Page:United States Statutes at Large Volume 47 Part 1.djvu/1359

 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . 3. By declaring and determining the rights of parties, otherwise than by an award of damages. SEC. 1630. PREVENTIVE RELIEF, HOW GIVEN .-Preventive relief is given by prohibiting a party from doing that which ought not to be done. CROSS REFERENcE Preventive relief, generally, see sections 1652 ct seq . SPECIFIC RELIEF POSSES SION O F PER SONAL PROPE RTY in sections 1635 t o 1640, the specific performance of an obligation may be compelled. CRO SS REUMENCES SEC. 1635. NO REMEDY UNLESS MUTUAL .-Neither party to an obli- gatio n can be c ompe lled speci fica lly t o per form it, unles s the oth er party thereto has performed, or is compellable specifically to per- form, everyt hing to which the former is entitled under the same obligation, either completely or nearly so, together with fu ll com- pensation for any want of entire performance. Cnoss REFERENcE 1335 Preventive relief, how given. Post, p. 1338. Not granted to en- SEC. 1631 . NOT TO ENFORCE PENALTY, AND SO FORTH .-Neither spe- force penalty, etc. cific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case. Specific relief. Possossion of sonal property. SEC. 1632. JUDGMENT FOR DELIVERY .-A person entitled to the imme- Judgm ent for de • diate possession of specific personal property may recover the same Lvery . in the manne r pro vided by th e Code of Civil Procedure. SEC. 1633. SPECIFIC DELIVERY .-Any person having the possession Specific delivery. or c o nt r o l o f a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. Specific performance of obligations. SPECIFIC PERFORMANCE OF OBLIGATIONS Cross REFERENCe Specific performance of contract to deliver specifie or ascertained goods, see section 664. SEC. 1634. •SPECIFIC PERFORMANCE.-Except as otherwise provided 'hea .grantEd. Ante, p.1210. Speci fically en forcin g rev ise d contract, see section 1644. Post, p.1337_ Sp eci fi c perform ance, see se ctions 1638 and 1640. Post, p. 11136. Performance by pa rties seeking execut ion, compare with se ction 1640. Post, p. 1336. SEC. 1636. CONTRACT SIGNED BY ONE PARTY ONLY, MAY RE ENFORCED Contract signed by one party only, may be BY OTHER .-A party who has signed a written contract may be coin- en force d by other. gelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific per- formance. SEC. 1637 . LIQUI DATIO N OF DAMAGE S NOT ABARTO SPECIFIC PER- Liquidation of dam- agesnotabartospe. FORMANCE .-A contract otherwise proper to be speci fica lly enfo rced, cdi cper form ance c may be thus enfor ced, t hough a pen alty is imp osed, or th e dam ages are liquidated for its breach, and the party in defaul t is willing to pay the same. per- Mutualiiyofremedy.