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but of a more extensive and specific relief, 2 P. Wms. 156; as by setting aside fraudulent deeds, decreeing re-conveyances, or directing an absolute conveyance merely to stand as a security, 1 Vern. 32. 1 P. Wms. 239. 1 Vern. 237. 2 Vern. 84; and thus, lastly, for the sake of a more beneficial and complete relief, by decreeing a sale of lands, a court of equity holds plea of all debts, incumbrances, and charges that may affect it, or issue thereout. 1 Eq. Ca. Ab. 337. As to the construction of securities for money lent; when courts of equity held the penalty of a bond to be the form, and that in substance it was only as a o: to secure the repayment of the sum bona fide advanced, with a proper compensation for the use, they laid the foundation of a regular series of determinations, which have settled the doctrine of personal pledges or securities, and are equally applicable to mortgages of real property. The mortgagor continues owner of the land, the mortgagee of the money lent upon it: but this ownership is mutually transferred, and the mortgagor is barred from redemption, if, when called upon by the mortgagee, he does not redeem within a time limited by the court: or he may, when out of possession, be barred, by length of time, by analogy to the statute of limitations. The form of a trust, or second use, gives the courts of equity an exclusive jurisdiction, as to the subject matter of all settlements and devises in that form, and of all the long terms created in the present complicated mode of conveyancing. This is a very ample source of jurisdiction: but the trust is governed by very nearly the same rules as would govern the estate in a court of law, if no trustee was interposed; 2 P. Wms. 645, 668, 669. And by a regular positive system, established in the courts of equity, the doctrine of trusts is now reduced to as great a certainty as that of legal estates in the courts of common law.' See 3 Comm. 436––440. See ChancERY and LA w. EQUITY of REDEMPTIon, on mortgages, is the right which a man has of redeeming his estate upon payment of the money borrowed. This enables a mortgagor to call on the mortgagee who has possession of his estate to deliver it back, and account for the rents and profits received, on payment of his whole debt and interest: thereby turning the mortuum into a kind of vivum vadium. But, on the other hand, the Inortgagee may either compel the sale of the estate in order to get the whole of his money immediately, or else call upon the mortgagor to redeem his estate, or, in default thereof, to be for ever foreclosed from redeeming the same, that is, to lose his equity of redemption without possibility of recall. And also in some cases of fraudulent mortgages (stat. 4 & 5 W. & M. c. 16.), the fraudulent mortgagor forfeits all equity of redemption whatsoever. This is done by proceedings in the court of chancery. But the chancery cannot shorten the time of payment of the mortgage money, where it is limited by express covenant, though it may lengthen it; and then, upon non-payment, the practice is to foreclose the equity of redemption of the mortgagor. 2 P'ent. 364. . To foreclose the equity, a bill in chancery is
exhibited, to which an answer is put in, and, a decree being obtained, a master in chancery is to certify what is due for principal, interest, and costs, which are to be prefixed by the decree, whereupon the premises are to be re-conveyed to the mortgagor; or, in default of payment, the mortgagor is ordered to be foreclosed from all equity of redemption, and to convey the premises absolutely to the mortgagee. Law of Sécurities, p. 129, 133. By stat. 7 Geo. II. cap. 20, after payment or tender by the mortgagor of principal, interest, and costs, the mortgagee can maintain no ejectment, but may be compelled to re-assign his securities. EQUITY, in mythology, sometimes confounded with Justice, a goddess among the Greeks and Romans, represented with a sword in one hand and a balance in the other.
Equality of power or value; to equiponderate; to be equal to. An equivalent is any thing equal in any quality or excellence expressed or implied. The consideration of public utility is, by very good advice, judged at the least the equivalent to the easier kind of necessity. Hooker. Must the servant of God be assured that which he nightly prays for shall be granted 2 Yes, either formally or by way of equivalence, either that or something better. Hammond. Whether the transgression of Eve seducing did not exceed Adam seduced, or whether the resistibility of his reason did not equivalence the facility of her seduction. we shall refer to schoolmen. Brownre. The dread of Israel's foes, who, with a strength Equivalent to angels, walked their streets, None offering fight. Milton's Agonistes. No fair to thine Equivalent or second' which compelled All thus, though importune perhaps, to come And gaze, and worship thee. Milton. The slave without a ransom chall be sent : It rests for you to make the equivalent. Dryden.
The use of the word minister is brought down to the literal signification of it, a servant; for now to serve and to minister, servile and ministerial. are terms equivalent. South.
A man of wit, genius, learning, is apt to think it something hard, that men of no wit, no genius, no learning, should have a greater share of wealth and honours; not considering that their own accomplishment ought to be reckoned to them as their equivalent. It is no reason that a person worth five thousand pounds, should, on that account, have a claim to twenty. Shenstone.
That there is any equivalence or parity of worth betwixt the good we do to our brother, and the good we hope for from God, all good Protestants do deuy. Sinalridge. Civil causes are cquivalent unto criminal causes, but this equivalency only respects the careful and diligent admission of proofs. Ayliffe's Parergon. Things Well nigh equivalent, and neighbouring value, By lot are parted ; but the value, high heaven, thy share, In equal balance laid with earth and hell, Flings up the adverse scale and shuns proportion. Prior
Fancy a regular obedience to one law will be a full equiralent for their breach of another. Rogers.
The characteristic style of the Hebrew poets, who delight in subjoining to one proposition a corresponding clause which has an equivalent or opposite sense, affords frequent explanations of obscure passages by the parallelism. Archbp. Newcome.
There is probably no country so barbarous that would not disclose all it knew, if it received from the traveller equivalent information. Goldsmith.
Equiv Alext TERMs are where several words that differ in sound have yet one and the same signification; as every body was there, and nobody was absent; nihil non, and omne. Equiv ALENT THINGs are either moral, physical, or statical. 1. Moral; e. g. the commanding or advising a murder is a guilt equivalent to that of the murderer. 2. Physical; a man who has the strength of two men is said to be equivalent to two men. 3. Statical; a less weight becomes equivalent in force with a greater, by having its distance from the centre increased. EQUrvaLENTs. See CHEMistry, Appendix. EQUIV’OCAL, adj. & n.s. Lat. aquivoEQUIv’ocALLY, adv. }: of aequus. EQUIv’ocALN Ess, n.s. and voco, to speak. Of doubtful meaning; standing for different notions, or things: uncertain; irregular. These sentences to sugar or to gall, Being strong on both sides, are equivocal. Shakspeare. Words of different significations, taken in general, are of an equivocal sense ; but being considered with all their particular circumstances, they have their sense restrained. Stillingfleet. Prejudice is an equivocal term; and may as well mean right opinions taken upon trust, and deeply rooted in the mind, as false and absurd opinions so derived, and grown into it. Hurd. There is no such thing as equivocal or spontancous generation; but all animals are generated by animal parents of the same species with themselves. Ray. Words abstracted from their proper sense and signification, lose the nature of words, and are only cquirocally so called. South. Distinguish the equivocalness or lassitude of the word, and then point out that determinate part which is the ground of my demonstration. Norris. No insect or animal did ever proceed equivocally from putrefaction, unless in miraculous cases; as in Egypt by the divine judgments. Bentley. Equivocal generation is the production of plants without seed, or of insects or animals without parents, in the natural way of coition between male and female; which is now believed never to happen but that all bodies are unequivocally produced. Harris. The greater number of those who held this were misguided by equirocal terms. Swift. Shall two or three wretched equirocals have the force to corrupt us? Dennis. Those half-learned witlings, numerous in our isle As half-formed insects on the Banks of Nile; Unfinished things, one knows not what to call, Their generation's so equivocal. Pope.
EQUIV’OCATE, ". no Lat. acquivocatio;
EQUIv’ocation, n. s. acquus and voco. See
Four vocator, n. s. $ EQUIvocal. To use ambiguous expressions, or words of double meaning; to mean one thing and express another.
Here's an equivocator, that would swear the scales against either scale; yet could not equinocate to Heaven. eare. Reproof is easily misapplied, and through equivocation, wrested. I pull in resolution, and begin To doubt the equirocation of the fiend That lies like truth. Shakspeare. Macbeth. Who sees not how no place can be left for truth, where there is full room, given to equivocation 2 Bp. Hall. Not only Jesuits can equivocate 2 Dryden. My soul disdained a promise; —But yet your false equivocating tongue, Your looks, your eyes, your every motion promised: But you are ripe in frauds, and learned in falsehoods. Smith. EQUULEUS, or Ecculeus, in antiquity, a kind of rack used for extorting a confession, at first chiefly practised on slaves, but afterwards made use of against the Christians. The equuleus was made of wood, having holes at certain distances, with a screw, by which the criminal was stretched to the third, sometimes to the fourth, or fifth holes, his arms and his legs being fastened on the equuleus with cords; and thus was hoisted aloft, and extended in such a manner, that all his bones were dislocated. In this state red-hot plates were applied to his body, and he was goaded in the sides with an instrument called ungula. EQUtlers, EQUIculus, or EQUUs MINor, in astronomy, the horse's head; a constellation of the northern hemisphere. See Astronomy. EQUUS, in zoology, a genus of quadrupeds belonging to the order of bellua'. They have six erect and parallel fore teeth in the upper jaw, and six somewhat prominent ones in the under jaw; one short tusk on each side of both jaws, at a considerable distance from the other teeth; and the feet consist of an undivided hoof. This genus is the only race of quadrupeds, in which the mammae are wanting on the males. Mr. Kerr enumerates six species. I. Equus Asi Nus, the ass, has long slouching ears, solid hoofs, short mane, and tail covered with long hairs at the end. The body is usually of an ash color, with a dusky cross on the shoulders. Gmelin describes two varieties, besides hybrids or mules, viz. 1. Equus Asis us Domesticus, the tame or domestic ass, is an humble, patient, and quiet ani: mal. He submits with firmness to strokes and chastisement; he is temperate both as to the quantity and quality of . food; he contents himself with the rigid and disagreeable herbage which the horse and other animals leave to him and disdain to eat; he is more delicate with regard to his drink, never using water unless it be perfectly pure. As his master does not take the trouble of combing him, he often rolls himself on the turf among thistles, ferns, &c. Without regarding what he is carrying, he lies down to roll as often as he can, seeming to reproach his masters with neglect and want of attention. When very young, the ass is a gay, sprightly, nimble, and gentle animal. But he soon loses these qualities, probably by the bad usage he meets with ; and becomes lazy, untractable, and stubborn. When under the influence of love, he becomes perfectly furious. The affection of the female for her young is
strong. Pliny assures us, that when an experiment was made to discover the strength of maternal affection in a she ass, she ran through the flames in order to come at her colt. Although the ass be generally ill used, he discovers a great attachment to his master; he smells him at a distance, searches the places and roads he used to frequent, and easily \o him from other men. The ass has a very fine eye, an excellent scent, and a good ear. When overloaded, he hangs his head, and sinks his ears; when too much teased or tormented, he opens his mouth and retracts his lips in a disagreeable manner. If you cover his eyes, he will not move another step; if you lay him on his side, and place his head so that one eye rests on the ground, and cover the other with a cloth, he will remain in this situation without making any attempt to get up. He walks, trots, and gallops in the same manner as the horse, but all his motions are slower. Whatever ace he is going at, if pushed, he instantly stops. he cry of the horse is called neighing; that of the ass braying, which is a long disagreeable noise, consisting of alternate discords from sharp to grave and from grave to sharp; he seldom cries but when pressed with hunger or love; the voice of the female is clearer and more piercing than that of the male. The ass is less subject to vermin than other animals covered with hair; he is never troubled with lice, probably owing to the hardness and dryness of his skin; and it is perhaps for the same reason that he is less sensible to the whip and spur than the horse. The teeth of the ass fall out and grow at the same age and in the same manner as those of the horse; and he has nearly the same marks in his mouth. Asses are capable of propagating when two years old. The females are in season in May and June. The milk appears in the dugs ten months after impregnation; she brings forth in the twelfth month, and always one at a time. Seven days after the birth, the season of the female returns, and she is again in a condition to receive the male. The colt should be taken from her at the end of five or six months, that the growth and nourishment of the foetus may not be obstructed. The stallion or jack-ass should be the largest and strongest that can be found: he should be at least three years old, and never ought to exceed ten. Mules are the offspring of the horse and ass, or the jackass and mare. See MULE. Mr. Pennant mentions a mule produced between a jack-ass and a female zebra. The ass, like the horse, continues growing three or four years, and lives till he is twenty-five or thirty; he sleeps less than the horse, and never lies down but when excessively fatigued. He is more robust, and less subject to disease than the horse. Travellers inform us, that there are two sorts of asses in Persia; one of which is used for burdens, they being slow and heavy; the other kept like horses for the saddle : for they have smooth hair, carry their head well, and are much quicker in their motion; but when they ride them, they sit nearer their buttocks than when on a horse; they are dressed like horses, and are taught to amble like them ; but they generally cleave their nostrils to give more room for breathing. Dr. Russell tells us, that they have two sorts in Syria; one of which is like ours, and the other very
large; with remarkably long ears; but they are both used to carry burdens. In America there were originally no asses, but they were carried thither first by the Spaniards, and afterwards by other nations, where they multiplied greatly; insomuch, that, in some places, there are whole droves of them that run wild, and are not easily caught. Asses in general carry the heaviest burdens in proportion to their bulk; and, as their keeping costs little or nothing, it is surprising that they are not put to more uses than they generally are among us. The flesh of the common ass is never eaten in Europe; though some say, that of their colts is tender, and not disagreeable. 2. EQUUs Asi NUs FERUs, the wild ass, the onager, of Oppian, Pliny, Ray, &c., and the koulan of Mr. Pennant, varies from the tame in several respects, and requires a more particular description. The forehead is much arched; the ears are long and erect, even when the animal is out of order; sharp-pointed, and lined with whitish curling hairs; the irides are of a livid brown; the lips thick; and the end of the nose sloping steeply down to the upper lip; and the nostrils are large and oval. It is much higher on its limbs than the tame ass, and its legs are much finer, but it again resembles it in the narrowness of its chest and body; it carries its head much higher; and its skull is of a surprising thinness. The mane is dusky, about three or four inches long, composed of soft woolly hair, and extends quite to the shoulders; the hairs at the end of the tail are coarse, and about a span long. The color of the hair in general is silvery white; the upper part of the face, the sides of the neck, and body, are of a flaxen color; the hind parts of the thighs are the same; the fore part divided from the flank by a white line, which extends round the rump to the tail; the belly and legs are also white; along the very top of the back, from the mane quite to the tail, runs a stripe of bushy waved hairs of a coffee-color, broadest above the hind part, and growing narrower again towards the tail; another of the same color crosses it at the shoulders (of the males only), forming a mark, such as distinguishes the tame asses; the dorsal band and the mane are bounded on each side by a beautiful line of white, well described by Oppian, who gives an admirable account of the whole. Its winter coat is very fine, soft, and silky, much undulated, and likest to the hair o. the camel; greasy to the touch; and the flaxen color, during that season, more exquisitely bright. Its summer coat is very smooth, silky, and even, with the exception of certain shaded rays that mark the sides of the neck, pointing downwards These animals inhabit the dry and mountainous parts of the deserts of Great Taitary, but not higher than latitude 48°. They are migratory, and arrive in vast troops to feed, during the summer, in the tracts east and north of lake Aral. About autumn they collect in hundreds, and direct their course towards the north of India, to enjoy a warm retreat during winter. But Persia is their most usual place of retirement; where they are found in the mountains of Casbin, some even at all times of the year. Barboga says, they penetrate even into the southern parts of India, to the mountains of Malabar and Golconda. According to Leo Africanus, wild asses of an ash