The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-06-29
THE COURT OF CHANCERY OF VERMONT

The declaration of the rights of the in
habitants Of the state of Vermont, in the
fourth article, declares that "every person
"within the state ought to find certain
remedy, by having recourse TO the law,
g for injuries or wrongs, which e may re-
A" ceive in his person, properly or char
acter; he ought to obtain right and jus
" tice freely, and without being obliged to
"purchase it, completely, aud without
"any denial promptly, ard without
" delay conformabY to the law" This
article was not inserted in the declaration
of rights until 17S6-nine years after the
adoption of the first coLstituton-but the
constitution of l777 provided form fact
establlshed-a court of chancery, while in
1910. as we showed yeserd,y, the general
assembly, 10 effect, created court OF chan
Gerry having substantially the sane power
as the present court of chancerv, thus pro-
vidng for obtaining right and justice freely
and completely. 1t remains to Inquire
whether, so far as legislation is coacerned,
right and ilstie can be obtalI Cd prompt
"sly, and without delay conformably to the
CLAW"
We confine our remarks to the court of
chancery because, just now, that is the
particular object Of sttsck-presumably be-
cause in certain railroad litigation the de
crees and orders of the court huve not been
exactly what the counsel on one side de-
sred-although it is but few weeks age
that the courts of law were similarly at
tackled because 10 the case of John p Phair
he obtained Fright and justice freely, and
without being obliged to purchase 1t;
completely, and without any denial
promptly, land without delay conformaby
"to the laws"-and that was the very
thing he and his friends complained of, anC
60 the governor was persuaded to go out
side of the constitution and lava, and denl
him complete right and justice, elthe
''freely," promptly" or otherwise.
And so the courts of law are too prompt
the courts of chancerY are too slow. By GU
statutes all process is returnable at a state(
term of the court-in Rutland county, OF
the second Tuesdays in March and Septem
Der. Process in law and in chancery ar
returnsble at the same time In law, sui
may be commenced-a suit on a note l.
which there is no defense, if you please
and II the defendant so wishes, a judgmen
cannot be obtained for seven or nine month
That is to say, a suit may be commence
to-day on note; it will be entered in couI
on the second Tuesday in September
and II the defendant appears, athoug
there may be no defence, Judgment car
not be obtained until March, and an ex,
cution will not issue until sometime
April-on tho last day of the March teri
Of court.
This, mind you, is a suit at law, whei
there is no defense. Let us see how 1t
with a suit In chancory, where there is
defense. The bill lie filed, the process |
sued, and served to-day; tie defendal
must appear on the first day OF the ne,
term CT the court--the second Tuesday
September-the answer must be filed wit
In forty days after the adjournment Of h
court, and the replication within TWEEN
days thereafter; and all the testimol
must be taken and filed within forty da
thereatter-- that IS, as the rule OF the COT
has 1t, within ''one hu1dred days FRI m !