steel spring covered with soft leather or oiled silk, and having its ends approximating to within a few inches of each other; attached to one end is a small round or oval pad, stuffed with cotton or wool, and having for its basis a small iron plate; the other end of the spring has either a larger and flat pad, or a strap connected with it. The smaller pad is placed over the ring or point where the hernial tumor has protruded (see HERNIA), and the string passes over the hip, and either exerts its pressure by means of the large counter pad on the back, or is by means of a strap passing over the opposite hip connected with the pad by a buckle or eyelet and button on the back of the pad. Sometimes, where it is necessary to adjust it with great care, another strap passing over the inner surface of the thigh connects with the spring on the back. Where, as is sometimes the case, there is a double hernia, this spring is made sufficiently long to clasp over both hips, and has a pad at each end. In this case there should be a pad attached to the middle of the spring to exert gentle pressure on the spine, and thus keep the truss more perfectly in position. There are numerous patterns of trusses, varying considerably in form, but they may all be reduced to three classes: those with a flat pad, intended to press upon the whole surface of the ring or place through which the intestine protrudes; the oval or egg-shaped pad, which presses directly into the ring, and thus prevents the escape of the intestine; and the semicircular pad, which acts by supporting the intestine from above and pressing it away from the point of rupture. The truss, though preventing the recurrence of the hernial tumor when properly adjusted, seldom effects a radical cure. This has been attempted by purposely so adjusting it as to cause it to produce some inflammation and adhesion of the serous surface around the ring so as to effect complete occlusion of it; but it should never be done except under the direction of a skilful physician, as it is attended with danger. TRUSTEE PROCESS, a process in certain states for reaching the goods or credits of a debtor in the hands of another who holds them for or is indebted to him. The proceeding for the purpose is by suit collateral to the suit against the debtor, in which the person proceeded against will be charged as trustee of the debtor, and adjudged to pay or account in satisfaction of the principal claim. The alleged trustee is examined on oath, and whatever belonging to the debtor is found in his hands is attached from the time the process is served upon him. The proceeding is purely statutory. In some states the corresponding proceeding is called a proceeding in garnishment, and the trustee is designated a garnishee. In these proceedings the trustee cannot be compelled to do more than he was bound to do by his contract or arrangement with the debtor. TRUSTS. It is quite certain that trusts, which have now such immense importance in the law and the disposition of property in England and in the United States, originated in fraud. The feudal law of tenures embarrassed owners of property in their disposal of it, and the statutes of mortmain obstructed the appropriation at the pleasure of the owner still more; and to evade these rules of law, trusts (or the granting of property in trust) were invented. As the common law took no cognizance of trusts, they came before a court of equity. And if we remember that the chancellor was in early times usually a priest, and that the statutes of mortmain, which trusts were invented to evade, restricted or prohibited the granting of property to religious communities, we can understand why the court of equity took them under its protection. It did this by summoning the trustee before it, and compelling him "to do what justice and equity required." Hence Sir Robert Atkins, in the reign of Charles II., said: "A trust had for its parents fraud and fear, and for its nurse a court of conscience." The way in which these laws were successfully evaded by trusts was this. If property is given to A. B., with all the forms of law, and in the same manner as if it were to be absolutely his own, but in fact for the use and benefit of C. D., the common law knows no one but A. B.; all the title is in him, and the estate in him is protected against all forfeitures but those which attach to him. But C. D. has all the benefit and advantage of the property. Hence if C. D. were a traitor, who would have forfeited the estate had it been his in law, or a religious body which could not take the estate by law, A. B. still might hold it for the benefit of C. D. In this way fraud and fear were the parents of trusts. But as the law knew no estate or title but that of A. B., if he chose to be dishonest, and to refuse all benefit of the trust to C. D., there was no remedy at law, and the trust would have been defeated. Then the court of equity came in, and, by compelling A. B. to perform the trust he had undertaken, became the nurse of this child of fraud. Now, however, trusts are employed in a vast number of cases, most honestly and beneficially, wherever it is desired to give any person the benefit and use of property, but to keep from him all power of forfeiting or alienating it. The greatest number of modern trusts are created either by will or by transfer inter vivos to protect the estates of women from the control or the creditors of their husbands, or to carry down property to a series of holders, in some other way than that which would be provided by the laws of inheritance or distribution. To all trusts there are therefore two parties. One of these holds the legal title to the estate, and he is called trustee; the other has the actual benefit of the trust, and is called, by a Norman French phrase, the cestuy que trust. As the trustee has all the title which a court of law can recognize, he is said to have the legal estate; and as the cestuy que trust has an interest which only a court of equity is created for the benefit of the cestuy que trust, and not of the trustee; and if the trustee cannot take the legal estate, there will be nothing to support the equitable estate, and the trust will fail. So, too, it is established doctrine that a trust once created shall never fail on account of the death of a trustee, or his refusal to accept the trust. All difficulties of this kind are avoided by the power of the proper court (usually the court of equity) to remove a trustee and supply his place, or fill the place of a trustee when vacant by his death or refusal. It is very common for a will or deed creating a trust to prescribe in what way and by what person or tribunal this power may be exercised; and provisions to this effect would doubtless be regarded when they did not contravene the general principles of the law, or the statutory provisions in behalf of trusts and trustees. Any person in possession of property, real or personal, by legal title and of his own right, may, by a proper declaration of trust, convert himself into a trustee, and then his legal title will remain undisturbed, but subjected to the equitable interest.-Any person may become a cestuy que trust of property, to the extent of his legal capacity of holding the same. Nor is it necessary to the creation of a trust estate that the cestuy que trust should be named, or even that he should be in being when the trust is created. Thus money may be bequeathed or given to a trustee for any children that a certain person may have living at his death, and to accumulate until the death of that person. The assent of the cestuy que trust, if he is capable of giving one, is, strictly speaking, necessary; but it will be presumed where the trust is beneficial to him. Unincorporated societies and institutions may take the benefit of a trust, as well as can recognize and protect, he is said to have | an equitable estate. At present, when the courts of law and the rules of law are coming nearer to the courts and the rules of equity, the antagonism between these has passed away, and the distinction become much less important. There may be any number of trustees and any number of cestuy que trusts in any trust. If the trustee holds the property for the benefit of the cestuy que trust without any particular restrictions, directions, or provisions, it is called a simple trust; and then the nature and operation of the trust are determined by legal or equitable construction. But if the purposes of the trust, and the manner in which and the means by which these purposes shall be accomplished, are specifically pointed out and defined, it is then a special trust, and these special directions must be accurately complied with. Hence a trust may be merely ministerial; and it is so called when the trustee has no other duty than to collect and pay over the proceeds of property. Or it may be a discretionary trust, and is so when the general purpose only is declared, and the manner in which this purpose shall be accomplished is left to the discretion of the trustee. So a trust may have a power annexed; as when a trustee of lands has the power of leasing, or even of selling and converting them into personal property. And indeed any lawful powers may be given to a trustee. There are also private trustees and public trustees. The former hold property for one or more individuals, who are distinctly pointed out, personally or by description. Public trustees are those who hold property for the benefit of the whole public, or for a certain large part of it, as a county, town, or parish. They are regarded by the law as in many respects official persons, with offi-natural persons or corporations.-Trusts and cial rights and responsibilities.-The subject matter of a trust may be any property of a valuable nature, and many things also which the common law does not recognize as disposable or assignable property; as choses in action and probabilities of every description, or mere authorities which may be or become valuable. Even if the property be in another state or country, so that the process of the court could not reach it, yet a court of equity will interfere in any case of trust, however distant or inaccessible the property may be, provided the principal defendants are actually served with process, and adequate relief may be given by a decree in personam.-As to the capacity of creating a trust, it may be said that any person who has the power of making a valid disposition of any property, by will or grant, has also the power of attaching to his disposition of the property such limitations or directions as shall create a trust. As a general rule, any person may be a trustee, even if he be incapacitated by law from transacting business on his own account. Thus infants, idiots, lunatics, married women, or other persons non sui juris, may become trustees. The reason is, that the trust uses (see USES) were originally created and declared principally, if not exclusively, by parol; but this was because they were then intended to evade the law. Now, it is uncertain whether trusts of real estate can be created except in writing, and for some purposes by deed. In most of the United States, the provisions of the English statute of frauds, requiring trusts to be in writing, have been reënacted. But in England courts of equity have given a very liberal construction to these provisions, and a similar construction might be expected here. Where a trust is created, if at all, by a writing, especially if that writing be a will, any direct fiduciary expressions, indicative of a purpose that the donee of the property is to take it, in whole or in part, for the benefit, use, advantage, or support of another, will be held sufficient to create a trust. But such words or directions must be imperative on the donee; if they, by fair construction, only give him a power or permission, or even express a desire which is not obligatory on him, they do not create a trust. If the trust is distinctly and positively created, although no cestuy que trust is designated, the courts will enforce the trust. 66 sonally, although the estate be insolvent. But public trustees, or persons acting in a known official capacity, are not personally liable on the contracts they make for the state or government, unless they make themselves so expressly or by a reasonable implication, or have in their hands funds for the purpose of the contracts. It is, of course, always in the power of one who deals with a public trustee or agent to ask of him his own personal liability; and it is always in the power of that trustee to give it or withhold it. TRUXILLO. See TRUJILLO. If the donee may at his own discretion or plea- | trustees should be mentioned. Private trussure execute the alleged trust or not, it is not a tees are responsible on the contracts they make trust; but it is a valid trust if he must execute as trustees, unless they guard against this by the trust, although the manner of doing it is express reservation; and merely calling thementirely at his discretion. So, too, there may selves trustees, or even saying they act as be what are called "resulting" or "presump-trustees, is not, generally speaking, sufficient. tive trusts," which are expressed nowhere, but Thus an executor, signing a common promisare implied or presumed from the assumed in-sory note as executor, is still liable on it pertention of the parties, or arise from the nature of the transaction; and the statute of frauds expressly excepts these trusts from the requirement of writing.-A trustee is always at liberty to decline a trust, but he cannot take the property without the trust. The best and usually the only evidence of an acceptance of the trust is some action by the trustee under it. The same person may stand in different relations; thus he may be appointed executor and also trustee; and he may give separate bonds with different sureties, as executor and as trustee. In such cases it is sometimes difficult to say where the duty and responsibility of executor end and those of trustee begin. The general rule is this: If the executor has specifically set apart a portion of the estate to the purpose of the trust, he will be considered as to that por- | tion as having discharged his duty as executor and entered upon his duty as trustee.-An important doctrine of the law of trusts, familiar to English lawyers and frequently applied in English courts, is known by the name of the cy-pres doctrine. This phrase means literally near to it ;" and this doctrine is applied when a trust is certainly created, and it is impossible to execute it precisely as the donor prescribed, and then a court of equity, from its desire to sustain the trust, will direct an exercise of it as near as possible to the original intention of the donor. By far the most frequent occasion for its application arises from the change of circumstances in ancient trusts; as, for example, where there is an endowment for a school limited to pupils of a certain description, and there are not now any pupils of that description. But that necessity cannot exist so frequently or with so much force in the United States as in England. As an undefined judicial power, it is open to abuse, and can scarcely be said to be recognized in the United States. -Trustees are held, both in England and in this country, to a somewhat strict accountability. A trustee is bound not only to guard against loss or damage to the trust property, but to see that it is made reasonably productive. If he suffers it to lie idle unreasonably, when safe investments can be made, he will be charged with interest, and in some cases, as when he is guilty of gross delinquency, or if he mingles the property with his own for his own benefit in trade or otherwise, he will be charged with compound interest. He may not himself buy property which he sells as trustee, nor sell his own property and buy it as trustee; and this rule is applied not only to all trustees, but to agents generally.-An important difference between private and public TRUXTUN, Thomas, an American naval officer, born on Long Island, Feb. 15, 1755, died in Philadelphia, May 5, 1822. During the revolution he served in privateers as lieutenant and captain, and made valuable captures. In 1795 he received a commission as captain in the navy.. On Feb. 9, 1799, in the frigate Constellation, 38 guns, off the island of Nevis, he captured the French frigate L'Insurgente, 40 guns, which was much cut up, and lost 29 men killed and 41 wounded. The Constellation sustained but little injury, and had one man killed and three wounded. On Feb. 1, 1800, the Constellation engaged off Guadeloupe the French frigate La Vengeance of 54 guns, which escaped into Curaçoa dismasted and sinking, with a loss of 50 killed and 110 wounded. The loss of the Constellation was 14 killed and 25 wounded. Her mainmast went by the board at the close of the action, which prevented her from pursuing. For this action congress awarded Truxtun a gold medal. In 1802 a squadron was fitted out against Tripoli, and Truxtun having declined the command because he was refused a captain for his flag ship, his declination was construed into a resignation, and his name was struck from the navy list. He retired to Philadelphia, where in 1816-'19 he was high sheriff. He published "Remarks relating to Latitude and Longitude and Variation of the Compass" (1794), and a volume of extracts on naval tactics (1806). TSARSKOE SELO. See TZARSKOYE SELO. TSCHIRNHAUSEN, Ehrenfried Walter von, count, a German mathematician, born at Kislingswald, near Görlitz, April 10, 1651, died there, Oct. 10, 1708. He studied at Leyden, in 1672 volunteered against France, and afterward visited England, France, and Italy. After his return he constructed optical instruments, and established glass factories and a mill for the polishing of burning glasses, one of which weighed 160 lbs. and was 33 in. in diameter. He also constructed a burning mirror of highly polished copper, producing effects similar to those of the burning glass. He discovered | longitudinal black bars; abdomen dirty buff, with black bristles above, the first segment with a round black spot at each side, and the four following with a broad dark brown band interrupted in the middle; the wings are considerably longer than the body. The bloodsucking apparatus consists of a long horny proboscis, containing a compound bristle or two needle-like piercers, communicating with a poison bulb at the base, and supported on each side by two feathery palpi. It is very active and difficult to catch, except in the cool of the morning and evening, when it is sluggish; it has a loud and peculiar buzz, which does not terrify cattle like that of the gadflies. This scourge of the African wilderness has no sting in the tail, and deposits no eggs on or under the skin of animals, but introduces its poison into the blood by the proboscis while sucking. The puncture of the tsetse is almost certain death to the ox, horse, sheep, and dog, but is harmless to man, the mule, ass, goat, pig, wild animals, and even calves while sucking; in man it causes a slight itching, like that TSCHUDI. I. Egidius (GILLES), a Swiss historian, born in Glarus in 1505, died there, Feb. 28, 1572. He served in the French army from 1536 to 1544, held several important offices in his canton both before and afterward, and in 1559 went as Swiss envoy to the imperial court of Ferdinand I. at Augsburg. He was banished in 1562 for inducing the Catholic delegates to attend the council of Trent, but was recalled in 1564 to settle the conflict between the see and the city of St. Gall. He wrote many works, of which the best known is his Chronicon Helveticum (in German), embracing the history of Switzerland from 1000 to 1470 (2 vols., Basel, 1734-'6). II. Johann Jakob von, a Swiss naturalist, a descendant of the preceding and grandson of a historian of the same name, born in Glarus, July 25, 1818. He completed his studies in Paris, and explored Peru from 1838 to 1843, and Brazil and other South American states in 1857-'9, and subsequent to his appointment as Swiss minister to Brazil in 1860. In 1866 he became minister at Vienna. His works include Peru: Reiseskizzen aus den Jahren 1838-'42 (2 vols., St. Gall, 1846; translated into English in 1847 by T. Ross); Untersuchungen über die Fauna Peruana (St. Gall, 1844-7); Die Ketschuasprache (2 vols., Vienna, 1853), with a Peruvian grammar and dictionary; Reise durch die Andes von Südamerika (Gotha, 1860); Die brasilische Provinz Minas-Geraes (Gotha, 1863); and Reisen durch produced by the bite of the mosquito or flea. Südamerika (5 vols., Leipsic, 1866-'9). He It produces no immediate effect in the ox or has also edited, in conjunction with Don Ma- horse, but in a few days there appears an exuriano Eduardo de Rivera, the Antiguedades dation for half an inch around the punctures, Peruanas (Vienna, 1851; translated by the the eyes and nose begin to run, the skin quivers Rev. F. L. Hawks, 8vo, New York, 1854). III. as if from cold, and swellings occur under the Friedrich von, a naturalist, brother of the pre-jaw; the animal may continue to graze, but ceding, born in 1820. He became president of the council of education of the canton and great councillor of the city of St. Gall, and wrote a popular manual of agriculture and other works. His Thierleben der Alpenwelt (Leipsic, 1852; 9th ed., 1872) has been translated into several languages. TSETSE, the native name of a proboscidian dipterous insect of the genus glossina (Wiedemann), peculiar to Africa, and especially to the tropical portions. This genus comes near stomoxys (Fabr.), and resembles in appearance and habits the gadfly called in Scotland cleg (hæmatopota pluvialis, Meig.). The best known species, G. morsitans (Westw.), is 5 lines long and 84 in expanse of wings, a little larger than the house fly; the head is dirty buff, and the eyes are large; thorax chestnut red, with four Tsetse (Glossina morsitans), enlarged. by degrees grows thin and weak; this state may continue for months, until purging comes on, and death ensues from exhaustion. The better the condition of the animal bitten, the more speedy often will the death be, accompanied by symptoms of staggering and blindness; sudden changes of temperature hasten the progress of the disease, which goes on to certain death. They occasionally attack a horse like a swarm of bees, alighting on him by hundreds, sometimes causing death in a week. After death the subcutaneous areolar tissue is found to be injected with air, and the fat is oily and greenish yellow; the heart and muscles are very soft and flabby, the gall bladder distended with bile, the blood much reduced in quantity, with signs of disease in the lungs and liver. No remedy is known; the natives pretend to have roots which, pounded and sprinkled on the hair, prevent the bite, but their inability to keep cattle proves their inefficacy; the droppings of animals mixed with human milk and drugs, and smeared on the hide, often prove a temporary safeguard; an animal slightly bitten and escaping death will fall a victim to the next severe bite. With the destruction of the game, this insect, deprived of its food, may become extinct; and until it does, whole districts are rendered unable to keep cattle, horses, sheep, or dogs. It is found chiefly in the bush or among reeds, and rarely in the open country; it is confined to limited regions, which it never leaves, so that cattle may graze in quiet on one side of a river while the opposite bank swarms with tsetse. When obliged to pass through a country infested by them, the natives select a moonlight winter night, when they are torpid from cold. The flesh of animals bitten by the tsetse is not un wholesome, if they are killed before emaciation and weakness supervene. C. J. Andersson and Dr. Livingstone give extended accounts of the ravages of this insect. TSURUGA, a city and seaport of Japan, in the province of Echizen, at the head of a bay of the same name on the W. coast of the main island, about 200 m. W. of Tokio; pop. about 20,000. It is almost the only good port on the W. side of the island, and attracts most of the junk and steamer trade. Its harbor is deep, spacious, and well protected. A canal connecting the bay with Lake Biwa, and thence through the Yodo river with the Inland sea, has long been projected by the government, and a railroad to Kioto and Osaka is now in progress (1876). The district around Tsuruga, which contains several large towns, is noted for its rice, silk, tea, paper, lacquer, and copper. Granite is quarried near the city, and lime is made in large quantities from marble. TUAM, a town of Connaught, Ireland, in the county and 19 m. N. N. E. of the city of Galway, on both sides of the Harrow; pop. in 1871, 4,223. It contains both a Protestant and a Roman Catholic cathedral, the latter one of the finest churches in Ireland, the Roman Catholic college of St. Jarlath, several public schools, a monastery, a nunnery, and a workhouse. The manufactures are chiefly coarse linens. Tuam is a place of great antiquity, and had a cathedral founded by St. Jarlath in the 6th century. It is the see of a Roman Catholic archbishop, and was an archiepiscopal see of the established church till 1839, when it was reduced to a bishopric, with Killala and Achonry, suffragan to Armagh. TUARIKS, or Tuaregs, a people supposed to be of the Berber race, occupying the desert of Sahara westward from Fezzan to the Atlantic. According to their own traditions, they came originally from Canaan. They are Caucasian in feature, and, though of dark complexion, have straight hair, and bear no resemblance to any of the negro races. They are bold, war like, and predatory, and live chiefly on booty and tribute exacted from the caravans crossing their country. They are very zealous Mohammedans, and are governed by independent chiefs. They are divided into several tribes, the principal being the Azkar Tuariks. The Tibboos, who occupy the portion of the desert between Fezzan and Egypt, are considered a branch of the same family. The total number of the Tuariks is estimated at somewhat less than 200,000. TUBERCLE. See CONSUMPTION. TUBERCULOUS MENINGITIS. See BRAIN, DISEASES OF THE, vol. iii., p. 201. TUBEROSE, a plant of the amaryllis family, polianthes tuberosa, cultivated for its fragrant flowers. The generic name, from the supposition that it refers to many flowers, is frequently written polyanthes, but it was given for the reason that it is especially a flower of cities (Gr. wóλiç, a city, and ǎvoos, a flower). The common name is from the specific tuberosa, it having been called by the old French gardeners plante tubereuse; this is commonly corrupted into tube rose, and the plant spoken of as if it were a variety of the rose. It has a solid, pear-shaped tuber, from the base of which proceed roots, and from the apex long, linear, channelled leaves, and late in summer a stem 2 to 3 ft. high, the upper part of which is crowded with shortpedicelled flowers, and the lower part bears a few short leaves; the flowers consist of a funnel-shaped, slightly curved tube, with six nearly equal, spreading lobes, often tinged with rose without, creamy white within, with a powerful and, to some, oppressive fragrance; both single and double forms are cultivated. A few years ago an accidental variety appeared in the grounds of Mr. John Henderson, Flushing, N. Y., which has been called "the Pearl," and is of especial value in having the stem only about half the usual height, while bearing quite as many flowers. In a commercial view the tuberose is one of the most important of florists' plants; it is but a few years since the bulbs were all imported, some from Holland, but the finest from Italy; after a while it was found that they would grow as well in New Jersey as in Holland, Double Tuberose (Polianthes tuberosa). |