Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1849-06-14

memorandum, cerii6edby the Judge, may
be filed in the Office of the county clerk,
and shall thereupon have the same effect
and may be enforced in the same manner as
the judgment of a county court.
SEc. a. If instead of reconciliation,
the terms of which are settled between the
parties, they voluntarily submit their mat
tiers in difference TO the court and agree TO
abide the judgment, or assent thereto in the
presence of the court, such submission and
agreement or assent shall be entered in the
book of records, signed by the respective
parties, and thereupon the judgment of the
court, made pursuant to the submission,
shall have the same effect, and may be en-
forced in the same manner, as the judgment
mentioned in section 81
SEC. 35. If, after service of the notice
prescribed in section ~ Of this act, either
party fail TO appear, or if the parties APP
pearlng be not reconcilsd as mentioned in
sections 81 and 33, or do not enter into the
submission and agreement mentioned in
sections "a, it shall be the duty of The
Judge to make an entry in his book Of rec
ords, stating in summary manner the ma
ture of the charge, the notice given, and
the proof of service thereof, the failure to
appear OF either party, or the appearance of
the parties, and their failure to be reconcile
ed
SEC. 30. The entries in such book of
records, or certified copies thereof, signed
by the Judge. shall be evidence of :he facts
therein stated and it shall be the duty of
the Judge to give transcript of the entries
IN any case, certified by him, from his rec
ords, to either party, on request.
Sec. 81. In any action hereafter brought
for the recovery of damages, for cause of
action mentioned in section %, the plaintiff
shall not recover costs, unless he shall at
the trial produce the certified copy mem
toned in the last section, and unless it shall
thereby appear that the notice was duly
served, and that he appeared pursuant there
unto, or that both parties appeared without
notice, as mentioned in section 81 The
defendant shall not be entitled to recover
costs III such action. when it shall appear
that after service of the notice, he failed to
appear pursuant thereto.
SEC. IS. If, however, the case be one
requiring provisional remedy, and Of such
urgency as not TO Justify the delay arising
from previous notice to appear before the
Court of Conciliation the action may be
commenced, without such appearance or
notice, and if the plaintiff afterward give
the notice, and appear before the Court of
Cancellation pursuant thereto, he may re-
cover costs accruing subsequent to such APP
pearancc.
Sec. 80. When an infant or woman is
party to proceeding before the Court of
Cancellation, such infant or woman may be
attended by the guardian or husband of
such party, or if there be none, then by some
friend approved by the Court.
Sec. 40. In an action between parties,
or between principal and agent, neither par
ty shall recover costs, unless he make it APP
pear TO the Court that previous to his com
plant or answer, he made an offer in writing
to his adversary to submit the matter in diff
ference between them to arbitration, as in
the next section prescribed, or that the case
was one requiring provisional remedy, and
OF such urgency as not to justify the delay
arising from such offer
Sec. Al. The arbitrator required by the
last section shall be three competent and
disinteres,ed persons, one to be chosen by
each party, and the third to be either chos-
eH ny tnose TWO OF oy the Judge oI the
Court of Cancellation of the County.
SEC. 40. 1t shall be the duty of the
Judge of the Court of Cancellation, SO far
as may be compatible with his duties as a
Judge, to give to every person who may
ask it advice respecting his differences with
another.
SEC. 49, No party to any admission or
declaration made before the Court of Con-
ciliation, shall be bound thereby or respon-
sible therefor, in any other judicial proceed
ing whatever, except as herein above pro-
vided.
Sec. A. No fee shall be received by the
Judge, for any service rendered in the
Court of Cancellation.
SEC. 45. Nothing in this title shall af-
feet any action or proceeding already had or
commenced.