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
not to compete with firm-Dissolution by expiration or notice-Dis-
solution by bankruptcy, death, or charge-Dissolution by illegality of
partnership-Dissolution by the Court-Rights of persons dealing
with firm against apparent members of firm-Right of partners to
notify dissolution-Continuing authority of partners for purposes of
winding up-Rights of partners as to application of partnership pro-
perty-Return of premium-Apportionment of premium where
partnership prematurely dissolved-Rights where partnership pre-
maturely dissolved for fraud or misrepresentation-Right of out-going
partner in certain cases to share profits made after dissolution-Retiring
or deceased partner's share to be a debt-Rule for distribution of
assets on final settlement of accounts-Injunction and receiver-
Nature of partnership-Reference to authorities..
614-634

CHAPTER XI.

COMPANIES.

Great distinction between companies and partnerships-Formation and
registration of companies-Memorandum and articles of association—
The Companies (Memorandum of Association) Act, 1890-Law as to
promoters-Position of directors considered-Directors' Liability Act,
1890-Liability of members-Capital-Transfers of shares, and effect
of death of shareholders-Forfeiture and surrender of shares-Different
modes in which joint stock companies may be wound up and matters
connected therewith-Companies (Winding-up) Act, 1890-Settling
lists of contributories-Sections of Companies Acts which are of
paramount importance in winding up companies-Statutes relating to
joint stock companies and reference to authorities-Sketch of the law
relating to friendly and building societies..
635-660

CHAPTER XII.

SATISFACTION AND PERFORMANCE.

Definition of satisfaction-In what cases it arises-Principles on which the
Court proceeds stated and illustrated by leading cases-Satisfaction
of debts by legacies-Distinction between satisfaction and performance
-Illustrations of performance
661-666

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

CHAPTER XIV.

DEALINGS WITH REVERSIONERS.

667-670

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.

Rights of surety in respect of disclosure

-

676-679

- 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 .. 680-684

CHAPTER XVII.

PENALTIES AND FORFEITURES.

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

CHAPTER III.

ADMINISTRATION.

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

547-554

CHAPTER IV.

PARTITION.

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
588-599

CHAPTER VIII.

RECTIFICATION.

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

property
604-613

CHAPTER X.

PARTNERSHIP.

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

not to compete with firm-Dissolution by expiration or notice-Dis-

solution by bankruptcy, death, or charge-Dissolution by illegality of

partnership Dissolution by the Court-Rights of persons dealing

with firm against apparent members of firm-Right of partners to

notify dissolution-Continuing authority of partners for purposes of

winding up-Rights of partners as to application of partnership pro-

perty-Return of premium-Apportionment of premium where

partnership prematurely dissolved-Rights where partnership pre-

maturely dissolved for fraud or misrepresentation-Right of out-going

partner in certain cases to share profits made after dissolution-Retiring

or deceased partner's share to be a debt-Rule for distribution of

assets on final settlement of accounts-Injunction and receiver—

Nature of partnership-Reference to authorities..

614-634

CHAPTER XI.

COMPANIES.

Great distinction between companies and partnerships-Formation and

registration of companies-Memorandum and articles of association—

The Companies (Memorandum of Association) Act, 1890-Law as to

promoters-Position of directors considered-Directors' Liability Act,

1890-Liability of members-Capital-Transfers of shares, and effect

of death of shareholders-Forfeiture and surrender of shares-Different

modes in which joint stock companies may be wound up and matters

connected therewith-Companies (Winding-up) Act, 1890-Settling

lists of contributories-Sections of Companies Acts which are of

paramount importance in winding up companies-Statutes relating to

joint stock companies and reference to authorities-Sketch of the law

relating to friendly and building societies..
635-660

CHAPTER XII.

SATISFACTION AND PERFORMANCE.

Definition of satisfaction-In what cases it arises-Principles on which the

Court proceeds stated and illustrated by leading cases-Satisfaction

of debts by legacies-Distinction between satisfaction and performance

-Illustrations of performance
661-666