Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-09-16
COURTS OF CANCELLATION.

1 The subject of cancellation courts has
excited considerable attention, and appears
I to be increasing ia favor with the friends Of
reform. Courts of this description were
4 introduced upon The attention of the New
| York constitutional convention at az early
period Of the session but met with little re-
gard; more recently however the conven-
tios has revived the discussion in relation
to this kind ofjudicatory, and it at present
appears TO number among its friends, many
of the ablest men in that body. For the
the benefit OF such Of our readers as may
not be informed as to the organization and
purpose Of these courts,we give brief out
line, according as we have gathered the
! facts from the discussions ia the n. Y.
! Convention.
I Where these courts exist, there are honest
and intelligent men appointed in the town,
precinct or district, called concilialors or
commission ers, to hear the complaints and
allegations of parties gcontroversy.
The parties appear before the conclliators
without the aid of lawyers; each states his
case and the points and questions of conlro-
versy existing between them, and the facts
on which the claims are based. The con-
cliators hear their statements, take into
! consideration the rights of the parties,
the equity Of the case, and advise the par
ties in regard thereto and make efforts TO
bring them to Cancellation. No witnesses
appear before the court OF Cancellation, nor
are attorneys employees; nor are any state
ments or admissions of either party in this
court ever admitted as evidence elsewhere.
If the parties are brought to an agreement,
the terms of the agreement are reduced to
writing, signed by the parties and the court,
and the time fixed for the payments of the
amount agreed upon. If the amt agreedupon
is not paid at the stipulated time, execution
issuesvery similar tothat from justice court.
But if the parties cannot be brought to an
agreement in the court of Cancellation,
certificate to that effect is given by the
court 10 each Of the parties, after which Ell
Their party is at liberty 10 commence aR ac-
ton in the way ordinarily resorted to in
this county. 1t is not made compulsory for
the parties TO first bring their cause before
the court of cancellation, but if party.
brings a suit before any other court without
having certificate signed by The conciia-
tors, stating that his case has beer before
the concliators, and that no settlement
could be made, he is not allowed to recover
any costs in any other court.
The above is summary.vlsw OF the ma
ture and structure discounts of cancellation.
The great utility of such judicatory for
the adjustment of differences will upon a
little reflection. ;. We appreAefd, commend
itself to evel.redecdng mind. 1t appears
from the Edinburgh Review that courts Of
this kind were first established in Denmark
in the year 1895. Their effect in lessen
ing litigation is proven conclusively from
governmental documents. "During the
three years preceding the ESTABLISHING mt of
this institution, there came before the
courts of law in Denmark 25,52l causes,
and during the three following years, there
came before the courts 1858, making the
astonishing difference of 1868 law suits
in three years" 1t appears that courts of
this kind have been established in Prussia
and several other countries OF Europe -
Wherever Institutions of this kind exist,
they are found to produce the most graft
flying results in checking the spirit of litl-
CATION. Among the arguments in favor of
Cancellation are the following.
The principles upon which courts of con.
Citation are established are in consonance
with the great doctrines of christianity,
which teaches, that before we turn over our
offending brother to the Judge, we should
exhaust every reasonable effort, for concili-
alton and agreement The Supreme law
giver has held on, the highest inducements,
10 invite men to upright and neighborly con
duct towards each other; the highest re-
ward is rendered 10 those who allay the pas
sons of men: "Blessed are the peace ma
ken i~rslssshaIl be.called the children
oiFoaA " the eloquent language of a
member Of the New York Convention:-
THE principle of Cancellation is founded
in the christian spirit Of kindness and peace.
Friendly advice and kind words often ac-
compIish what the law connoi; it is like the
morning dew, the summer shower; it cools
and rauquilizes the burning passion, and
leaves freshness and beauty IN the place Of
darkness and waste"
Courts of Cancellation are also calculated
to effect an immense saving of expense 10
tie people. The annual CT ST OF litigation