February 6, 7, 1939. November 22, 1940. Present: FIELD, C.J., DONAHUE, LUMMUS, QUA, DOLAN, JJ. Equity Jurisdiction, To enforce trust. Trust, What constitutes, Constructive. Conspiracy. Agency, What constitutes, Of fellow conspirator. Equity Pleading and Practice, Appeal, Jury issues, Waiver, Rehearing. Judgment. Constitutional Law. Trial by jury. Municipal Corporations, Officers and agents. Fiduciary. Evidence, Affecting credibility of witness, Competency, Of conviction, Consciousness of guilt, Admission