The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-04-20
How to Avert Litigation.
A GOOD EXAMPLE FROM SORWA


A GOOD EXAMPLE FROM NORWAY
"To relieve the courts from drudg
erv, without, depriving the people Q
their rights, to obtain legal redress 70
legal wrongs, be they ever so insight
ficant, is the object of the court @
Cancellation in Norway and Denmark
1t has served its purpose so well tina
it has become the most popular tribu
nal in each country" The following
says the Atlantic Monthly for Septem
Der, is reasonably full outline OF tht
main features of this institution as il
exists in Norway:
Every city, every village containing
at least twenty families, and every par
ish constitutes separate "district OF
conciliation." The districts are small
in order to make it as easy as possible
for the parties to attend the court, as
personal attendance is the main feat.
ure of the proceedings. The court, OF
commission, as the statute styles 1T, Is
made up of two members one Of whom
acts as chairman and clerk. These Of
ficials are chosen for term OF three
years, at Il special election, by the vo-
ters of the district, from among three
men nominated by the city or parish
council. Only men above twenty
years of age are eligible, and the law
expressly provides that only. "good
men" may be placed in nomination.
The court had meets at a certain place,
day, and hour, every weeks in the citi-
es, and every month in the country
districts. 1t is not public. The pro-
ceedings are carried on with closed
doors, and the commissioners are
bound to secrecy. Nothing of what
transpires is permitted to reach the
outside world. Admissions or conces-
sions made by one party can not be
used against him by his adversary, If
the case should come to trial in the reg
ular courts. But party willing to
settle before the commissioners is en-
titled to their certificate to that ef-
feet.
The court of Cancellation has juris-
diction in all civil or private cases.
Appearance before the commissioners
is compulsory in all cases and the first
step in proceeding. The law court
will dismiss, eX otfieio, every case OF
this class that does not come up to 1t
from the court Of cancellation with a
certificate of the commissioners attest
ing that an effort at reconciliation OF
the parties has been duly made before
them.
The mode Of procedure in the peace
court is as simple as it could possibly ~
be. The plaintiff states his case in
writing, reciting in plain, everyday
language the facts upon which he bas-
es his complaint, and what he wants
the defendant to do or refrain from do
ing and requesting that the latter be
cited to meet the plaintiff in the court
of Cancellation to try to reach an agree
ment in the manner prescribed ny
law. The senior commissioner writes
the courts summons upon the COM
plaint, citing both parties to appear at
it's next or second sitting, as the case
may be. A fee of 25 cents is charged
for issuing the summons, to which is
added so cents if in the ovent conclll.
alton is effected. These comprise all
the costs in this court, and also all that
this court costs. The commissioners
reseive no other compensation than
these small fees.
The litigants must bppear in person,
except in cases Of sickness or very
pressing business engagements. when
the use of q representative is allowed,
provided, however, that he be not a
practicing attorney. Lawyers are
rigidly excluded from the court OF con-
Citation, except, of course. when they
attend to their own behalf.
If a party fail to appear in person
without good excuse, he will be ad'
Judged to pay the costs in the law
court even if he should win the case
Rules and forms play only secondary
part. The character and object OF this
court make it pre-eminently a forum
of common sense untettered by legal
tictions.
The very atmosphere Of the lowly
court room has softening influence
on. those who enter it for a contest for
legal rights. The judges are personal
ly known to- them, or are perhaps thelr
friends, and are recognized as men, III
whose imparliality and integrity they
can have implicit confluence. Even
the huuIblest citizens feel that in this
forum he treads upon hrm ana lalnllial
ground. There are no intricate for
malities to becloud the issue, no array
of lawyers to confuse him, no crowd
of curiosity-seekers to gloat over his
discomfort. The judges and the con
testants are the only ones present
Everything induces to an open, frank
and dspassionale discussion of the
points at issue. Each party looks up
on the commissioners as disinterested
trustworthy, and friendly counsellors
who will give him only such advice a.
will subserve his best inter
ests.
Why cannot we establish sucl
Courts of Cancellation throughout the
English-speaking world.-Keyiew o
Reviews.
Woman's Rudeness to Woman.