EQUITY, in a moral sense, is the im partial distribution of justice. So, in an enlarged view, Blackstone observes :— " Equity, in its true and general mean ing, is the soul and spirit of all law ; positive law is construed, and rational law is made by it. In this, equity is sy nonymous with justice." In English ju risprudence, a court of equity or chan cery, is a court which corrects the opera tion of the literal text of the law, and supplied its defects, by reasonable con struction, and by rules of proceeding and deciding, which are not admissible in a court of law. Equity then, is the law of reason, exercised by the chancellor or judge, giving remedy in cases to which the courts of law are not competent. It will remove legal impediments to the fair decision o• a question depending at law. It will prevent a party from im properly setting up, at a trial, some title or claim which would be inequitable. It will compel him to discover, on his own oath, facts which he knows are material to the right of the other party, but which a court of law cannot compel the party to discover. It will provide for the safety of property in dispute pending litigation.
It will counteract, or control, or set aside, fraudulent judgments. It will also exer cise, in many eases, exclusive jurisdic tion ; particularly in granting special re lief beyond the reach of the common law. It will grant injunctions to prevent waste or irreparable injury, or to secure a settled right, or to prevent vexatious litigations, or to compel the restitution of title deeds; it will appoint receivers of property, where it is in danger of mis application ; it will prohibit a party from leaving the country in order to avoid a suit ; it will decree a specific performance of contracts respecting real estates; it will, in many cases, supply the imperfect execution of instruments, and reform and alter them according to the real intention of the parties; it will grant relief in cases of lost deeds and securities; and, in all cases in which its interference is asked, its general rule is, that he who asks equity must do equity. In short, its ju risdiction is almost undefined, where the positive law is silent, hut substantial jus tice entitles the party to relief.