Most of the positions advanced as law in these pages, will, it is apprehended, be found to be fully warranted by the authorities cited in confirmation of them. But in some instances, depending rather on a train of reasoning for the conclusion arrived at, than admitting a justification by any precise case in point, the Author has, with much diffidence, submitted his own opinion. As his remarks are easily distinguishable from the propositions sanctioned by judicial determination, and will be estimated in proportion only to their intrinsic worth, no danger can accrue to the student from their perusal. He may adopt or repudiate them as his better judgment may suggest.

The selection of the Particular express Covenants treated of in Part the Third, was necessarily a matter of discretion. Those only have been introduced which the Author considered most serviceable for practice. The several particular covenants usually inserted in Apprenticeship deeds, Charter-parties, Partnership deeds, Marriage Settlements, &c., except so far as they tended to illustrate the general doctrines of the law of covenants, have not been noticed. Each of those subjects would, if fully discussed, be sufficient of itself to fill a volume. Covenants to stand seised, being but a mode of as

surance, and now almost obsolete, are also omitted.

Bare abstract propositions, even if not likely to mislead, do not appear to afford the best means of imparting instruction. Unaccompanied and unsupported by the circumstances from which they are deduced, they leave upon the mind but a feeble impression of their effect, and are apt to occasion obscure and confused ideas: the student is left to the resources of his own imagination, or to the tedious process of examining a lengthy case, (supposing he has the report at hand,) to ascertain the reasons of the judgment of the court. In order to obviate these inconveniences, and to furnish a more ready solution of doubts, the Author has, in many instances, framed such a condensed narration of principal facts as he thought most likely to promote the object he had in view, namely, simplification and practical utility. On the other hand, to avoid prolixity, he has taken great pains to divest the statements of all unnecessary detail.

Every one must have experienced the trouble of tracing the same case through the several contemporary books of reports, especially those of the early writers its identity being often difficult to be dis

covered, sometimes from orthographical inaccuracies, at others, from the total alteration of names. These variations in name, and the different publications in which the same case is to be found, are particularized in the notes.

The result of his exertions the Author now offers to the profession, with an assurance that no diligence has been spared to render the work as useful as possible. He has only to add, that if the information and advantage to be derived from the perusal of it be in proportion to the time, labour, and anxiety bestowed on its production, his most sanguine expectations will be realized, and his highest ambition attained.

1, New Square, Lincoln's Inn,

24th August, 1829.

ANALYSIS.

PART THE FIRST.

OF THE NATURE AND KINDS OF COVENANTS, AND OF THE PARTIES THERETO.

CHAP. I.-OF THE NATURE OF COVENANTS

CHAP. II.-OF THE SEVERAL KINDS OF COVENANTS.

Page 3

19

ib.

21

ib.

ib.

ib.

ib.

25

27

28

SECT. V.-Dependent — Concurrent — and Mutual, or

Independent; and herein of the distinction between covenants and conditions.. 1. Where the mutual covenants go to the whole of the consideration on both sides 2. Where the act in consideration of which the money is to be paid precedes the day of payment

55

60

66

ib.

69

70

80

83

CHAP. III.-OF THE PERSONS BY AND WITH WHOM CO

of the parties.

SECT. II.-With reference to the number and connexion

Of covenants several-joint-and joint and se

115