an award and that it was unreasonable, because it required that he fhould procure. his wife to join in the conveyance, which it right not be in his power to do: but the court determined that it was a fettled principle, that where a husband for a valuable confideration covenants, that his wife fhall join with him in a conveyance, equi ty will decree a specific performance of the covenant; that the defendant by accepting the money had undertaken to perform it, and made it an agreement for a valuable confideration, and that it was agift confcience, that he fhould take the money awarded, and refufe to perform the award; that there was a difference be tween awards to pay money, and to do fome collateral thing; that in the former cafe the law furnished compleat remedy: but in the latter cafe, where the performance was proper, the law could only give damages, and therefore a bill in equity to obtain fpecific reTief was reafonable, and accordingly the defendant was decreed to perform the award specifically, 4. Equity may compel any perfon to reflore, and deliver up to the proprietor, or to the perfon who is entitled to them, deeds, wills, bonds, notes, or any writings of a valuable nature, and neceflary to evidence any title, claim or debt. Tho the party injared may maintain his action at law, yet he can only recover pecuniary compenfation, which is not an adequate relief, and therefore equity will interfere, and compel the delivery of the specific thing. . A bill will lie to compel the specific delivery of a thing, which is confidered as a curiofity, and for which the owner would be unwilling to take the actual value. As where the duke of Someriet was entitled to an old altar piece, remarkable for a Greek infcription, and dedication to Hercules, which came into the poffeffion of a goldfinith, the court decreed that it fhould be delivered in fpecie, 5. Injunctions are often granted by courts of chancery, to prevent the doing of certain acts: for which, tho the party injured has a legal remedy for damages, yet the injury being of fuch a na ture that damages will not be a compleat reparation, therefore equity will refrain the commiffion of fuch acts. Thus where teant for life, or years, not having a right to commit walte, does, or is about to do thote acts, which by law are denominated wafte, the heir, remainder-man, or reverfiouer, may apply to a court of equity 3 P. Will. 390. equity, and obtain an injunction against the tenant, prohibiting the commiffion of wafte: tho an action at law would lie for the injury: because the relief is more compleat to prevent the injury, than to give damages after it is done; and the destruction of trees for ornament, might be an irreparable injury to the land. Injunctions have been granted to reftrain the publication of private letters and books. A bill was exhibited by the executors of Lord Chesterfield, to reftrain the widow of his fon, to whom his letters were written, from publithing them, it having been propofed to be done without the confent of Chesterfield in his life time, or of his executors fince his deceafe. An injunction was accordingly granted. If any perfon fhould propofe, or offer to republish a book to which another has the copy right, whether it be the author, or his affignee, fuch author or affignee may apply to a court of equity and obtain an injunction to reftrain fuch publication. So if an author thould fell his copy-right, and afterwards fhould undertake to republish the work with alterations, yet if it is in fubftance the fame work, he may be reftrained by injunction. A general affignment of a copy-right, will transfer the contingent right of the au thor to the fecond fourteen years, in cafe of his furviving the first. Injunctions have been granted to prevent perfons who were building houfes, near the houfe of another, from erecting them fo high, as to obstruct the light of his windows: and if there be a difpute as to the right, the injunction may be continued till there can be a trial of the right at law. So injunctions have been granted to prevent a tenant from plowing up a bowling green; and alfo to prevent acts which would be a damage to a fish pond. 6. Fraud is the principal object of equity jurifdiction, and is only practised in making contracts. We have already fully confidered this fubject, as it relates to the fetting of contracts afide. But there may be inftances in which a perfon by force of a fraud in a contract has obtained the property of another, while the party defrauded has no rentedy on the contract, and can derive no benefit from letting it afide. Yet when a kave has thus protected himfelf Ambler's Rep. 737 92 Brown Ch. Rẹp. 81. i Vez. 543, 2 Blown. Ch. Rep. 64. 2 Noz. 452. himfelf in a fraud, by the forms of law, it is just that he should be compelled to refund his ill gotten gains, and equity having induf trioufly purfued fraud through every labyrinth of cunning, has fur nified relief. As where the projectors of a bubble, called the land fecurity, and oil patent, drew in a number of perfoms to fub. fcribe for fhares, on pretence that the project would be very lu crative, and pledged as fecurity, landed estate of much less value, than the money raised the subscribers to the fcheme, on difcevering it to be a cheat, exhibited a bill in chancery for relief, and tho the defendants infifted that land was pledged as a fecurity for the money advanced, yet as it was of much less value, than the money paid, and the whole appearing to be a fraud, the court decreed that the projectors should refund the money to the feve ral fubfcribers, who had advanced it. CHAPTER TENTH. OF THE PETITION AND PLEADINGS. THE petition is the fame in equity, as the declaration in law. It contains a statement of the facts, which are the ground of the claim for relief. It must be addressed to the court, which has jurifdiction of the matter of complaint, and contain the name and place of abode of the parties. Every person who is to be effected by the decree, fhould be made a party to the petition. All the facts must be alledged, which are effèntial to constitute the claim, which give the court a right to interpole, and which render fuch interpofition neceffary. It is the practice to aver that the petitioner has no remedy at law, and to request the court to enquire into the truth of the facts. The petition closes with a prayer for fuch specific relief, as the party conceives himself entitled to, and alfo a prayer for general relief. But it would be fufficient to pray for relief generally; for if the fpecific relief pray ed In fome parts of the ftate, when there has been a mistaken lery of an execution, it has been the practice to apply to a court of equity for an alias: but this is unnecessary, as in ail cases, where an execution has been by mistake levied upon the real or perfonal estate of a man, not the debtor in the execution, and indorfed fatisfied and returned, feire facias, or debt epdm judgment will lie. ƒ a P. Will. 154 ed for, cannot be with propriety granted, the court will, under the prayer for general relief, grant fuch relief as is adapted to the nature of the cafe. To the petition is annexed a citation, directed to a proper officer, commanding him to give notice to the petitionee, defendant, or refpondent, to appear before the court, which must be defcribed, to answer to the complaint. This citation must be figned, and the duty certified in the fame manner as in fuits at law. The process must be served by leaving a true and attefted copy of the petition and citation twelve days before the fitting of the court, with the defendant, or at his place of abode, if within this ftate; if the defendant belong not to this state, and has an agent or attor ney here, a copy may be left with fuch agent or attorney; or if he has none, and the matter in difpute relate to lands, or fome fuit depending in a court of law, fo as to give a court of equity here jurifdiction refpecting it, then notice may be given by fending to the defendant, a copy of the petition and citation. This is the only mode in fuch cafes by which that notice may be given to the defendant which is reafonable, to give him an opportunity to defend his rights. The petition must be returned to the clerk of the court, and is proceeded with as a fuit at law. When the defendant has been thus notified, if he is not an inhabitant of this ftate, the petition must be continued to the next term, like a fuit at law if he is an inhabitant of this ftate, and neglects to appear, he may be defaulted; and the court having made enquiry respecting the truth of the facts, and the nature of the the claim, will pass fuch decree as the rules of equity will warrant. The court do not proceed on a default in equity, as at law, by taking the facts pro confeffo, and rendering judgment accordingly but they will make enquiry respecting the facts, and be satisfied of their truth, before they will país a decree, If the defendant appears, he has a right to make his defence; which may be done in two ways, by pleading in abatement to the petition, or anfwering to the merits. Pleas in abatement may be for defects in point of form, and for defects in point of fubftance. Formal Formal defects may be to the jurifdiction. If before a court of common pleas, and the fum or matter in difpute, exceeds in value one hundred pounds: if before the fuperior court, and the matter be less than one hundred pounds, or more than fixteen hundred pounds if before the general affembly, and the matter is lefs than fixteen hundred pounds, then fuch courts have not cognizance, and this is proper in abatement. So if a petition in the court of common pleas, is to controul or effect a judgment of the fuperior court, or if neither of the parties dwell in the county. where the petition is brought, or if there be a misnomer, or mifdefcription of the parties, or a perfon in intereft, is not made a party to the petition, or is not notified; or if the petition is not properly figued, and the duty duly certified, or if the process is not legally ferved; these matters may all be pleaded in abatement. So may a defect in points of fubftance, which is in the nature of a demurrer. Therefore if the petition does not ftate fuch facts, as entitle the petitioner to the relief prayed for, or if it is apparent that from the facts ftated in the petition, there is an adequate renedy at law, this may be pleaded in abatement. If the opinion of the court should be, that the plea in abatement is fufficient, then the petitioner has the fame right to amend as at law. All defects which are in their nature amendable may by force of the ftatute be amended; fuch as mithoner, mifdefcription, or the omiffion of any facts, which can be fupplied. But where the petition abates on account of jurifdiétion, non payment of duty, bad fervice, or becaufe the cafe is not a proper fubject of equity jarifdiétion, or there is an adequate legal remedy, then from the nature of the thing, the petition cannot be amended. If the petitioner amends, the petitionee will have the fame right to plead in abatement, as at law. If the petition does not abate, or having abated, is properly amended, or if no plea in abatement is exhibited, then the defendant may answer to the merits of the claim. He may if he pleates make an aufwer to the petition, and state the facts on which he relies for his defence, and the petitioner may reply: but no fyftem of pleading has ever been adopted in matters of equity, by which the difpute is brought to a fingle point as at law. The ufual and |