ng the courts which have been
described, all necessary provision had been made for securing justice to
the citizens. But many cases arise in which justice and equity can not
be obtained in these courts. To afford relief in such cases, a court
has been established called a _court of equity_, or _court of chancery_.
What often renders it impossible to get justice in ordinary courts of
law, is the want of witnesses; but in a court of equity the parties may
themselves be put on oath.
Sec.2. A debtor, to avoid the payment of his debts, may conceal his
property or his money; but this court may compel him to disclose and
give up the same to satisfy an execution; and it may prevent persons
indebted to him from making payment to him. A person refusing to fulfill
a contract may, in courts of common law, only be sued for damage; but
this court may in certain cases compel him to fulfill the contract
itself. It may also restrain individuals and corporations from
committing fraudulent acts, and prevent persons from committing wastes
on land and certain other injuries, until the right at law can be tried.
Sec.3. Courts of chancery were established, it is believed, in a majority
of the old states. But separate and distinct organizations called
chancery courts, now exist in but a few states; the power to try suits
in equity having been given to the judges of the common law courts.
Sec.4. Suits _in equity_ are not commenced as suits _at law_. The plaintiff
prepares a bill of complaint, the facts stated in which are sworn to by
himself. The bill, which contains a petition or prayer that the
defendant may be summoned to make answer on oath, is filed with the
clerk of the court, who issues a subpoena commanding the defendant to
appear before the court on a day named. A trial may be had on the
complaint and answer alone; or witnesses may be introduced by the
parties. The case is argued by counsel, and a _decree_ is pronounced by
the court, which the court has power to carry into effect.
Sec.5. There is another kind of courts which are in their nature different
from ordinary law courts, and are called _probate courts_. There is in
every county a probate court held by a _judge of probate_, whose duties
relate to the proving of wills and the settling of the estates of
persons deceased. A _will_ is a writing in which a person gives
directions concerning the disposal of his property after his death. The
Latin word _probatus_ means proof; f
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