EQUITY IN ACTION...
"Accepted" / Discharge (as a Defendant)...
Apparently, a lot changed in 1933 when the United States (federal government) confiscating all the gold from The People, where given that "No State shall... make any Thing but gold and silver Coin a Tender in Payment of Debts" (Article I, Section 10, Clause1), it required remedy (in the form of HJR-192), while also setting the stage (via the Emergency Powers Act) to transform the economy from substance (gold) to form (future securities / notes / drafts / bills of exchange / acceptances);
Acceptance operates under the principles of commercial honor and the processes and protocols by which a presentment (payment coupon) is "Accepted", post-1933, so the instrument may be taken to / exchanged at a Federal Reserve window so the related debt may be discharged accordingly;
In this regard, equity sets the stage for discharge and set-off, without arguing facts, jurisdiction, law, or venue. As this requires an accompanying learning curve and renewing of the mind, education and embodiment is required.
Bill in Equity / Inquiry Notice (as a Claimant)...
In terms of how a living woman or man in the private might use equity proactively in order to protect one's rights and property, this is admittedly a more murky endeavor poised for deeper exploration and experience;
While the judicial and legislative systems (and sources like Black's Law Dictionary, Burton's Legal Thesaurus, and various treatises) recognize 'Equity Jurisprudence', the task of actually evoking / activating / "demanding" it in (post-1938) courts remains a new frontier of sorts;
As equity is said to operate under the 'law of notice' , 'Bills in Equity' and 'Inquiry Notices' seem ingredients into activating the honor and duty of the court (and proverbial 'Chancellors' therein) to serve and protect the rights and property of Americans;
As with wielding equity as a 'defendant', proactive equity as a claimant requires even "cleaner" hands and honorable dispositions relative to holding steadfast to the maxim principles in tuning to the frequencies of equity; as such, the required renewing of the mind in order to stand on your proverbial and literal ground in equity is not insignificant or to be taken lightly.
BLACK'S LAW DICTIONARY (6TH EDITION)
"EQUITY JURISPRUDENCE. That portion of remedial justice administered by courts of equity. More generally speaking, the science which treats of the rules, principles, and maxims which govern the decisions of a court of equity, the cases and controversies which are considered proper subjects for its cognizance, and the nature and form of the remedies which it grants."
"NOTICE. Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Intelligence by whatever means communicated. Any fact which would put an ordinarily prudent person on inquiry. That which imparts information to one to be notified."
"INQUIRY NOTICE. Information which is charged to a person where a duty is imposed upon him by law to make a reasonable investigation; the information which such investigation would have revealed is imputed to such person."
"BILL IN EQUITY. The first written pleading in a proceeding in equity. The complaint in a suit in equity."
"RELIEF. The public or private assistance or support, pecuniary or otherwise, granted to indigent persons. Deliverance from wrong, or injustice. In this sense it is used as a general designation of the assistance, redress, or benefit which a complainant seeks at the hands of a court, particularly in equity."
"INALIENABLE RIGHTS. Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights; e.g., freedom of speech or religion, due process, and equal protection of the laws."
"EQUITY JURISDICTION. In the federal and most state courts there has been a merger procedurally between law and equity actions (i.e., the same court has jurisdiction over both legal and equitable matters) and, hence, a person seeking equitable relief brings the same complaint as in a law action and simply demands equitable relief.
In order that a cause may come within the scope of the equity jurisdiction, one of two alternatives is essential; either the primary right, estate, or interest to be maintained, or the violation of which furnishes the cause of action, must be equitable rather than legal; or the remedy granted must be in its nature purely equitable, or if it be a remedy which may also be given by a court of law, it must be one which, under the facts and circumstances of the case, can only be made complete and adequate through the equitable modes of procedure."
"ACCEPTANCE. Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification."
"DISCHARGE. Equity practice. In the process of accounting before a master in chancery, the discharge is a statement of expenses and counter-claims brought in and filed, by way of set-off, by the accounting defendant; which follows the charge in order."
"HONOR. To accept a bill of exchange, or to pay a note, check, or accepted bill, at maturity and according to its tenor. To pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the draft."
