Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
BOARDS OF CANCELLATION.
rs. Is, No. IL

| DOAIGDO Ut SoNClL1Al lON.
J Is. B. No. IL
An Act Providing for the Establishment of
Boards OF Cancellation, and Prescribing
the Mode of Procedure in the Same, and
to repeal Chapter As, Laws of 1898.
| Be 1t enacted, etc.:
SECTION l. ELECTION OF COMMISSION
ERs.] There shall be elected at the SANE
time and in the same manner as the justices
or the peace in each town, Incorporated
village and city from the qualified voters
thereof, four commissioners of Cancellation
whose term of Office shall be two years
and until their successors are duly elected
and qualified. The time Of commencement
Of their term of Office shall be the same as
that prescribed for justices of the peace.
SEC. 2. PROCEEDINGS BEFORE COMMITS
sIoNERs.] At the time of issuing the sum
mons in any civil action begun before a
justice of the peace, or at any time after
mons and only on the request of either
party and by consent of both parties in
said action the justice shall issue a sub
pGna su%mmoning two ~ of the commits
sinners OF Cancellation elected for the town,
village or city where the action is brought
and the defendant or the plaintiff, as the
case may require, to appear before him at
some m prior to the hour designated in
the summons, which subpoena shall be
served in the same manner as a summons
is required to be served il actions in the
district court, and may be served by the
party obtaining it issued and at any time
before its return day. If either party fails
to appear at the time designated in the
subpoena it shall be SO certified to the JUS
Iice OF the peace by the commissioners be-
fore the return hour of the in
said action. If both parties appear they
shall then 60 before the two (25 commits
sioners summoned, as aforesaid, and state
their differences, which statements, or 80
much thereof as is necessary to show the
issue between the parties, shall be reduced
to writing and shall constitute the plead
ings in the case. The parties NAV then
Introduce evidence in the order and under
the restrictions prescribed by the commits
sioners and it shall he discretionary
with the commissioner whether or not
the witnesses shall be sworn before testi-
flying, and if so required, one of the COM
missioners may administer the oath. After
hearing all the evidence offered it shall be
the duty of the commissioners to the best
OF their ability to persuade the parties to
agree to an amicable settlement of their
dltferences on such terms as to them ap-
pear just and equitable. If an agreement
is reached it shall be reduced to writing
signed by the parties, certified to the JUS
tlce, by him entered on his docket OF the
case, and shall then be a Judgment of the
court of said justice therein; provided, that
no agreement shall be entered unless it can
be put in the form Of a judgment now au-
thoriZed by law to be entered by justices of
the peace. At the hearing before the COM
mlssloners each party must appear in per
son, except in the case of non resident par
ties or for cause, when a party may appear
BY an agent, duly authorized in writing.
NO attorney, except as such agent, nor the
justice of the peace before whom the action
is pending shall be allowed to appear or
in any way act in the hearing before the
commissioners. IT at such hearing the
parties fail to agree, it shall be 80 certified to
the Justice before the return hour of the
who may then proceed to trial
and Judgment as though no such hearing
had been had therein, and the parties may
De allowed to tile amended pleadings.
SEC. :: COMPENSATION Of CoMMls SION
Frs. The commissioners shall receive
the same mileage and per diem as jurors
IN Justice courts. All fees and costs shall
he included In the settlement and paid by
where the parties thereto fail to agree the
costs shall be paid jointly by both parties,
unless otherwise agreed to. Ii a commits
sloner disobeys the subpoena of the justice
ne shall be proceeded against in the same
manner as a juror who fails to appear
when summoned by him.
SEC. 4. PROCEEDINGS NOT EVIDENCE
AT SUBSEQUENT TRIAL. No part OF the
proceedings had before the commissioners
shall be admitted as evidence or consid
cred at the trial of the case before the JUS
tice; nor shall any of the commissioners
who took part in such hearing before them
be allowed to testify therein.
= SEC. 5. REPEAL. That an act entitled
: "an act providing for the establishment of
courts OF conciliation, and prescribing the
: mode of procedure in same" being Chapter
E 40, Session Laws of 1898, relating to courts
! OF Cancellation, be and the same is hereby
: repealed.
Emergency clause
Approved March IA, 1895.