Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-09-04
THE RUTLAND HERALD
WEDNESDAY,, SEPTEMBER 3, 1877
IN CHANcERY.


The prize ring has suggestive phrase
for one of the tight places in which one
of the bruisers may get the head of the
other, when they say, che is in chancery.
We are not read up in the history or gen
eral technical terms of prize fighters,
and we know nothing of the origin of
the term Gin chancery," as applied by
them; but we can readily see that the
term can legitimately be derived from
the legal system of the same name,
which civilization has inherited from a
dark age; and undoubtedly the term
''in chancery," now conveys to many
people the same idea, whether applied
TO legal proceedings or prize fight,
namely that the party that is ''in chan
Gerry" will get severely punished before
he gets out.
We have taken occasion at several
times to refer to the delays, vexations
and enormous expense of our judicial
system, as at present arranged, and we
now propose to fortify what we have al
ready said, by brief reference to the
modern structure of a bill in equity,
being the first paper necessary to set In
motion the functions of a Court of
Chancery. The bill is now composed
of nine constituent parts, each Of which
are clothed with all the words that an
ingenious and learned profession have,
for thousand years, been able to en-
graft upon it. The first part is the di-
rection or address of the bill to the
Court from which it seeks relief. The
second is the introduction, which con-
tains the names and description of the
parties, with their residences, business,
and such particular reference to the par
ties as may be deemed necessary or prop
er. Thus far the bill shows none of the
faulty features that set in from this
point.
Next comes the third part, or the stat
ing part, which contains a particular
narrative of all the facts and circum-
stances of the plaintiffs case, the
wrongs or grievances of which he COM
plains, and the names of the persons
against whom he seeks redress. This
part of the bill must contain every ma
terial fact, of which the party means to
offer evidence, and is the most essential
part of it. The fourth part is the con-
federating clause, wherein the defendants
are charged with combining with I'M
known persons to injure the plaintiff,
and at great length, sets up what the So
licitor, who draws the bill, imagines the
defendant has sale about the case. The
fifth part is called the charging part,
and consists of q detailed statement of
what the solicitor guesses the defense
will be, The sixth part is the jurisdic-
tive clause, and is lot of ayerments
thrown together to show that the Court
has jurisdiction, and that a law court has
not jurisdiction. The seventh part is
the, interrogatories, where the plaintiff
asks for detailed answers to every fact
charged in the bill, and repeats those
facts as before stated in the form of
questions, with an infinite variety of va
riations. The eighth part is the prayer
for relief, in which the party asks for
all the special relief he can think of,
and, ninth, and lastly, he asks for the
process of the courtto bring the defend
ant to answer and abide consequences.
When this bill is drawn up on some
twenty sheets of paper or more, and the
subpoena of the clerk of the court is at
tached, and the solicitor has taken a
copy for his own use, the sheriff takes
it and makes copy for the defendant,
delivers it, and the proceedings is com
menced where it will end only omnip-
otent wisdom can predict. 1t will go
on its course through the annals of years
the pleadings that follow are cumber-
some and expensive. All testimony
must be taken before master and tedi-
ously written out, while from four to
six solicitors and a cloud of witnesses
are waiting for it, and frequently death
claims the parties and the solicitors all
around, and new generation do just
what the original parties should have
done at first, they settle the suit, some
times using up their entire inheritance
in paying costs, and feel, during life,
that a great injustice has been done
them. The entire judicial system of the
State needs reforming, and the people,
in their sovereign capacity, can do it. If
they desire to continue this old system,
all they have to do is to remain passive,
and it will continue, but unless they.make
some effort at reform, they ought not
to complain when they get Sin chance
ry," and are badly punished.