Cro. Eliz. 623; 1 T. R. 446; 8 T. R. 486; 1 Ld. Raym. 688; S. C. Holt, 178; 2 Salk. 575; 3 Salk. 298; 12 Mod. 415, 548. And see 11 Serg. & Rawle, 149.

2. Where the covenantee is jointly and severally bound with another to the covenantor, a covenant to sue him will be no protection to the other who may be sued on his several obligations, and such a covenant does not amount to a release to him. 2 Salk. 575; S. C. 12 Mod. 551; 8 T. R. 168; 6 Munf. 6; 8 T. R. 168; 1 Com. 139. A covenant not to sue, entered into by only one of several partners, cannot be set up as a release in an action by all the partners. 3 P. & D. 149.

§ 2. Covenant not to sue for a limited time.

Such a covenant does not operate as a release, nor can it be pleaded as such, but is a covenant only for a breach of which the obligor may bring his action. Carth. 63; 1 Show. 46; Comb. 123, 4; 2 Salk. 573; 6 Wend. 471.

COVENANT, PERSONAL. A personal covenant relates only to matters personal, as distinguished from real, and is binding on the covenantor during his life, and on his personal representatives after his decease, in respect of his assets. According to Sir William Blackstone, a personal covenant may be transform. ed into a real covenant by the mere circumstance of the heir's being named therein, and having assets by descent from the covenantor. A covenant is personal in another sense, where the covenantor is bound to fulfil the covenant himself personally, as to teach an apprentice. Platt on Cov. 66, 7. Personal covenants are also said to be transitive and intransitive; the former, when the duty of performing them passes to the covenantor's representatives; the latter when it is limited to himself. Bac, Ab. h. t.

COVENANT, REAL, is one which has for its object something annexed to, or inherent in, or connected with land, or other property. Co. Litt. 384; Jenk. 241; Cruise, Dig. tit. 32, c. 25, s. 22. A covenant real, runs with the land, and descends to the heir; it is also transferred to a purchaser. Bac. Ab. Covenant (E). But see the distinctions and definitions made by Mr. Platt. Platt on Cov. 62.

COVENANT, SEVERAL. A several covenant is one entered into by one person only. It frequently happens that a number of persons enter into the same contract, and that each binds himself to perform the whole of it, in such case, when the contract is under seal, the covenantors are severally bound for the performance of it. The terms usually employed to make a several covenant are "severally," or "each of us." In practice, it is common for the parties to bind themselves jointly and severally, and then the covenant is both joint and several. Vide Hamm. on Parties, 19; Cruise, Dig. tit. 32, c. 25, s. 18; Bac. Ab. Covenant (D).

COVENANT TO STAND SEISED TO USES, is a species of conveyance which derives its effect from the statute of uses, and operates without transmutation of possession. By this conveyance, a person seised of lands, covenants that he will stand seised of them to the use of another. On executing the covenant, the other party becomes seised of the use of the land, according to the terms of the use; and the statute immediately annexes the possession to the use. This conveyance has the same force and effect as a common deed of bargain and sale; the great distinction between them is, that the former can only be made use of among near domestic relations, for it must be founded on the considera

tion of blood or marriage. 2 Bl. Com. 338; 4 Kent, Com. 480; Lilly's Reg. h. t.; 1 Vern. by Raithby, 40, n.; Cruise, Dig. tit. 32, c. 10. 11 John. R. 337; I John. Cas. 91; 7 Pick. R. 111; 1 Hayw. R. 251, 259. 271 note; 1 Conn. R. 354; 20 John. R. 85; 4 Mass. R. 135; 4 Hayw. R. 229; 1 Cowen, R. 622; 3 N. H. Rep. 234; 16 John. R. 515; 9 Wend. R. 641; 7 Mass. R. 384.

COVENANTS OBLIGATORY, are those which shall never be construed to raise a use. 1 Sid. 27.

COVENANTS PERFORMED, pleading. In Pennsylvania, the defendant may plead covenants performed to an action of covenant, and upon this plea, upon notice to the plaintiff, without form, he may give any thing in evidence which he might have pleaded. 4 Dall. 439; 2 Yeates, 107; 15 S. & R. 105. And this evidence may be given without notice unless called for. 2 Wash. C. C. R. 456.

COVENTRY ACT, criminal law, is the common name for the statute 22 & 23 Car. II. c. 1; it having been enacted in consequence of an assault on Sir John Coventry in the street, and slitting his nose in revenge, as was supposed, for some obnoxious words uttered by him in parliament. By this statute it is enacted, that if any person shall, of malice aforethought, and by laying in wait, unlawfully cut or disable the tongue, put out an eye, slit the nose, cut off the nose or lip, or cut off or disable any limb, or member of any other person, with intent to maim or disfigure him; such persons, his counsellors, aiders and abetters, shall be guilty of felony, without benefit of clergy; 4 Bl. Com. 207. This statute is copied by the act of the legislature of Pennsylvania, of the 22d April, 1794, s. 6, 3 Smith's Laws of Pa. 188, and punished by fine and imprisonment. For the act of

Connecticut, see 2 Swift's Dig. 293.

COVERT, BARON, a wife so called, from her being under the cover or protection of her husband, baron or lord.

COVERTURE. The state or condition of a married woman. During coverture, the being of the wife is merged, for many purposes, into that of her husband, she can, therefore, in general, make no contracts without his consent, express or implied. Com. Dig. Baron and Feme, W; Pleader, 2 A 1; 1 Ch. Pl. 19, 45; Litt. s. 28; Chit. Contr. 39. To this rule there are some exceptions; she may contract, when it is for her benefit, as to save her from starvation. Chit. Contr. 40. In some cases, when coercion has been used by the husband to induce her to commit crime, she is exempted from punishment. 1 Hale, P. C. 516; 1 Russ. Cr. 16.

COVIN, fraud, is a secret contrivance between two or more persons to defraud and prejudice another of his rights. Co. Litt. 357, b; Com. Dig. Covin, A; 1 Vin. Abr. 473; vide Collusion; Fraud.

COW. A well known animal. In a penal statute which mentions both cows and heifers, it was held that by the term cow, must be understood one that had had a calf. 2 East, P. C. 616; 1 Leach, 105.

COWARDICE. Pusillanimity;

fear. By the act for the better government of the navy of the United States, passed April 21, 1800, 1 Story, L. U. S. 761, it is enacted, art. 5, "every officer or private who shall not properly observe the orders of his commanding officer, or shall not use his utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in, battle; or shall, at such time, basely desert his duty or station, either then, or while in sight of an enemy, or shall induce others to

to recover which may be conveyed either by endorsement, or, in some cases, by mere delivery. But in general, it is essential there should be a privity of contract between the parties. Vide, generally, 7 Vin. Ab. 42; 3 Com. Dig. 343; 8 Com. Dig. 388; 1 Supp. to Ves. Jr. 302; 2 Supp. to Ves. Jr. 305; Code, 7, 72, 6; Id. 8, 18; Dig. 42, 6, 17; Nov. 97, ch. 3.

CREDITOR, persons, contracts. A creditor is he who has a right to require the fulfilment of an obligation or contract. Creditors may be divided into personal and real. The former are so called, because their claims are mainly against the person, and who affect the property of their debtors only by virtue of the general rule by which he who has become personally obligated, is bound to fulfil his engagements, with all his property, acquired and to be acquired, which is a common guaranty for all his creditors. The latter are called real, because they have mortgages or other securities binding on the real estates of their debtors. It is proper to state that personal creditors may be divided in two classes: first, those who have a right on all the property of their debtors, without considering the origin, or the nature of their claims; secondly, those who, in consequence of some provision of law, are entitled to some special prerogative, either in the manner of recovery, or in the rank they are to hold among creditors; these are entitled to preference. As an example, may be mentioned the case of the United States, when they are creditors, they have always a preference in case of insolvent estates.

A creditor sometimes becomes so, unknown to his debtor, as is the case when the former receives an assign

CREEK, mar. law, is defined to be a place where officers commonly are or have been placed for prevention only, and which are not in general lawful places of exportation or importation without particular license from the port or member under which they are placed. 1 Chit. Com. Law, 726; Postlewaite's Com. Dict. h. t.; and see Hale's Tract. de Portibus Maris, part 2, c. 1, vol. 1, page 46. It is, according to Lord Hale, only an inlet from the sea, or a narrow passage with the shore on each side of it, within the precincts or extent of a port or without, and which gives no harbour to ships, and is endowed with no privileges. Com. Dig. Navigation, C; Callis, 34. In a more popular sense, creek signifies a small stream, less than a river. 12 Pick. R. 184.

CRETION, civil law. The acceptance of a succession. Cretion was an act made before a magistrate, by which an instituted heir, who was required to accept of the succession within a certain time, declared within that time, that he accepted the succession. Clef des Lois Rom. h. t.

CREW. Those persons who are employed in the navigation of a vessel. A vessel to be seaworthy must have a sufficient crew. 1 Caines, R. 32; 1 John. R. 184. In general, the master or captain (q. v.) has the selection of the crew. Vide Muster roll; Seaman; Ship; Shipping articles.

CRIB-BITING. A defect in horses,