thing together. In this case al- nant, which is only in affirmance of though there are several covenantors an affirmative covenant precedent, there is but one contract, and if the covenant be broken, all the covenantors living must be sued; as there is not a separate obligation of each, they cannot be sued separately.

COVENANTS, MUTUAL OR INDEPENDENT. Mutual or independent covenants are those entered into by the parties to an agreement towards each other, which each is bound to perform towards the other, notwithstanding the opposite party may not have fulfilled his. Platt on Cov. 71.

COVENANT, NEGATIVE. A negative covenant is one where the party binds himself that he has not performed and will not perform a certain act; as, that he will not encumber. Such a covenant cannot be said to be performed until it becomes impossible to break it.

and a negative covenant which is additional to the affirmative covenant. 1 Sid. 87; 1 Keb. 334, 372. To a covenant of the former class a plea of performance generally is good, but not to the latter; the defendant in that case must plead specially. Ibid.

COVENANT NOT TO SUE. This is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees not to sue the party liable to such action. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a limited time; for example, seven years.

§ 1. Covenants perpetual not to sue. These will be considered with regard to their effect as relates, 1, to the covenantee; 2, to his partOn ners or co-debtors.

this ground the courts are unwilling 1. A covenant not to sue the coveto construe a covenant of this kind nantee at all, has the effect of a reto be a condition precedent. There-lease to him, and may be pleaded as fore, where a tailor assigned his such to avoid a circuity of action. trade to the defendant and coven- Cro. Eliz. 623; 1 T. R. 446; 8 anted thenceforth to desist from car-T. R. 486; 1 Ld. Raym. 688; S. C. rying on the said business with any Holt, 178; 2 Salk. 575; 3 Salk. of the customers, and the defendant, 298; 12 Mod. 415, 548. And see in consideration of the performance 11 Serg. & Rawle, 149. thereof, covenanted to pay him a life annuity of 1007., it was held that if the words in consideration of the performance thereof, should be deemed to amount to a condition precedent, the plaintiff would never obtain his annuity; because as at any time during his life he might exercise his former trade, until his death it could never be ascertained whether he had performed the covenant or not. Saund. 156; 1 Sid. 464; 1 Mod. 64; 2 Keb. 674. The defendant, Such a covenant does not operate however, on a breach by plaintiff, as a release, nor can it be pleaded as might have his remedy by a cross-such, but is a covenant only for a action of covenant. There is also a breach of which the obligor may difference between a negative cove- bring his action. Carth. 63; 1 Show.

2

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.

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

46; Comb. 123, 4; 2 Salk. 573; 6 on Parties, 19; Cruise Dig. tit. 32, Wend. 471. c. 25, s. 18; Bac. Ab. Covenant

COVENANTS

OBLIGATO

(D).

RY, are those which shall never be COVENANT TO STAND SEIconstrued to raise a use. 1 Sid. 27. SED TO USES, is a species of COVENANT, PERSONAL. A conveyance which derives its effect personal covenant relates only to from the statute of uses, and operates matters personal, as distinguished without transmutation of possession. from real, and is binding on the By this conveyance, a person seised covenantor during his life, and on of lands, covenants that he will stand his personal representatives after his seised of them to the use of another. decease, in respect of his assets. Ac- On executing the covenant, the other cording to Sir William Blackstone, a party becomes seised of the use of personal covenant may be transformed the land, according to the terms of into a real covenant by the mere cir- the use; and the statute immediately cumstance of the heir's being named annexes the possession to the use. therein, and having assets by descent This conveyance has the same from the covenantor. A covenant force and effect as a common deed is personal in another sense, where of bargain and sale; the great disthe covenantor is bound to fulfil the tinction between them is, that the covenant himself personally, as to former can only be made use of teach an apprentice. Platt. on Cov. among near domestic relations, for 66, 7. it must be founded on the consideration 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.

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 descend to the heir; it is also transferred to a purchaser. Bac. Ab. Covenant (E). But see the distinctions and definitions made by Mr. Platt.

COVENTRY ACT, criminal law, is the common name for the stutute 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 Platt on Cov. 62. obnoxious words uttered by him in COVENANT, SEVERAL. A parliament. By this statute it is several covenant is one entered into enacted, that if any person shall, of by one person only. It frequently malice aforethought, and by laying happens that a number of persons in wait, unlawfully cut or disable the enter into the same contract, and tongue, put out an eye, slit the nose, that each binds himself to perform cut off the nose or lip, or cut off or the whole of it, in such case, when disable any limb, or member of any the contract is under seal, the cove-other person, with intent to maim or nantors are severally bound for the disfigure him; such persons, his performance of it. The terms usually counsellors, aiders and abetters, shall employed to make a several covenant be guilty of felony, without benefit 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.

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.

his letter of attorney, his mandate patent, mandatum manifestum. Vattel, liv. 4, c. 6, § 76.

CREDIBILITY, worthiness of belief. To entitle a witness to credibility, he must be competent. Vide COVERTURE. The state or Competency. Human testimony condition of a married woman. can never acquire the certainty of During coverture, the being of the demonstration. Witnesses not unwife is merged, for many purposes, frequently are mistaken or wish to into that of her husband, she can, deceive; the most that can be extherefore, in general, make no con- pected is that moral certainty which tracts without his consent, express arises from analogy. The credibilor implied. Com. Dig. Baron and ity which is attached to such testiFeme, W; Pleader, 2 A 1; 1 Ch. mony, arises from the double prePl. 19, 45; Litt. s. 28; Chit. Contr. sumption that the witnesses have 39. To this rule there are some good sense and intelligence, and that exceptions; she may contract, when they are not mistaken or deceived; it is for her benefit, as to save her they are further presumed to have from starvation. Chit. Contr. 40. probity, and that they do not wish In some cases, when coercion has to deceive. To gain credibility, we been used by the husband to induce must be assured, first, that the wither to commit crime, she is exempt- ness has not been mistaken or deed from punishment. 1 Hale, P. C. ceived; to be assured as far as pos516; 1 Russ. Cr. 16. sible on this subject, it is proper to consider the nature and quality of the facts proved; the quality and person of the witness; the testimony in itself; and to compare it with the depositions of other witnesses on the subject, and with known facts. Secondly, we must be satisfied that he does not wish to deceive; there are strong assurances of this, when the witness is under oath, is a man of integrity, and disinterested. Vide Arch. Civ. Pl. 444; 5 Com. Dig. 449.

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. The female of the bull. 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.

CRANAGE. A toll paid for drawing merchandize out of vessels to the wharf, so called because the instrument used for the purpose is called a crane. 8 Co. 46.

CREDIT, com. law, contracts, is the ability to borrow on the opinion conceived by the lender that he will be repaid; this definition includes CREDENTIALS international the effect and the immediate cause of law, are the instruments which au- credit; the debt due in consequence thorise and establish a public minis- of such a contract is also called a ter in his character with the state or credit, as, administrator of all the prince to whom they are addressed. goods, chattels, effects and credits, If the state or prince receive the minister, he can be received only in the quality attributed to him in his credentials. They are, as it were,

&c. The time extended for the payment of goods sold, is also called a credit; as, the goods were sold at six months' credit. In commercial

which gives no harbours to ships, and is endowed with no privileges. Com. Dig. Navigation, C; Callis, 34.

law, credit is understood as opposed CREEK, mar. law, is defined to to debit; credit is what is due to a be a place where officers commonly merchant, debit, what is due by him. are or have been placed for prevenCREDITOR, persons, contracts. tion only, and which are not in geneA creditor is he who has a right to ral lawful places of exportation or require the fulfilment of an obliga- importation without particular license tion or contract. Creditors may from the port or member under which be divided into personal and real. they are placed. 1 Chit. Com. Law, The former are so called, because 726; Postlewaite's Com. Dict. h. their claims are mainly against the t.; and see Hale's Tract. de Portiperson, and who affect the property bus Maris, part 2, c. 1, vol. 1, page of their debtors only by virtue of the 46. It is, according to Lord Hale, general rule by which he who has only an inlet from the sea, or a narbecome personally obligated, is row passage with the shore on each bound to fulfil his engagements, with side of it, whether the precincts or all his property, acquired and to be extent of a port or without, and acquired, which is a common guaranty for all his creditors. The latter are called real, because they have mortgages or other securities CRIME. A crime is an act combinding on the real estates of their mitted or omitted in violation of a debtors. It is proper to state that public law, either forbidding or compersonal creditors may be divided manding it. This word in its most in two classes: first, those who have general signification comprehends a right on all the property of their all offences, but in its limited sense debtors, without considering the ori- it is confined to felony. 1 Chitty, gin, or the nature of their claims; Gen. Pr. 14; the term misdemeansecondly, those who, in consequence or includes every offence inferior to of some provision of law, are entitled felony, but punishable by indictment, to some special prerogative, either or by particular prescribed proceedin 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 es

tates.

ings. The term offence also may be considered as having the same meaning, but is usually, by itself, understood to be a crime not indictable but punishable summarily or by the forfeiture of a penalty. Burn's Just. Misdemeanor.

Crimes are defined and punished A creditor sometimes becomes so, by statutes and by the common law. unknown to his debtor, as is the case Most common law offences are as when the former receives an assign- well known and as precisely ascer ment of commercial paper, the title tained as those which are defined to recover which may be conveyed by statutes; yet, from the difficulty either by endorsement, or, in some of exactly defining and describing cases, by mere delivery. But in every act which ought to be punishgeneral, it is essential there should ed, the vital and preserving principle 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.

has been adopted that all immoral acts which tend to the prejudice of the community are punishable by courts of justice. 2 Swift's Dig 257. Crimes are mala in se or bad

in themselves, these include all offen- |-5. Administering drugs to a woces against the moral law; or they man quick with child to cause misare mala prohibita, bad because carriage.-6. Concealing death of prohibited, as being against sound bastard child.-7. Assault and batpolicy, and which unless so prohibi- tery, which is either simple or with ted would have been innocent or in-intent to commit some other crime. different. Crimes may be classed-8. Kidnapping.-9. False impriinto such as affectsonment.-10. Abduction.

1. Religion and public worship; 12. Private property: 1. Burglaviz: blasphemy, disturbing public ry.-2. Arson.-3. Robbery.-4. worship. Forgery.-5. Counterfeiting.-6. 2. The sovereign power: treason, Larceny.--7. Receiving stolen misprision of treason. goods, knowing them to have been 3. The current coin: as counter-stolen, or theft-bote.-8. Malicious feiting or impairing it. mischief.

4. Public justice: 1, bribery of 13. The public, individuals, or judges or jurors, or receiving the their property, according to the inbribe.-2.Perjury.-3. Prison break- tent of the criminal: 1. Conspiracy. ing.-4. Rescue.-5. Barratry.- CRIMEN FALSI, civil law, 6. Maintenance.-7. Champerty.-crimes. It is a fraudulent alteration 8. Compounding felonies.-9. Mis- or forgery, to conceal or alter the prision of felonies.-10. Oppression. truth, to the prejudice of another. -11. Extortion.-12. Suppressing This crime may be committed in evidence.-13. Negligence or mis- three ways, namely, 1, by forgery; conduct in inferior officers.-14. 2, by false declarations or false oath, Obstructing legal process.-15. Em- perjury; 3, by acts, as, by dealing bracery. with false weights and measures, by altering the current coin, by making false keys, and the like. Vide Dig. 48, 10, 22; Dig. 34, 8, 2; Code, lib. 9, t. 22, 1. 2, 5, 9, 11, 16, 17, 23 6. Public trade: 1. Cheats.-2. and 24; Merl. Rép. h. t.; 1 Bro. Forestalling. 3. Regrating.-4. Civ. L. 426; 1 Phil. Ev. 26; 2 Engrossing.-5. Monopolies." 7. Chastity: 1. Sodomy.--2. Adultery.-3. Incest.--4. Bigamy. -5. Fornication.

5. Public peace: 1. Challenges to fight a duel.-2. Riots, routs and unlawful assemblies.-3. Affrays. 4. Libels.

-

8. Decency and morality: 1. Public indecency.--2. Drunkenness.3. Violating the grave.

9. Public police and economy: 1. Common nuisances.-2. Keeping disorderly houses and bawdy houses. ---3. Idleness, vagrancy and beggary.

10. Public policy: 1. Gambling. 2. Illegal lotteries.

Stark. Ev. 715.

CRIMINAL, relating to, or having the character of crime, as, criminal law, criminal conversation, &c. It also signifies, substantively, a person convicted of a crime; as, the criminal is to be hanged.

CRIMINAL CONVERSATION, crim. law. This phrase is usually employed to denote the crime of adultery. It is abbreviated crim. con. 4 Bac. Ab. 551.

CRITICISM, is the art of examining and judging of the character 11. Individuals: 1. Homicide, of an intellectual work; usually of which is justifiable, excusable or fe- writings or books; when the criti lonious. 2. Mayhem.-3. Rape.-cism is reduced to writing, the wri4. Poisoning, with intent to murder. [ting itself is called a criticism. VOL. 1.-35.