New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-10

Commissioners Of Practice have reported io' lne
s.,.lr-.ba8art Of t. buuals OF Cancellation. Ire
establishment Of sucha Court We have No no1o'
would result benefciaLy in preventing H1'u
useless litigation and vexati0us delay. IL Tue
Introduction u their Report from which We
COPY the Commssiorers siste that Courts OF Ooh'
citation similar 70 those proposed were nr'' e'iA'-
u.hed BY the Government Of Denmark N nei
Ws., India possession. u l755 sni forty Jears sub
sseuen,y IN Denmark proper Ine system nn
snce been established, 10 greater or le's eA'sNS IL
several Of the countries Of Continental Europe and na'
oosr,,ed q. general thing satisfactorily In the year
rs7 the number Of cases brought before these Cours
in p.urusrkxss 81 So. OF which 2l-5l- were settled
900 postooped and 95g7 referred to the Courts Of
Law where only . sl7 were ever prosecuted
r,u ~ .een BIZ references TO the 10th section tna'
-, ..u.e. # action Of which this Court shall have co.
uizspcs are those resulting mainly from temper OF mis-
understanding such a. libel personal violence, Ne-
affair, which the sober second thought very ire
uen,y induce. the offending psriie. TO regret Il the
e.,5.hnen, Of these tribunals ihal have tendency
70 re9re.. tie toe prevalent splt Of litigation as ~
,bius il inevitably must then an ncsleuabe good vii
have been accomplished b, 10 the extract Here his
/ rITLF X
| or Tri5snals o. Cr-cftfior
/ SEC a. There shall 5e established ID escn Of ne
counties Of this state tribunal - De cseu 'v N01'
/ Cancellation for such county.
sc g II the City and County Of New ork. sucn
Court shsl be held by the Special Judge Of the Cy OF
| Yew.York In every other county the ccur' 'AaH Dc
Sc 81 sucb eour; NAV be held on any judicial day
sberever in this county the Judge may happen 20 De
! SIC q Any person claiming 10 have cause OF sc
hon against smother IN any OF me os-es -
section - q this act may serve On him written no
t- mentioning the alleged cause Of seton and reqal-
ring him appear before the coart OF coaeision y,
the county, where the notice IL serleo n sP'.l -
time not less than I'VE Gays rom ln1 ..4i' ~ " W. H
Sc D such notice shall Be served in the manner
prescrbed for summons by sections H. and 49, Of
] The Code Of Procedure.
! .bsu have coeni-ance are libel SANDER, malicious
prosecutions breach Of promise OF marriage assaat
battery false Imprisonment aud personal violence Of
SO 0 Al the time specified in the notice or AZ such
other time AZ hearing may be adjourned 70 BY the
court the parties appearing 'hs oe recel.su ~ INC
Judge apsr; from al other persons except - pro-
vded n section g. and thereupon Il shall be the duty
~ the Judse 10 hear the allegations and explanations
Of the parties 10 inform them Of their respective CUTS
| and n epdeAyor % reconcile their differences
| SEC 81 Parte, may voluntarily appear before sucn
court without, notice and such appearance shall DC As
| eaectuai as If notice had been previously served
| SIC 81 II reconciliation be bad memorandum
thereof stating the OF the controversy or alleged
cause Of action the appearance OF the parties and the
fact Of the reconciliation without specifying the Terms
thereof unless II shall be agreed by the parties 70
| specify them shall be entered in book Of records
| 10 be kept by the Judge, and such entry shall De
signed by the respective parties. The reconciliation
thus effected shall be the rnal determination OF the
| matter In controversy
src "a n Inc partes srree 10 A Judgment in favor OF
one against the other in settlement Of their differences
the Judge may make At the foot of the entry OF recon
Citation a memorandum stating the Judgment agreed
| upon transcript OF such memorandum, certned oy
| the Judge NAV be flied In the Cihcs OF the County
Clerk and shall thereupon have the same effect and
NAV be enforced In the manner As the judgment
| OF County Court
| SIC "a II instead of reconciliation the terms OF
which are settled between the parties they voluntarily
submit their matters In difference TO the court snd
agree 10 abide the Judgment or assent thereto IN me
pre.ence Of the court such submission and agreemen NJ
or assent shs be entered in the book q records and
sgned by the respective parties and tneteupoh the
iud sment OF the court, made pursuant 10 the suos
sion shall have the same effect and may be enforced
ia the same manner as the Judgment mentioned 10 sec
ton 3d.
SIC Is IL After service Of the notice prescribed in
section II of this act either party iail 70 appear OF
the parties appearing be not reconciled As
IN sections 81 and 80 DO not enter into the submission
aud agreement mentioned 10 section "a II sna De the
duty Of the Judge make entry In bis book oil re
cords stating In a summary manner the nature OF the
charge the notice given and the proof OF service there
Of the failure 20 appear of either party or the appear
of tn parties and their failure to be reeonced
SIC 50 The entries ia such book OF records or cert
fed COMES thereof signed by the Judge shan be evil
dence Of the facts therein stated and u shal De tne
duty Of the Judge 10 give transcript OF the entries 10
any case, certified By him. from MS recorus W el'nei
party. request
SIZE g. In any action hereafter brought tor the re
covery VI dsmsges for cause OF action mentioned 10
section y the plaintiff shall not recover costs unless
he shall the trial produce the certified copy mention
ed in the last section and unless 1, shall thereby appear
that the notice duly served and that he appeared
pursuant thereto that both the parties appeared
| without notice mentioned In section 81. The de
PENDANT shall not be entitled 10 recover costs IN such
action when II shall appear that after service Of the no
tee he failed 10 appear pursuant thereto
SEC 81 H. however the case be one requiring pro
vsional remedy and Of such urgency as not to justify
the delay arising from previous notice 10 sppesr be-
fore the Court of Cancellation the action may be com
menced without such appearance or notice aud u the
plaintiff siterward give the notice sud appear before
The Court of COncsti pursuant thereto he may re-
cover costs sccrung subsequent 70 such appearance
sEc 49, When an infant or woman Is party TO a
proceeding before the Court OF Cancellation sueh IN
| isnt or woman may be attended BY the guardian or
husband of such party II there be none, then BY
some friend approved by the court.
| sEc 40 In an action between parties, or between
principal and agent neither party shall recover costs,
miles, he make il appear 10 the court that previous
T. his complaint answer, be made an offer In wit
Ing 10 his adversary d submit the matter IN dinrrence
between them to aroiirhton as IN ne next section
scrbed. that the case was one requiring provsi9h'
Al remedy and Of such urgency As not 10 Justify the de-
lay arisug from such Orer.
sgc a. The srbitraiors required by the last section
shall be three competent and d.interesed persons one
20 be chosen By each party and the third 70 be either
chosen by those by the Judge Of the Court OF
| Cancellation Of the County.
SIC A. Il shall be the duty Of the Judge Of the Court
OF Cancellation 80 lar may be compatible with MS
duties a. Judge 10 give - every person who may ask
! n advice respectin. bis differences with another
SIC a. No party 10 any admission or declaration,
made before the Court of Cancellation, shall be bound
thereby or be responsible therefor 10 any other judicial
proceeding whatever, excepting as herein above pro
| yded
| SIC a. No fee shall be received BY the Judge, Tor
any service rendered In the Court Of Cancellation.
SEC as Nothing IN this ,e shall sfect any action or
| proceeding Already hal or commenced.
TITLE VIII
| Ofhe Special JsdSs n ths city d NeC- York.
SEc H. There shall be elected in the City II New
York by the electors Of that City, at the annual char
ter election % be held the second Tuesday VI April
next judicial officer, 10 be designated Special
Judge of the City Of Newiork who shall bo Judge Of
the tribunal Of Cancellation hereinafter established
and perform such other duties or may be pre-
| scribed by law.
| SIC II such Judge shall be voted for on ballot
which shall be distinct from any other bao, al the same
election and deposited in a separate box marked Spe
cal JUDGE" The shall be canvassed and certified
| in the votes tor the Recorder Of TIE
City Of New York and certificate thereof shall be fled
! with the Secretary OF State.
| SIC 10 such Judge shall receive an annual salary
payable quarterly out OF the Treasury Of the City Of
| New Ysrk the amount of which, not less than two
thousand eve hundred dollars, shall be fixed oy the