Twelfth. It is to the vigilant and not to those who sleep upon their rights, that Equi ty leads assistanee-vigilantibus et non dor nvientibus equitas subveriit. This is a mere adaptation or limitation of the general max im, vigilantibus et non dormientibus Jura (or leges) subveniunt.
Thirteenth. Equity acts in personam and not in rem. As a result of this principle, jurisdiction of the person gives power to affect by the decree property outside the jurisdiction ; Wilhite v. Skelton, 149 Fed. 67, 78 C. C. A. 635; Massie v. Watts, 6 Cra. (U. S.) 159, 3 L. Ed. 181; Carpenter v. Strange, 141 U. S. 105, 11 Sup. Ct. 960, 35 L. Ed. 640; Selover, Bates & Co. v. Walsh, 226 U. S. 112, 33 Sup. Ct. 69, 57 L. Ed. 146. 'this power was notably exercised in the great case of Penn v. Lord Baltimore, 1 Ves. 444, where the Chancellor made a decree for the specific performance of a contract relating to land in the colonies.
Fourteenth. Equity delights to do justice and not by halves.
Most of these maxims are given by Francis or Story and all but the first and last by Indermaur and Pomeroy; all of them are recognized and stated by approved writers on Equity and they are here collected as in cluding all those principles which have been by competent authority selected as funda mental and designated as maxims of equity.
Story only enumerates the first six, and of those he states the first, not as a maxim strictly so termed, but as a doctrine of equi ty. The last one is given by Story in his Eq. PI. § 72, where he quotes it from Talbott, Ld. Ch., In 3 P. Wms. 331.
Francis sets out fourteen maxims, as he terms them, but those numbered by him VII, VIII, IX, XI, XII, inclusive, are riot stated supra, because they are mere statements of equitable rules of decision, or doctrines, rather than maxims. These, briefly stated, are that he who received the benefit should make, and he who sustained the loss should receive, satisfaction ; Francis, Max. IV & V; that equity relieves against accidents, pre vents mischief and multiplicity of suits; id. VII, VIII, IX ; and that equity will not suf fer a double satisfaction nor permit advan tage to be taken of a forfeiture when satis faction can be made; id. XI, XII.
To the above authorities reference may be made for the cases which gave early expres sion to these maxims, which have been so universally recognized as fundamental that, except in a few cases of special application or limitation, the citations are omitted.