 they are a* to remedy, chiefly personal. 



The former affect realty, and may bind the real estate of the cove- 

 nantor in the hands of the heir and of hi* assigns. Personal covenants 

 bind only the covenantor, or his executors and administrators, that is, 

 hi* personal estate in their kind*. The objects of real covenants are 

 generally to afford some specific advantage or protection to those into 

 whose hand* the realty to which they relate shall pass ; or, to secure 

 the performance of some specific duty by those who may possess the 

 realty to which they relate. 



In the construction of all covenants the intention of the parties is 

 regarded. The general rules usually laid down for this purpose 

 depend upon the presumed intention of the parties; and for this 

 reason, a statute declaring the effect of certain covenants, and enabling 

 them to be stated in a few wordt, ha* often been desired, in order to 

 shorten the length of conveyance and to avoid litigation, lly iu-li a 

 measure the express intention of the parties would always appear in 

 deed*, by their adoption of the abbreviated language of the law, or by 

 their restraining it* general efl'rrt. lud.-.-l. in the statutes relating to 

 the registry of deeds in Yorkshire, it i* declared that the words " grant, 



bargain, and sell," are to operate as covenant* for title, for farther 

 s*mrnoe, and for quiet enjoyment, while on tli.- other h.m<l tlio fiat. 

 8 ft 9 Viet c. KW, enact*, that in deed* executed after Oct. 1 

 the word " give " or the word " grant " shall not imply any covenant in 

 law in respect of any tenement* or hereditament* except no far as the 

 word " give " or the word " grant " may, by force of any act of parlia- 

 ment, imply a covenant 



The intention of the parties, however, i* not always mifficiuit, in 

 the case of real covenant*, to secure their object. It i* frequently 

 desirable, when the possession of land i* parted with, that the pur- 

 chaser and hi* assignees should always be able to resort to the 

 or to hi* heirs for protection, or that the purchaser and his assignees 

 should perform certain duties, and that the covenants for these pur- 

 poses should always be connected with the party enjoying the Ian. I. or, 

 in other word*, that such covenant* shall "run with the land." In 

 or.l.-r that this shall occur, the mere intention of the partiei, however 

 definitely expressed, is insufficient; there must also be privity <>f 

 estate. When land mortgaged in fee was demised by the mortgagor, 

 a covenant entered into with him was merely personal ; for though in 

 equity the owner of the estate, at law the mortgagor is a mere stranger 

 to it : there was no privity of estate between the lessor and lessee. 

 (Webb r. Russell, 3 Term Rep., 402, 678; 1 Hen. lilackston. 

 The assignee also must come in of the same estate as his assign, r. or 

 the covenant will also be merely personal. Thus, a covenant to pay a 

 fee farm rent, in a deed enabling the purchaser to appoint his estate to 

 uses, became a mere personal covenant by the exercise of the power to 

 appoint, for the appointment did not convey the same estate that the 

 purchaser had acquired. (Roach r. Wadham, East. 289.) [UsEg.J 

 The Real Property Commissioners have stated three rules respecting 

 covenants running with the land. 



1. A covenant to nm with the land so as to bind the assignee, or to 

 give to him the benefit of it without his being named, must relate 

 directly to the land, or to a thing parcel of the demise ; such is a 

 covenant to pay rent, to keep buildings in repair, or to observe parti- 

 cular modes of cultivation. 2. When it respects a thing not in existence, 

 but which, when it comes into existence, will be annexed to the land, 

 the covenant will bind the assigns by naming them, but will not bind 

 them unless named ; such is a covenant to erect buildings, or to plant 

 trees. 3. When it respects a thing not annexed, nor to be annexed, to 

 the land, or a thing merely collateral, or in iU nature merely personal, 

 the covenant will not run, that is, it will not bind the assignee, nor 

 pass to him, even though named ; mich as a covenant to haul coals to 

 the lessor's house, to grind corn at his mill, or to buy or sell stock in a 

 certain manner. These rules, however, though originally laid down 

 witli reference to leases, have been treated as applying to cases not 

 involving the relation of landlord and tenant. They involve many 

 subtle distinctions, and it has been proposed that all c<>. 

 whatever nature or for whatever purpose, should, unless a contrary 

 intention is expressed, or may be inferred from the instrument, !>in<l 

 the assignee of terms. 



The Law Commissioners also divide covenants where the relation <>t' 

 landlord and tenant, or lessee and reversiouer, does not exist, into three 

 classes. 1. Covenants made iri/A the owner of the land to which they 

 relate ; as covenants for title, to indemnify from existing charges, for 

 farther assurance, &c., which supply the old remedy of warranty, with 

 the difference, that pecuniary damages, instead of the recompense of 

 land, are obtained under them. 2. Covenants made by the owner of 

 the land to which they relate ; as to build on certain land, to keep up 

 a rood, to keep a space of ground open. 3. Covenants relating to the 

 production of writings and title-deeds ; as in cases where an estate is 

 divided into fractions and sold to different persons, one of the pur- 

 chasers, usually the purchaser of the most valuable share, holding tho 

 deeds and writings. It has been contended that a covenant i 

 owner of land respecting the land should always run with tho land ; 

 but this doctrine has not been established, and if sanctioned, i 

 give an injurious control over property for an indefinite period. A 

 covenant entered into by a purchaser of land for himself, Ilia heirs, and 

 assigns, not to use the land purchased for certain purposes, as for 

 instance to abstain from building on it, has been held in ei/iiity to bind 

 all succeeding purchasers who have notice of the covenant. (Tult v. 



/, 11 Beav. 571.) 



At common law, none but parties or privies, by contract or estate, 

 could take advantage of covenant*, or be bound by them, i pun the 

 dissolution of monasteries, great evils were found to follow IV.., 

 state of the law, the lands then seized by tho crown, and after 

 transferred to patentees or grantees of the crown, being leased un iler 

 covenants, which ceased to bo binding by the absence of any privity 

 between the lessees of the church lands and the new owners 01 

 lands. To correct these evils the ",1 Hen. VIII. c. "I. w:w | 

 which gave to the grantees of reversions generally, and to the grantees 

 and patentees of the crown, the same advantage* and remedies as 

 possessed by the original lessors or grantors of the land. The M 

 placed the parties to whom it applied in tin; position of those who 

 were privy to the original contract. To covenants, howi'v. r, merely 

 collateral, the statute does not apply ; that U, if the covenant ! 

 ficial to the lessor, without regard to his continuing th- owner o 

 estate, it U a collateral covenant, upon which the assignee 

 reversion en; The assignee of the n v< -i-nion, however, is 



