KFLCC Kingdom Law 2nd Ed.

432

EQUITY

EQUERRY

course of men with men,—the rule of doing to all others as we desire them to do to us; or, as it is expressed by Justinian, "to live hon estly, to harm nobody, to render to every man his due." Inst. 1, 1, 3. It is therefore the synonym of natural right or justice. But in this sense its obligation is ethical rather than jural, and its discussion belongs to the sphere of morals. It is grounded in the pre cepts of the conscience, not in any sanction of positive law. 2. In a more restricted sense, the word de notes equal and impartial justice as between two persons whose rights or claims are in conflict; justice, that is, as ascertained by natural reason or ethical insight, but inde pendent of the formulated body of law. This is not a technical meaning of the term, ex cept in so far as courts which administer equity seek to discover it by the agencies above mentioned, or apply it beyond the strict lines of positive law. See Miller v. Kennist on, 86 Me. 550, 30 Atl. 114. 3. In one of its technical meanings, equity is a body of jurisprudence, or field of juris diction, differing in its origin, theory, and methods from the common law. It is a body of rules existing by the side of the original civil law, founded on distinct prin ciples, and claiming incidentally to supersede the civil law in virtue of a superior sanctity in herent in those principles. Maine. Ana Law, 27. "As old rules become too narrow, or are felt to be out of harmony with advancing civiliza tion, a machinery is needed for their gradual enlargement and adaptation to new views of society. One mode of accomplishing this ob ject on a large scale, without appearing to dis regard existing law, is the introduction, by the prerogative of some high functionary, of a more perfect body of rules, discoverable in his ju dicial conscience, which is to stand side by side with the law of the land, overriding it in case of conflict, as on some title of inherent superiority, but not purporting to repeal it. Such a body of rules has been called 'Equity.'" Holl. Jur. 59. "Equity," in its technical sense, contradis tinguished from natural and universal equity or justice, may well be described- as a "portion of justice" or natural equity, not embodied in legislative enactments, or in the rules of com mon law, yet modified by a due regard thereto and to the complex relations and conveniences of an artificial state of society, and administer ed in regard to cases where the particular rights, in respect of which relief is sought come within some general class of rights en forced at law, or may be enforced without detri ment or inconvenience to the community; but where, as to such particular rights, the ordinary courts of law cannot, or originally did not, clearly afford relief. Rob. Eq. 4. In a still more restricted sense, it is a system of jurisprudence, or branch of re medial justice, administered by certain tri bunals, distinct from the common-law courts, and empowered to decree "equity" in the sense last above given. Here it becomes a complex of well-settled and well-understood rules, principles, and precedents. See Hamil ton v. Avery, 20 Tex. 633; Dalton v. Vander veer, 8 Misc. Rep. 484, 29 N. Y. Supp. 342; Parmeter v. Bourne, 8 Wash. 45, 35 Pac. 586;

actual cash value of property. The term is also applied to a similar process of leveling or adjusting the assessments of individual taxpayers, so that the property of one shall not be assessed at a higher (or lower) per centage of its market value than the prop erty of another. See Harney v. Mitchell County, 44 Iowa, 203; Wallace v. Bullen, 6 Okl. 757, 54 Pac. 974; Poe v. Howell (N. M.) 67 Pac. 62; Chamberlain v. Walter, 60 Fed. 792; State v. Karr, 64 Neb. 514, 90 N. W. 298. glish law % A knight. EQUILOCUS. An equal. It is mention ed in Simeon Dunelm, A. D. 882. Jacob. EQUINOXES. The two periods of the year (vernal equinox about March 21st, and autumnal equinox about September 22d) when the time from the rising of the sun to its setting is equal to the time from its set ting to its rising. See Dig. 43, 13, 1, & EQUITABLE. Just; conformable to the principles of natural justice and right. Just, fair, and right, in consideration of the facts and circumstances of the individual case. Existing in equity; available or sustaina ble only in equity, or only upon the rules and principles of equity. —Equitable action. One founded on an eq uity or cognizable in a court of equity; or, more specifically, an action arising, not im mediately from the contract in suit, but from an equity in favor of a third person, not a par ty to it, but for whose benefit certain stipu lations or promises were made. Cragin v. Lov ell, 109 U. S. 194, 3 Sup. Ct. 132, 27 L. Ed. 903; Thomas v. Musical Mut. Protective Un ion, 121 N. Y. 45, 24. N. E. 24, 8 L. R. A. 175; Wallis v. Shelly (C. a) 30 Fed. 748.— Equitable assignment. An assignment which, though invalid at law, will be recog nized and enforced in equity; e. g., an assign ment of a chose in action, or of future acquisi tions of the assignor. Holmes v. Evans, 129 N. Y. 140, 29 N. E. 233; Story v. Hull, 143 111. 506, 32 N. E. 265; First Nat. Bank v. Coates (C. O.) 8 Fed. 542. As to equitable "Assets," "Construction,'* "Conversion," "Defense," "Easement," "Eject ment," "Election," "Estate," "Estoppel," "Execution," "Garnishment," "Levy," "Lien," "Mortgage," "Title," and "Waste," see those titles. EQUITATURA. In old English law. Traveling furniture, or riding equipments, Including horses, horse harness, etc Reg. Orig. 1006; St Westm. 2, c. 39. EQUITY. 1. In its broadest and most general signification, this term denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the inter EQUERRY. An officer of state under the master of the horse. EQUES. Lat. In Roman and old En