...8. < /. I. (.11. ' dt arjuitgte. §. 3. all cafes cannot be forefeen or expreffed, it is neceffary, that when the general decrees of the law come to be applied to particular cafes, there fhould be fomewhere a power vefted of defining thofe circumflances, which (had they been...

...deficient." For fmce in laws, all cafes '' cannot cannot be forefeen or exprefled, it is neceflary that when the general decrees of the law come to be applied to particular cafes, there mould be fomewhere a power veiled of defining thofe circumftances which, had they been...

...general, in Rotherforth's Inftitutes of Nati"al Law, bzc 7. ites of Natval Law, b. 2. c. 7. F 4 when •when the general decrees of the law come to be applied to particular cafes, there fhould be fomewhere a power vefted of defining thofe circumftances, which (had they been...

...universality) is deficient." For Cnce in laws all cafes cannot be forcfi-en or expreffed, it is neceffary, that, when the general decrees of the law come to be applied to particular cafes, there Of ihould be fomewhere a power veiled of defining thofe ' circumitances, which (had they...

...univerfality) is deficient." For fince in laws z\\ cafes cannot be forefeen or exprefled, it is neceffary, that when the general decrees of the law come to be Applied to particular cafes, there Ihould be fomewhere a power vetted 1 /. i. t. II, ' .:..-, j:.::j:-. § }. (•}) See...

...the reason of them, arises what we call equity ; which is thus defined by Grotius1", "the correction of that, wherein the law (by "reason of its universality) is deficient." For since [62] in laws all cases cannot be foreseen or expressed, it is necessary, that when the general decrees...

...Equity," (says this author, vol. i. Introd. § 2.) " is " thus defined by Grotius, " The correc" tion of that wherein the law, by reason of ** its universality, is deficient." — " Equity " thus depending," (he adds), " essentially ** upon the particular circumstances of each...

...common law ; considering the intention rather than the words of the law ; equity being the correction of that wherein the law, by reason of its universality, is deficient. On this ground, therefore, to maintain a suit in chancery, it is always alleged that the plaintiff...

...ne. cessary under all governments, for cor. rection, as our Blackstone expresses it after Grotius, ' of that wherein the law, by reason of its universality is deficient.' But in our constitution alone has the ad. vantage grown of a separation of the two powers ; limiting...

...lands, and goods. CHAPTER XV. Of Proceedings in the Courts of Equity. EQUITY, being the correction of that wherein the law, by reason of its universality, is deficient, should not therefore interfere, where relief may be had by the ordinary course of law. u. JEquitas...