Commentaries on the Present Laws of England

CHAPTER XIII.

ELECTION.

Circumstances under which election arises and principle on which the law

is based, stated, and illustrated-Summary of the law by Jessel, M.R.

-The doctrine of election applies to property of every kind, to instru-

ments of every description, and to powers of appointment 667-670

CHAPTER XIV.

DEALINGS WITH REVERSIONERS.

Provisions of the Sales of Reversions Act, 1868-Leading cases on the

subject of dealings with reversioners considered-Terms on which

dealings with reversioners are usually set aside-When impeachable

transactions may and may not be confirmed

CHAPTER XV.

DONATIO MORTIS CAUSA.

671-675

Definition of donatio mortis causâ The various essentials to the validity

of a donatio mortis causâ—In what respects a donatio mortis causâ

resembles a legacy, and differs from a gift inter vivos-Respects in

which a donatio mortis causâ differs from a legacy-Provisions of the

Customs and Inland Revenue Acts, 1881 and 1889-Cases in which

donationes mortis causâ have been held valid and invalid

CHAPTER XVI.

SURETYSHIP.

676-679

Rights of surety in respect of disclosure Doctrine of contribution-

Law as to discharge of surety stated and illustrated-Reservation of

rights of surety-Provisions of the Mercantile Law Amendment Act,

1856 Recent cases- -Rights of surety to the Crown

CHAPTER XVII.

PENALTIES AND FORFEITURES.

680-684

Principle on which the Court proceeds in relieving against penalties-

Summary of the law as to "penalty" and "liquidated damages"-

Principle that the law will not excuse performance of the covenant on

payment of the penalty considered and illustrated-Relief against

penalties Provisions of the Conveyancing Act, 1881, and the Settled

Land Act, 1882, as to forfeitures ..

685-689

CHAPTER XVIII.

BUSINESS SPECIALLY ASSIGNED BY STATUTE TO THE CHANCERY DIVISION.

The term "statutory jurisdiction" considered-Applications under 6 Anne,

c. 18, for production of cestui que vie-Provisions of the Fines and

Statement of the principle on which the jurisdiction of the Court is based
-By whom proceedings for administration may be commenced-Great
changes in the law and practice with regard to administration

CHAPTER IV.

PARTITION.

547-554

State of the law before the Partition Act of 1868-Statement of the

principal provisions of the Partition Act of 1868 (31 & 32 Vict. c. 40),

and the Partition Act, 1876 (39 & 40 Vict. c. 17), and review of the

principal decisions thereon..

555-558

CHAPTER V.

MORTGAGES-CHARGES-LIENS.

General principles of the Court as to foreclosure and redemption-Change
in form of judgment-Present form of judgment-Relief now obtained
by originating summons-Form of summons-
-Not applicable where
personal judgment sought-Form of order-Period for redemption—
Account against mortgagee in possession-Final judgment, nature of
-Opening foreclosure-No power to add to judgment-Parties to
action-Mortgagee's costs-Real Property Limitation Act-Doctrine
of vendors' lien for unpaid purchase-money-To what property it
extends - How it is lost-Purchaser's lien for prematurely paid
purchase-money-When it arises-Form of order declaring charge-
Who is entitled to redeem-Law as to tender of amount due
Provisions of Conveyancing Act with reference to mortgages

559-571

CHAPTER VI.

SPECIFIC PERFORMANCE.

Specific performance of a contract defined-Principal grounds on which

the Court grants or declines to enforce specific performance stated—

The jurisdiction discretionary-General rule that mutuality of obliga-

tion is necessary-The fourth section of the Statute of Frauds-Cases

in which contracts not in writing may be specifically enforced-The

law as to part performance considered-“ Estoppel by representa-

tion"-Law as to voluntary settlements-Specific performance with

compensation-Law as to penalties-General rule that no damages

given for loss of bargain in contracts for sale of land-Law as to

contracts contained in a series of letters-Summary of law as to

description of the parties to a contract-Parol evidence of mistake-

Power of the Court to rectify a written agreement and grant specific

performance in the same action-Principle that equity acts in

personam-Law as to time being of the essence of the contract-Agree-

ments to compromise-Who must be parties to an action for specific

performance-Jurisdiction of the Court on Summons under section 9

of the Vendor and Purchaser Act, 1874-Practice-Authorities on

the subject of specific performance
572-587

CHAPTER VII.

INJUNCTION.

Definition of injunction-Changes introduced into practice by the Judi-
cature Act-Divisions of injunctions into interlocutory, final, pro-
hibitive, mandatory-Provisions of the 25th section of the Judicature
Act, 1873, and decisions thereon-The law as to injunctions considered
with reference to-Letters-Libel-Light-Mortgage-Nuisance-
Patent-Photographs-Restraint of trade-Restrictive covenants-
Specific performance-Trustees-Waste-Forms of notice of motion
and order for injunction-Reference to authorities-Law as to clubs

CHAPTER VIII.

RECTIFICATION.

588-599

Principle upon which the Court proceeds in rectifying instruments-Effect

of the authorities summed up by Mr. Kerr-The law as to rectification

in cases of marriage articles and marriage settlements, and as to

voluntary and disentailing deeds-Evidence required in cases of

rectification and practice relating thereto..
600-603

CHAPTER IX.

INFANTS.

Provisions of Judicature Act and Rules with regard to infants-Who are

infants?—The law with regard to infants considered under the four

heads of (1) Actions by and against infants; (2) The property of

infants; (3) The guardianship, custody, and religious education of

infants; (4) The marriage of infants and the settlement of their

The Partnership Act, 1890-Heads under which the subject of partnership
is treated in the Act-Definition of partnership-Rules for deter-
mining the existence of partnership, &c.—Essentials of partnership—
Different kinds of partnerships-Ostensible-Nominal-Dormant———
Sub-partnerships-Relations of partners to persons dealing with them
-Power of partner to bind firm, &c.-The liability of the firm for

wrongs-Solicitors as partners-Persons liable by "holding out"

Admissions and representations of partners-Notice to acting partner

to be notice to the firm-Liabilities of incoming and outgoing partners

-Revocation of continuing guaranty by change in firm-Novation—

Partnership articles-Variation by consent of terms of partnership—

Partnership property-Property bought with partnership money-

Conversion into personal estate of land held as partnership property-

Procedure against partnership property for a partner's separate judg-

ment debt-Rules as to interests and duties of partners subject to

special agreement-Expulsion of partner-Retirement from partner-

ship at will-Where partnership for term is continued over, continu-

ance on old terms presumed-Duty of partners to account, &c., and