called a trustee, and he alone can sue or be sued in a court of law. The owner of the beneficial interest is called the cestui que trust, and is in equity regarded as the true owner of the property. In order to protect his rights, equity assumes control of the entire trust-estate, appoints and removes trustees, compels them to perform their duties, and obliges them to account to the cestui que trust for the benefits derived from the estate. Read 2 Story Eq. Jur., §§ 960–982, 1195-1300. § 329. Of the Perpetuation of Testimony. It sometimes happens that, before an action can be legally commenced, it becomes apparent that such action will be necessary, and that certain evidence, now available but which may not be within reach when such action is instituted, will become important. In cases of this character, a court of equity may secure the perpetuation of the testimony, by causing it to be taken, in some proper manner, and to be preserved among the records of the court, until it is needed at the trial. Read 2 Story Eq. Jur., §§ 1505–1516. § 330. Of Discovery. At law, no man can be compelled to testify against himself, or to produce books and papers which are antagonistic to his claims. A court of equity, however, can compel a party to make discovery of facts within his knowledge, and to produce books and papers, although they operate as evidence against him. This power is often exercised in aid of an action pending, or to be instituted, in a court of law, as well as in connection with ordinary equity proceedings. Read 2 Story Eq. Jur., §§ 689-691, 1480-1504. Adams Eq. Jur., pp. 1–22. § 331. Of Enforcing or Setting Aside Awards. Where an award of arbitrators directs the payment of a sum of money, an action at law may be brought to recover it. When the award requires the performance of some act, which courts of law cannot enforce, equity will, in certain cases, interfere, and compel the party to perform the act. A court of equity also has the power to set aside awards, whenever misbehavior or fraud in the parties, or corruption, partiality, or illegal action, on the part of the arbitrators, can be established. Read 2 Story Eq. Jur., §§ 1450–1463, 1498, 1500. Adams Eq. Jur., pp. 191-193. Kerr Inj., pp. 140-143. 332. Of Enforcing Judgments at Law. A court of equity will also lend its aid to enforce the judgment of a court of law. Thus, if a judgment-debtor conceals, or has fraudulently conveyed, his property, equity will assist the creditor in its discovery and appropriation to the payment of his claim. Read 1 Story Eq. Jur., §§ 350-381. Willard Eq. Jur., pp. 225-249. § 333. Of General Equitable Relief. These instances exhibit the general character of those wrongs to which the remedies of equity are applicable. No classification can, however, embrace all such wrongs, for whenever a right exists which cannot be protected or enforced in courts of law, whether from its own nature, or from accident or fraud, or from any defect in their mode of procedure, a court of equity can give relief in such a manner as the nature of the case requires. Read 3 Bl. Comm., pp. 429-439. 1 Story Eq. Jur., §§ 25-30. Willard Eq. Jur., pp. 37-41. Adams Eq. Jur., pp. xxxvii, xxxviii. CHAPTER VII. § 334. Of Bills. OF PROCEEDINGS IN EQUITY. The methods, by which a court of equity applies its various remedies, are simple and flexible in the highest possible degree. The first step in the procedure is the filing of the bill, or petition, in which the petitioner sets forth with clearness and certainty, and in ordinary language, the wrong of which he complains, and requests the relief to which he considers himself entitled. Bills in equity are of two classes: Original and Not Original. An original bill relates to some matter, not already in litigation in equity between the same parties, and is the one by which proceedings are commenced. A bill not original relates to some matter already before the court, and is designed to add to, or continue, or introduce new matter into, or in some other manner to affect the proceedings instituted by the original bill. All persons materially interested in the subject-matter of the controversy, however numerous, should be made parties to the bill, in order to prevent a multiplicity of suits, and that a complete adjustment of all conflicting claims may be secured. Read 3 Bl. Comm., pp. 442, 443. Story Eq. Pl., §§ 16-290, 326-432. Mitford and Tyler Eq. Pl., pp. 127-146. 1 Daniell Ch. Prac., pp. 181, 182, 307, 308, 322–394. § 335. Of Process. The process in equity is a subpoena, which regularly issues from the court, upon the filing of the bill. It is in the nature of a summons, and should direct that all parties, named as respondents in the bill, be notified to appear on the proper return-day, and show cause why the prayer of the petition should not be granted. If a temporary injunction be prayed for in the bill, and be granted, a notice thereof must be given to the parties enjoined, in the manner specified in the order granting the injunction, or in such other manner as the practice of the court requires. Read 3 Bl. Comm., pp. 443-445. Adams Eq. Jur., p. 324. Kerr Inj., p. 625. 1 Daniell Ch. Prac., p. 428. § 336. Of Appearance. The appearance of the respondent, in equity as well as at law, may be made by attorney or solicitor; and against such as fail to appear the bill may generally be taken pro confesso, and a decree be entered in favor of the petitioner. Upon appearance, it becomes the duty of the respondent to demur, or plead, or answer, as the exigencies of the case demand. Read 3 Bl. Comm., p. 445. Adams Eq. Jur., pp. 324, 326–329. Mitford and Tyler Eq. Pl., pp. 432, 433. 1 Daniell Ch. Prac., pp. 499, 500, 558-564. § 337. Of Demurrers. A demurrer in equity is a pleading, in which the respondent points out some defect in the bill, as a reason why he should not be compelled to answer further to its allega |