of the land, as a creditor by recognizance. Equitable mortgages are created either by a written instrument or by a deposit of deeds with or without writing. A mortgage of personal property is a transfer of the ownership itself, subject to be defeated by the performance of the condition within a certain time. But a pledge only passes the possession, or at most a special property to the pledgee, with a right of retainer till the debt is paid or the engagement is fulfilled.

Liens in Equity are wholly independent of the possession of property. The usual way of enforcing a lien in equity, if not discharged, is by a sale of the property to which it is attached. The usual kinds of equitable lien are those of a solicitor for costs, of a joint tenant for the expenses of the renewal of a lease, and of a trustee on the trust estate for his expenses.

In several cases of apportionment and contribution assistance may be had at law. But even in these cases it may be necessary to resort to equity, instead of proceeding at law, in order to avoid a multiplicity of suits. An apportionment may be made either of a benefit, or of an incumbrance, loss, expense, or liability; and in the case of an apportionment of the latter class, a corresponding contribution is enforced consequent on such an apportionment. The most usual cases of apportionment are between different persons having distinct limited interests in an estate which is under mortgage or in a leasehold state which is renewed, or between sureties, or in questions of general average.

Election and satisfaction are two other subjects of adjustive equity. Election is the choice between two rights by a person who derives one of them under an instrument in which a clear intention appears that he should not enjoy both. The instances in which courts of law have put a person to his election are cases of title, which, by reason of their inconsistency, are technically incapable of simultaneous assertion; as in the case of a claim under and against his landlord. The doctrine of election arises in equity, in cases where a grantor, or more commonly a testator, gives

away, either knowingly or by mistake, that in which he has no interest, or the whole of that in which another person besides himself has an interest, and in the same instrument makes a gift of other property to the owner of the property so given away, or to the person entitled to such interest. In such cases the owner of such property, or the person entitled to such interest, cannot both take the gift and retain his own property or interest; but, if he takes the gift, he must resign his own property or interest. On the other hand, if he elects to hold his own property or interest, or, as the phrase is, if he elects against the instrument, he cannot have the gift; or at least he cannot have the entire gift without compensating the party to whom he has disappointed by electing to take his own property.

Satisfaction may be defined to be the making of a donation with the express or implied intention that it shall be taken as an extinguishment of some claims which the donee has upon the donor.

Equitable claims of satisfaction usually arise in three classes of cases :

1. In cases of portions secured by a marriage settlement.

2. In cases of portions given by a will, and an advancement of the donee afterwards in the testator's life time.

3. In cases of legacies to creditors.

Partnership disputes; adjustments in cases of debtor and creditor, or of creditors and sureties; cases of setoff; damages and compensation and partition; the settlement of boundaries, and the assignment of dower are also important heads of Adjustive Equity.

Protective Equity.

Under this head are comprised cases of:

1. Protection from litigation or injury, afforded by cancelling, delivering up, and securing of documents.

2. Protection from litigation respecting the property of another by means of interpleader.

3. Protection from repeated or renewed litigation, or from unjust legal proceedings afforded by decrees upon bills of peace or bills to establish wills and by injunctions.

4. Protection from loss or injury, in other cases by injunction.

5. Protection from another's absconding by the writ of Ne Exeat Regno.

6. Protection of property, by taking away the possession or receipt thereof, or by requiring security.

7. Protection of infants by the removal of children from their parents, the appointment or removal of guardians, the direction of a suitable maintenance where the infant is a ward of court, or the interdiction of the marriage of a ward of the court without its consent.

8. Potection of persons of unsound mind.

9. Protection of married women by enforcing contracts recognized in equity, and made between them and their husbands before or after marriage, in regard to their pin-money and paraphernalia of wives, their separate estate, or their equity to a settlement or maintenance out of their own property, or by enforcing deeds for immediate separation, so far as the principles acted on by the court, permit.

Auxiliary Equity.

Under this head are comprised:

1. Discovery in aid of a suit or defence in another

court.

2. The taking and preservation of testimony in aid of a suit or defence in another court as by bill to perpetuate testimony, or by bill to take testimony de bene esse.

EQUITY PLEADING AND PRACTICE.

Proceedings in the Court of Chancery are either by way of information by the Attorney-General or other proper officer, by bill in the nature of a petition to the Lord Chancellor, or without bill as by claim, summons, or special case.

The suit is by way of information when it is instituted on behalf of the Crown, or of those who partake of its prerogative, or whose rights are under its particular protection, as the objects of a public charity. In all informations to enforce private rights, the proceedings are carried on in the name, and under the direction of a relator, who is answerable for the propriety, conduct, and costs of the suit. In all substantial respects however, an information is like a bill.

By parties not partaking of the prerogative of the Crown, a bill is the usual method of commencing proceedings in Chancery. A bill consists of six parts: 1. The title of the court; 2. The names of the parties to the suit; 3. The address to the Lord Chancellor or the holders for the time being of the Great Seal; 4. The name, occupation and address of the plaintiff; 5. A concise statement, divided into paragraphs, of the material facts on which the plaintiff relies, and concluding with a prayer for the particular relief required, and for general relief; 6. The names of the defendants and the signature of the counsel who drew the bill.

The objects for which a bill is filed are usually relief and discovery, and in some cases injunction.

The bill is then printed and filed, and copies served upon the defendants. In cases of despatch, as where a bill prays a writ of injunction, or of ne exeat, or is filed for the purpose either solely or amongst other things, of making an infant a ward of court, a written copy may be filed: in these cases, a printed copy must be filed within fourteen days, otherwise the written copy will be taken off the file, and the suit must be recommenced. On the bill for service is an endorsement either in writing or print, commanding

the defendant within eight days after service, exclusive of the day of such service, to cause an appearance to be entered for him in the office of the clerks of records and writs. Should the defendant appear, an appearance in a required form is entered in the office, and notice given to the plaintiff. If however, the defendant should not appear, the plaintiff may enter an appearance for him within three weeks, or after that time by leave of the court. The next step taken by the plaintiff after appearance by the defendant, is usually the preparation of interrogatories. The interrogatories consist of a series of questions framed from the statement of the plaintiff's case in the bill, and usually arranged in the same order. The interrogatories are generally drawn, or at least settled by counsel. At the foot of the draft interrogatories are appended the signature of the counsel who drew the interrogatories, and a note stating which interrogatories each defendant is required to answer. An engrossment on parchment of the interrogatories is then made, and within eight days from the time limited for the appearance of the defendant, filed at the office of the clerks of records and writs. By special leave of the court, however, a plaintiff may obtain further time to file interrogatories. When the interrogatories have been filed and the defendants have appeared, as many copies are then made by the plaintiff's solicitor as there are solicitors for defendants or defendants appearing in person. Each of these copies is then compared with the original on the files of the court, and, if found correct, is marked as an office copy. One of these office copies

is then served on each of the several solicitors for the defendants or on the defendants themselves if they have appeared in person.

The Defence.

There are four modes of defence to a bill and these are-1. Demurrer; 2. Plea; 3. Answer; 4. Disclaimer. And all or any of these modes of defence may be joined,