Owing to the changes in rules of evidence and the various statutory forms of commission to take testimony, both bills of discovery and hills to perpetuate testimony are now obsolete. • lu the development of equity jurisprudence, certain maxims adopted by courts of chancery have played a considerable part. Frequent ref erence to these in the opinions of equity judges, as apparent rules of decision, have perhaps given them undue importance. Properly, they are not fixed rules of general application, but rather apt phrases which are indicative merely of general guiding prineiples having many special applica tions. The scope of this article will not permit their extended examination, and it will be suffi cient to enumerate some of the more familiar maxims. Thus: He who seeks equity must do equity.
He who comes into equity must come with clean hands.
Equity aids the diligent, not the slothful.
Equity follows the law (indicating that when ever legal rules are applicable equity will follow' them—e.g. the Statute of Limitations).
Where equities are equal the legal title will prevail.
A proceeding in equity is not begun by writ as in a common-law action. but by petition, which prays that a subpcena issue to the defendant compelling him to answer. The final relief grant ed by the court is embodied in a decree. The court of equity may grant any appropriate in terlocutory relief. An important incident to equity pleading was the power of the plaintiff to compel the defendant to give `discovery'—i.e. to testify fully in his answer to all matters rele vant to the controversy. (See PLEADING; PRA C TICE ; CHANCERY, etc.) Consult: The commen taries of Blackstone and Kent; the authorities referred to under JURISPRUDENCE; and such spe cial treatises as Pomeroy, Treatise on Equity Jurisprudence as Administered in time States (2d ed., San Francisco, 1892) ; Bisphan, Principles of Equity (6th ed., Philadelphia, 1899) ; Bigelow. Elements of Equity (Boston, 1899) ; White and Tudor, Leading rases in Equity (7th ed.. London, 1S97) ; Kelke• An Epitome of Leading rases in Equity (London. 1901) ; and the authorities referred to under