Page:The Green Bag (1889–1914), Volume 07.pdf/48

 The Thirteen Maxims of Equity.

THE THIRTEEN MAXIMS OF EQUITY.1 By Robertson Palmer, of the Ch1cago Bar. .T|*QUITY follows the law, regards what should be done. To reach the substance every form looks through, On strictly equal plane puts every one; Who seeks her aid, himself must justice do.

With hands unstained her suitors all must be; With equal right the first in time prevails; With equal right the law controls decree; The wakeful, not the sleeping turns her scales.

To each she will impute a purpose fair, Each legal right her ample power protects. She acts alone on persons everywhere, The very thing that should be, she directs.

1 The maxims of equity as indexed by the American and English Encyclopedia of Law are as follows : 1. Equity follows the law. 2. Equity regards that as done which ought to have been done. 3. Equity looks to the intent rather than to the form. 4. Equality is equity. 5. He who seeks equity must do equity. 6. He who comes into equity must come with clean hands. 7. Between equal equities the first in time shall prevail. 8. Between equal equities the law must prevail. 9. Equity aids the vigilant, not the sleeping. 10. Equity imputes an intention to fulfil an obligation. 11. Equity will not suffer a right to be without a remedy. 12. Equity acts in personam. 13. Equity acts specifically.

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