Page:The New International Encyclopædia 1st ed. v. 05.djvu/600

* COtrVADE. 516 COVENANT. ogy (1896) ; Ploss, Das Weih (1897) ; etc. See Man. Science of. COUXIA, koS'slie-a, or COTJXIO, koo'she-6. A South American monkey. See Saki. COVA'RIANTS. See Forms. COVE (AS. cofa, chamber, Icel. kofi, hut, MHG. l-ohc. Ger. Kohen, stall). In architecture, a long concave surface usually connecting two planes at right angles, as in coved ceilings; or the surface beneath a projecting story or bal- cony. The large coves of Italian and French late Kenaissance palaces were often elaborately decorated with frescoes and reliefs. COVENANT (OF. covenant, Fr. convenant. It. eo»i;ejif)i(p, from Lat. convenire, to agree, from com-, together + venire, to come). A term much used in theology in close connection with the ^ebre^^■ bcrith of the Old Testament and the Greek diathel.c of the New. God is represented as making successively, with Adam, Noah, Abra- ham, and all Israel, covenants, which are sub- stantially the same covenant, under which Israel is adopted as God's special and chosen people, and is bound to Him in close and mutual obliga- tions. The covenants of the Old Testament are all substantially 'covenants of works.' putting blessing upon the basis of obedience; the one covenant of the New Testament, which replaces the others, conditions blessing upon faith in Jesus Christ. This simple idea was built out and systematized into the Federal Theology dur- ing the constructive Protestant period (by Coc- cejus, 1G03-C9), and was incorporated in the Westminster Confession. See Federal Tiieol- OOY. COVENANT. In English law, a contract by deed or specialty, that is, one in which the validity of the promise does not depend upon consideration (q.v.) as in the case of simple contracts, but upon the formality of execution of the contract by sealing and delivery. The essential characteristic of covenants distinguish- ing them from other specialties is the promise. Thus a bond differs from a covenant only in that it is a mere acknowledgment of indebtedness without an express promise to pay the amount of the bond. The term covenant is also used in a narrower sense to indicate the promise or stipulation con- tained in a specialty or deed which is incidental to its main purpose, aSj for example, the cove- nants of warranty contained in a deed of convey- ance. Although consideration was not required to render a covenant valid and enforceable at law, courts of equity deemed the seal to be presump- tive evidence of consideration only, and would not compel the covenantor to perform his promise if it appeared that no consideration was given for it. This is probably the effect of modern statutes, providing that the seal on sealed instru- ments is onlj' presumptive evidence of considera- tion. In general, covenants, from their nature, are required to be expressed in the instrument by which they are created, but in certain excep- tional cases they are implied from the character of the instrument itself, as for example the cove- nants implied in a lease (q.v.). At common law, the form of action used to recover damages for breach of covenant was also known as covenant. Under modern codes of pro- cedure and jiractice acts, the action of covenant has become obsolete, the same office being per- formed by the various statutory forms of con- tract action. Covenants contained in the same instrument are said to be mulual, concurrent, or dependent. The covenants in an instrument are said to be nnitnal when ))erfnrniance by each of the parties entering into the I'ovenant is a condition of performance by the oilier, so that no action for breach of covenant will lie unless the [larty suing has tendered the performance of his covenant before bringing his action. An inde- pendent covenant is one which must be performed liy the covenantor, irrespective of the perform- ance of the coA'enantee's covenant in the same in- strument. Real corenants, or covenants which at early eonunon law bound the covenantor's heirs to the extent to hich they inherited real estate, are now of slight imjjortance, since all of the prop- erty of a deceased person may be subjected to the payment of his debts. See Administration. Covenants ivhich run ivitli the land is a term that embraces a special class of real covenants which relate to the use of real estate or require the covenantor to do something with reference to it. Their peculiarity is that any subsequent transferee of the real estate is entitled to the benefit of the covenant, and ma.y sue upon it, and that, in certain exceptional instances, when the covenant imposes a burden upon the owner of the real estate, the liability to perform the covenant passes to the transferee of the real estate. This is anomalous. See Assignment; Easement. Covenants for title, or covenants of warranty, are particular forms of covenants which run with the land, and are made by the grantor in a deed or instrument conveying real estate. The usual covenants of warranty are: "The -covenant of seisin (i.e. that the grantor is seized of the estate which he undertakes to convey) ; the covenant that the grantor has the right to conve.v; the covenant for quiet enjoyment (i.e. that the grantor will not interfere with the use or enjoyment of the real estate by his grantee) ; the covenant for further assurance ( i.e. that the grantor will make any further necessary conveyance to perfect his grantee's title) ; and the covenant of warranty, which binds the covenantee to warrant and defend the title against any one claiming under paramount title or interest in the real estate conveyed. Formerly the effect of these covenants was to require the covenantor or his heirs to give the grantee other lands in case the title proved to be defective. In modem practice the effect of breach of any covenant for title is to entitle the covenantee or his grantee to recover damages. Covenants for title, howeer, are not deemed to be broken until the gi'antee is actually disturbed in his possession. An important effect of cove- nants for title is to estop the grantor, and all claiming under or through him, from claiming thus conferring upon his grantee a title by estop- pel, as it is said. See Estoppel; Warranty. Covenants to stand sei.<:ed, formerly of great importance, were covenants by the owner of real estate to hold it to the use of, or in trust for, a relative. This covenant is of little importance in modern law. See Uses ; Trust. The terms 'affirmative.' 'negative,' 'joint,' and 'several' are applied to covenants, but are with-
 * iny interest in the title which he has warranted,