The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-05-09
l,o,,rts M Conclllat ion. .

The new Constitution authorizes the establishment
New York lately wrote to the Danish consul at Phiia-
dephs for general facts relating to the basis on
which courts Of Cancellation have been established in
Denmark. MIR Stevens received the following reply
from the Danish consul, which the former gentleman
sent to the State Senate In the form Of petition The
senate has ordered II to be printed =:
PHILADsLrHIA, Dec. %, 1896
JOHN L. STEVENS, Esq, New York,
SR-lt is with great pleasure respond to your call
Tor any information in respecting the nstitu
tion Of " Cancellation Courts in my country. estab-
sessions by ordinance of March 1885, and after
wards in Denmark proper by ordinance Of July 10th,
lIyo IN Norway by an ordinance Of January 10th 1891
and In his majestys West India possessions the
plan, by an ordinance of Dec. Z, 1895
As striking evidence Of its usefulness. feel happy
In being able to state from the Government hegencer
Of December 18th, 1915, in my possession. that by
official reports TO the Board of Justice for the years
ls43 and 1874 1t appears that in the year lsl3
the number Of cases brought before the con
Citation courts in Denmark proper amounted to
81 1888 Of which 5l2 were settled 299 postponed and
1897 referred the courts Of law Of which however
but sl7 actually prosecuted by writs and that
sl4 the number Of such eases amounted TO 229i4, Of
which 10 23i were settled 276 postponed and 7,494
ferred to the courts Of law, of which likewise but
paritively small number say 2459 actually prose-
out of 81 33s for the year lsi3 but 2 and OF 1914
for the year 1884, but 2l59 became suits at law BY
ports to the same eject from His Maestys West India
possessions Tor the year ls43 the result In equally graft
Tying inasmuch as out Of 723 $50 settled and
only 9 referred to the courts of law Of which but SO be-
came actual suits ut law.
The great principle laid down with the institu
ton in question IL that courts Of law shall take cogn
zance OF any private civil suit Whatever unless the
shall have been duly tried before the competent
Cancellation and in failure of settlement thence
ferred for further prosecution at law therefore not
optional with the parties a of this kind to avail
themselves Of the above institution not their plea
sure is an imperative duty-an absolute require
ment-from which there is no dspensaton.
From the above principle it follows, n natural con-
sequence that the subject matter Of any suit at law Of
this description must be identical with the submit
ted to the Court of Cancellation, nasmuch as nothing
can be adudicated but what has been duly ut
Citation with the exception Of and interest from
the day of entering suit the may direct IT, there
FORE certain specification be required by law in the
writ the same ought. from prudential motives at least
to be adopted in the pcation to the Court Of Conc
alton.
With view to facilitate the to these courts
to simplify their proceedings II has been deemed exped
en by the Danish laws to admit verbal applications
and in the summons to the parties they actually dis
pense with any specification at all beyond the
names Of the parties leaving to the in
ease Of failure Of settlement to specify the in
their certificate of reference
Considering however the Importance Of giving to the
said specification the full extent of ground which the
eventual suit at law is intended to the plaintiff
WILL In most cases Of Importance and difficulty find 1t his
interest to have his application drawn in writing by
professional lawyer and this has accordingly become
copy thereof the defendant receiving the orr
gna the reference to the commissioners in OF fail
ure OF compromise Said written application may also
very conveniently serve voucher in confirmation or
explanation OF any compromise that may result from
the proceedings had.
With regard to entitled by law to more sum.
mary proceeding than IL generally admitted in the ord
nary of law, and where trial ut Cancellation be
fore some other court would naturally involve a delay
inconsistent with the despatch originally contemplated
this duty has with been assigned to the respecv,
judges having jurisdiction in the matter before allowing
legal proceedings to commence or this description
with all coming within the jurisdiction of police
courts marine courts courts for the settlement OF petty
debts, and ordinary courts OF law, where summary
mode of proceeding may have been authorised by law
with view to the nature of the in the instance
OF n claim by bill Of exchange or the position OF the
parties where or the other of them may be So
journcr only. A similar exception from the rule. but
from other considerations has been made in favor opro
ceedings before the orphans court
The main object Of the above institution being final
settlement Of any subsstng controversy between the
parties to 1t, without to vexatious long pro-
tracted and expensive law proceedings becomes inds
pensaby necessary for its attainment that any compro
mise entered into concluded by the parties should
be rendered equally conclusive with II decision of the
Supreme Court both regards rreversibty by appeal
and promptncss OF execution by the Sheriff There Is
no doubt, something very startling Ia this proposition ut
the first glance nasmuch Us the Commissioners thereby
seem to be invested with power, apparently too mon
trous to be welded by any authority in the country
than that Of the Supreme Court but closer inspec
tion, presume the alarm will in great measure sub
II is considered that Il involves no question Of iursdc
ton with the Commssioncrs-no right to enter into
legal investigation of the matter before themnor powe
to pass judgment on the parties, with without thei
consent The whole action of the Commissioners Is II
fact limited to mere mediation between the parties
without any other power influence them thar
what their weight Of character is calculated to give
and II successful the parties themselves become the
tors they make the compromise and they sign the bond
while the Commissioners are merely acting witnesses
to the deed and when contract Is entered into
concluded by competent persons, under such crcum
stances 1t Is by itself clearly Of validity not to be
aside by any courts of law; and might therefore, will
great propriety be left to stand upon its ground without
requiring judicial Intervention for its execution by lcga
authority.
The above system may he adopted upon greater or
smaller scaie II may embrace the whole State or II may
be confined to particular cities counties accordingly
as these communities may desire its establishment or
not But to the extent it shall bc adopted it must
necessity be full and comprehensive in its operation
answer the object OF its institution.
In my country it has had fair trial; 1t has been In
operation as above stated throughout the whole conn
try for than half century and has proved itself
highly beneficial to the community but whether IT will
meet with the favor in this country, when intro
duccd be equally successful in its operation may be
n matter Of doubt considering the great disparity
existing between the two countries, both as re-
CARDS the form of their governments and the cha
racter Of their pcople-a difference which may have
important bearing upon the question at issue The
system IT, in ITSELF not without its practical Difficult
Sos requiring as IL were independent agency for
their adjustment which office has been very bcnehcally
exercised with by the General Board Of Justice and
by the high sheriff of the country But your govern.
ment il differently organized aud presents such sau-
tary aid supervision, and will hardly admit of sub
sttutc therefor. The people OF this country seem
moreover to be over jealous of any intcrgence with
the management Of what they disposed TO call their
affairs. and cannot, therefore be supposed look
upon tho above institution with much favor real
y deserves at thcr hands apprehendop tho contrary
that they will find their personal appearance before I'll,
Compissoners within closed doors and the discussion
Of their conduct in the special matter before them
favor Of compromise on the OF expedency, botf
in legal and moral point OF view to be interference
with thor indepcndcncc-a mastery them to which
they will not willingly submit; pretending at the san,
time, that compromise without it Is within ther resch
through their attorneys IL they choose 70 adopt III for
getting however, that the main pqns VIII be wanting
viz: the executive warrant 70 carry II into effect.
Should any law or .Se subject be framed with vie,
to Accommodate prejudices Of this kind, by making
OPTIONAL with the parties to avail themselves Of this
stituton not Mt their pleasure, apprehcnd that tn
| scope and purpose of the institution viii bc los
altogether and nothing left but what will ee IN abuse
viz that OF registering new corrac.s inEiead Of set
Ting existing controversies u IL. therefore, In my
opinion OF cOnaderahe Importance for the Of tn,
system no. 20 give way to prcjudccs OF this description
ut to meet them by argument in showing that the pro-
ceedngs required before the commissioners together
with the personal appearance of the parties IL practoa-
ble under the penalty Of paying cost Of suit afterwards
do not all interfere with their right when In court TO
cnt.r upon the subject decline u altogether ~ to
them shall NJ sad though the injunction so under
stood er qualified, may appear 20 De OF trinng import
the practical result is far from being go naa.sich ns
meeting of the parties before impartial men In most
cases will turn out be considerable step towards an
| actual compromise 49,, .
have above alluded TO abuse to which this inst
tutio contracts