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ON THE

PRESENT LAWS OF ENGLAND

BY

THOMAS BRETT,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW;

LL.B. LONDON UNIVERSITY;

B.A., LATE SCHOLAR AND STUDENT OF TRINITY COLLEGE, DUBLIN; EXHIBITIONER IN
REAL PROPERTY AND EQUITY; HOLDER OF THE FIRST CERTIFICATE OF
HONOUR, MICHAELMAS, 1869;

JOINT AUTHOR OF CLERKE AND BRETT'S CONVEYANCING ACTS; AUTHOR of
BRETT'S BANKRUPTCY ACT, 1883,

AND OF LEADING CASES IN MODERN EQUITY; AND LATE LECTURER IN EQUITY TO
THE INCORPORATED LAW SOCIETY.

Second Edition.

IN TWO VOLUMES.-VOL. II.

LONDON:

WILLIAM CLOWES AND SONS, LIMITED,

27, FLEET STREET, E.C.

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CONTENTS OF VOL. II.

Definition of-How created and transferred-Provisions of Statute of
Frauds as to trusts-Who may be trustees-Provisions of Married
Women's Property Act, as to---Division of trusts-Express-Implied
-Constructive-Executed-Executory - Precatory-Resulting -
Doctrine of advancement-Devises and bequests on trust Trustees'
investments-Provisions of the Trustee Act, 1888, and the Trust
Investment Act, 1889—Trusts for benefit of creditors-Effect of an
administration judgment against trustees-Provisions of the Convey-
ancing Act, 1881, with regard to trusts-Law as to "following'
trust property-Rule of Howe v. Lord Dartmouth-Limitation of
actions against trustees-The appointment of new trustees and pro-
visions of the Conveyancing Acts with reference to the devolution of
trust property and the appointment of new trustees, &c.—Removal of
trustees-The law as to trusts for the benefit of charities considered-
The doctrine of cy-près
509-540

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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

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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

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

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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

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