son for refusing a specific performance as against the vendee. (c) But if the parties have not an adjudged remedy at law, the vendor may be considered as trustee for whoever may become purchasers under a sale by order of the court, for the benefit of the vendee. (d) Under what circumstances a specific performance will or will not be decreed. (e) A bill to obtain a specific performance, and of an alledged agreement to receive a quantity of cotton at a specified price, in satisfaction of certain judg ments at law, dismissed under the circumstances of the case. In England the courts of equity will not generally entertain a bill for specific performance of contracts for the sale of chattels, or merchandize, but leave the parties to their remedy at law. (ƒ) A bill to obtain a conveyance of a tract of land in Kentucky, held by the defendants as the property of the original grantee, confiscated to the state, and claimed by the plaintiffs, under an equity arising from the sale made by the original grantee of another tract of land, to which it was alledged he previously supposed himself legally entitled, under the same warrant and survey, dismissed. (g) It is an universal rule in equity that he who asks for a specific performance, must be in a condition to perform himself, therefore in a suit for a specific performance of a contract, by conveying lands in Ohio, stipuulated to be conveyed as the consideration for other lands sold in Kentucky, it was held that the vendor (c) 1 Wheat. 198: (f) Ibid, 154. note, Barrv. Lapsley. (g) The Trustees of Transylvania University, 1 Wheat. 432. being unable to make a title free from encumbrances to the lands sold in Kentucky, was not entitled to a decree for specific performance. (h) Vendee not obliged to take a defective title, but may elect to have compensation, by deduction from the purchase money, in case of a mistake or misrepresentation as to the quantity or quality, or the estate of the vendor in the property sold, and a specific performance as to the residue. (*) How much time is material in the enforcing a specific performance. (j) In what cases the court will direct an issue of quanlum damnificatus, or a reference to a master, to ascer tain the damages, where a specific performance is required, but the party is entitled to damages. (k) In order to obtain a specific performance of a cons tract, its terms should be so specified that neither party can reasonably misunderstand them. If the contract be vague and uncertain, or the evidence to establish it be insufficient, a court of equity will not: enforce it, but will leave the party to his legal remedy.(1) The plaintiff who seeks for a specific performance... of an agreement, must show that he has performed, or offered to perform on his part, the acts which formed the consideration of the alledged undertaking on the part of the defendant. (m) Cases where a court of equity will not claim the specific performance of agreements, for want of cer-i tainty. (n) The court will, if practicable, execute an uncertain agreement, by rendering it certain. (o) This court has special jurisdiction given it by sẽveral acts of the legislature in extension of its powers. By the act of 5th of April, 1815, the chancellor may permit a corporation in certain cases to sell real estate. (p) By the act of the 13th of April, 1813, he may direct the mode of trial in cases of adultery. (q) By the act of the 25th of January, 1814, he is to receive and report certain revenue in cases of religious corporations acquiring additional property. (r) By the act of the 9th of April, 1814, he may direct sales to be made of the real estate of infants for their maintainance in certain cases and the specific performance of contracts relative to lands. (s) By the act of the 24th of April, 1815, he may direct the sale of lands, and appoint guardians for infants. (†) By the act of the 17th of April, 1815, he is authorized to make orders relative to the custody and education - of children on the separation of their parents. [u] By the act of the 2d of April, 1814, he may cause the minutes of the court to be transcribed. [v] By the act of the 15th of April, 1814, he may cause an additional seal for the Middle District. [n] By the act of the 15th of April, 1814, he is authorized to designate taxing masters. idem. [x] (o) Ibid. (P) 2 R. L. 218. s 11. (q) 2 R. L. 197. 1 K. & R. 93. (r) 3 R. L. b. 7. 1 K. & R. 542. s. 9. V. N. & W. 2. 217. (8)3R. L. c. 103. s. 1. By the act of the 10th of April, 1813, he is authorized to prescribe the form of the process to be used in his court. (x) How to proceed where the chancellor is a party to a suit. (y) By the act of the 10th of April, 1813,sec. 17. the chancellor is authorized to appoint commissioners to take affidavits. (8) I. II. OFFICERS OF THE COURT. Special Contents. Chancellor, salary, appointment, &c. &c. Masters of the court, their appointment and duties. III. Register and assistant Register, appointment, &c. 2. Duties of the assistant Register. 3. Records and papers to be left with the Re- 4. Where the offices of Register and assistant 5. When final decrees are to be made up.' 6. Duty of the Register and assistant Register in 7. Their attendance on the court. 8. Attachments and other process filed with them. 9. Deposits and payments of money made to them. IV. Clerks of the court, their appointment and duties. 1. To keep a folio register V. 2. Clerks and examiners to deposit original plead ings with the Register and assistant Register. Examiners, their appointment and duties. 1. To administer oaths, take affidavits. (x) 1R. L. 487. s. 2. (y) 1 R. L. 487. s. 3' (z) 1R. L. 492 s. 17. 2. In case of death or removal from office, papers to be delivered to the Register. VI. Sheriffs declared officers of the Court. VIII. Solicitors, terms of their admission to practice. 2. Appointment of agents to be in writing. 3. Register and assistant Register to have the 4. Services on the agent, when valid. 5. When the services are on the agent or clerk 6. Services on agents or solicitors residing more 7. Persons competent to defend or prosecute a 1 The appoint ure fice, of the THE chancellor is appointed by the Council of Ap ment and ten-pointment, and holds his office during good behaviour, chancellor's of and until he attains the age of sixty years; he receives a salary of four thousand five hundred dollars per ann. ; he can receive no fees or perquisites for any thing done by virtue of his office. (a) 2 court, their ap The masters are very important officers of the court, Masters of the and if in appointments nothing was regarded but a due pointment and administration of justice, none but men of experience, judgment, and professional learning, would be appoint duties. (a) 1 R. L. 39. s. 24. & 289. s. 8. |