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CONVEYANCER'S ASSISTANT;

OR,

A SERIES

OF

PRECEDENTS IN CONVEYANCING

And Commercial Forms,

In Alphabetical Order,

AFTER THE MANNER OF

JONES'S ATTORNEY'S POCKET BOOK,

ADAPTED TO THE PRESENT STATE OF THE LAW

AND THE PRACTICE OF CONVEYANCING;

WITH

COPIOUS PREFACES, OBSERVATIONS, AND NOTES ON THE SEVERAL DEEDS,

AND THE

LATE REAL PROPERTY ACTS, &c.

BY

GEORGE CRABB, Esq.

BARRISTER AT LAW.

IN TWO VOLUMES.

VOL. II.

London:

HENRY BUTTERWORTH,

LAW BOOKSELLER AND PUBLISHER,

N° 7, FLEET STREET.

1

J. BARKER, Printer,

Crane Court, Fleet Street, London.

THE

CONVEYANCER'S ASSISTANT.

COVENANTS.

§ 1. A covenant is the consent or agreement of two or more Definition. persons to do, or not to do, some act or thing contracted between them. And there is this difference between a covenant and a simple agreement, that an agreement may be by parol or verbal, but a covenant must be created by deed, in writing, sealed and delivered by the parties; Plowd. 308. And an action of covenant will not be upon a verbal agreement, for it cannot be grounded without writing; F. N. B. 45. Between a covenant and a condition there is a difference as to the remedy; a condition broken defeats an estate, and gives a right of entry; but a covenant broken gives an action only; Owen, 54.

2. Covenants are real or personal: a covenant real is, where a Different man ties himself to pass a thing real, as lands or tenements, or to kinds. levy a fine, &c.; and a covenant personal is, when the same is annexed to the person, and merely personal, as if a person covenant with another to build a house, or to serve him, &c.; Co. Litt. 184. Covenants are inherent, or run with the land, when they tend to the support of the land or thing granted, as, to repair the demised premises; or they are collateral when they do not concern the subject of the demise, as, to build a house on land not parcel of the demise, or to pay a sum of money, &c.; 5 Co. 8. The heir may take advantage of inherent covenants, though he is not bound by them, unless expressly named; Ib. 16, 17. Assigns, as well as executors and administrators, are bound by them, although not named, and may likewise take advantage of them; Ib. 16, Roll. Abr. 5, 21. Assigns are not bound by collateral covenants, although named; The Mayor of Congleton v. Pattison, 10 E. 130. An executor and administrator is bound by every covenant in respect of the assets which come into his hands, whether he be named or not, unless it be such a covenant as is to be personally performed by the covenantor, and there has been no breach before his death; Dyer 324, a; Cro. Eliz. 553; Sheph. T. 178. (As to covenauts in leases and purchase deeds, see further, Leases and Purchase Deeds.') A covenant may either be express or implied. An express covenant is that which is inscribed in express words. An implied covenant, or a covenant in law, is that which the law intends or implies, from the nature of the contract, although not expressed in words; as, when a lease is made by the words ' demise and grant,' without any express covenant for quiet enjoyment; yet in this case the law intends that the lessee shall quietly hold and

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From enjoy the demised premises; Sheph. Touch. 161. (As to express Manag- and implied covenants, see further, Leases.) Covenants may likeing Clerk. wise be joint or several, or joint and several. Where the interest is joint, the covenant is held to be joint, although the words may import a joint and several covenant; Eccleston v. Clipsham; 1 Saund. 155. On the other hand, where the interest is several, the covenant is held to be several, although the words import a joint covenant; Withers v. Bircham, 3 B. and C. 254. As to covenants, joint and several, see further, Bonds. A covenant may be of a thing executed, that is, that it is done, or of a thing executory, that is, that it shall be done, either at one time, or from time to time. On covenants of this latter kind an action will lie as often as a breach shall happen; Shep. Touchst. Prest. Ed. 162.

Proper words.

Effect.

Discharged by deed.

Recital.

3. The word covenant is not necessary to make a covenant 1 Roll. Abr. 519. Any words which show the concurrence of the parties to the performance of an act, is effectual for that purpose; Shep. Touchst. 162; 1 Leon. 324; 1 Ch. Ca. 294. Where words beginning any sentence are conditional, and give another remedy, it has been held that they shall not be construed a covenant; but if words of condition and covenant be coupled together, as, Provided always and it is covenanted,' in that case they may be adjudged to be both a condition and a covenant; Sheph. Touch. 162. One who covenants for himself, his heirs, &c. shall be personally bound by his covenant, though he describes himself in the deed as covenanting for and on the part and behalf of another person; Appleton v. Binks, 5 E. 148.

4. A covenant may sometimes operate and produce transmutation of possession, as a covenant to stand seised to uses (see Precedent.) And so where one covenants that another shall have a piece of land for five years; this is a good lease for five years; Hob. 55; Shep. T. 161.

5. Covenants cannot be discharged except by deed; 1 Selw. N. P. 510. A parol agreement therefore cannot be the foundation of an action upon a covenant under a seal whereby the parties bound themselves to perform a different contract; Thomson v. Brown, 1 Moore, 358.

6. As to the matter of covenants, whether lawful or unlawful, &c. see Bonds,' § 6. (See further, as to Covenants, Annuity, Mortgage of Copyholds, Purchase Deeds.)

Deed of Covenants from a Managing Clerk of a Banking-house and Surety for the faithful Execution of his Office.

This Indre made, &c. Betn (clerk) of, &c. of the first pt (surety) of, &c. of the second pt and (principals) of, &c. of the third pt Whas the sd (P) carry on the trade or business of bankers at and have agrd at Agreement the request of the sd (C) to employ him in the superwith clerk. intendence and management of the sd banking concern at the salary of £- per ann. upon the sd (C) and also the sd (S) entering into the covts as hnaftr mentd Now this Indre Witnesseth That in pursuance of the sd agrt he the sd (C) for himself his hrs exs and ads doth hby covt promise and agree with and to the sd (P) their

Testatum.

cern

From Managing Clerk.

Covenants.

Clerk to give up his

whole time.

exs and ads in manner following that is to say That he the sd (C) shall and will henceforth so long as he shall be retained as a clerk in the sd banking concern give up the whole of his time and attention to the sd business and with such assistance as may be requisite to extend and improve the same to the utmost of his ability for the bent of the sd (P) And shall and will during such period as afd do and perform all such acts matters and things in or about the sd trade or business as the sd (P) shall from time to time direct or appt And shall not nor will at any time or times hraftr witht Not divulge the consent of the sd (P) or the partners for the time secrets. being divulge or make known any of the trusts secrets accts or dealings of or relating to the sd banking conAnd that he the sd (C) shall and will so long as he shall continue to be employed as afd be just and faithful to the sd (P) in all his dealings and transactions Be faithful. whatsr And shall and will from time to time write and enter or cause to be written and entered in such book or books as is are or shall at any time by and at the expense of the sd (P) be provided for that purpe a full and true acct of all mos recd or lodged in the Banking-house and secties for money which shall be the property lodged or deposited with or shall come to the hands of the sd (C) as the clk of the sd (1) on the acct and for the bent of the sd (P) or the ptnrs for the time being and of all or. matters and circumstances necessy and requisite to manifest the state of the sd banking concern And which sd book or books shall be kept in some convenient place where the same concern is or shall be carried on and shall at all times be open to the inspection of the sd (P) or such or. psns as they shall for that purpe appt And this Indre furr Further Witnesseth That in furr pursuance of the sd agrt they testatum. the sd (C) and the sd (S) for themselves jtly and sevlly Indemnity and for their respive hrs exs and ads Do and each of from clerk them Doth covt, &c. with the sd (P) that they the sd and surety. (C) and the sd (S) or one of them or their hrs exs or ads shall and will from time to time hraftr save defend and keep harmless and indemnified the capital stock and of the sd (P) or the (a) ptnrs for the time being of from and agst all losses injury or diminution which shall or may happen or arise to the sd capital stock on acct of any misconduct neglect or non-performance of any of the covts hnbefe contd on the pt of the sd (C) in his capacity of clerk or for or on acct of the sd (C) not duly accounting for and paying to the

(a) As to the effect of omitting this clause, so as to restrict the liability of the surety, see Bonds, Pref. § 7.

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