FREE BOOKS

Author's List




PREV.   NEXT  
|<   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311  
312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   >>   >|  
of chancery was commonly divided into _exclusive_, _concurrent_ and _auxiliary_. Chancery had exclusive jurisdiction when there were no forms of action by which relief could be obtained at law, in respect of rights which ought to be enforced. Trusts were the most conspicuous example of this class. It also included the rights of married women, infants and lunatics. Chancery had concurrent jurisdiction when the common law did not give _adequate_ relief, e.g. in cases of fraud, accident, mistake, specific performance of contracts, &c. It had auxiliary jurisdiction when the administrative machinery of the law courts was unable to procure the necessary evidence. The Judicature Act 1873 enacted (S 24) that in every civil cause or matter commenced in the High Court of Justice, law and equity should be administered by the High Court of Justice and the court of appeal respectively, according to the rules therein contained, which provide for giving effect in all cases to "equitable rights and other matters of equity." The 25th section declared the law hereafter to be administered in England on certain points, and ordained that "generally in all matters not hereinbefore particularly mentioned in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail." The 34th section specifically assigned to the chancery division the following causes and matters:--The administration of the estates of deceased persons; the dissolution of partnerships, or the taking of partnership, or other accounts; the redemption or foreclosure of mortgages; the raising of portions, or other charges on land; the sale and distribution of the proceeds of property subject to any lien or charge; the execution of trusts, charitable or private; the rectification, or setting aside, or cancellation of deeds or other written instruments; the specific performance of contracts between vendors and purchasers of real estates, including contracts for leases; the partition or sale of real estates; the wardship of infants and the care of infants' estates. The chancery division originally consisted of the lord chancellor as president and the master of the rolls, and the three vice-chancellors. The master of the rolls was also a member of the court of appeal, but Sir George Jessel, who held that office when the new system came into force, regularly sat as a judge of
PREV.   NEXT  
|<   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311  
312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   >>   >|  



Top keywords:

estates

 

equity

 
contracts
 

infants

 

rights

 
chancery
 
matters
 
jurisdiction
 

section

 

master


common
 

specific

 

administered

 
Justice
 
matter
 
appeal
 
performance
 

Chancery

 

division

 
relief

concurrent

 

auxiliary

 

exclusive

 

proceeds

 

assigned

 
distribution
 

subject

 

property

 

specifically

 

charges


taking

 

raising

 
mortgages
 

partnership

 

accounts

 

foreclosure

 

partnerships

 
dissolution
 

redemption

 

administration


deceased

 

persons

 

portions

 

partition

 

member

 
George
 
chancellors
 

chancellor

 

president

 

Jessel