The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-25
TO LESSEN PETTY LlWsUITS
Quebcc's New Enactment borrowed from
Old French Models.

QUEBEC. Juno 23.-The curious system Of
giving bonus to the parents OF large families
OF children as a reward for frutfuness In the
married state 10 not the only remark bio GUS
tom borrowed by the authorities OF French
Canada from he land OF their forefathers. The
natural loneliness OF the French Canadian peas
antry for litigation has lust induced the Iegis-
lature Of this province to pass an act forbidding
the entering Of any action Mt law in the
rural parts OF the province. in small mat
ters OF personal dispute. until after careful
efforts have been made to adjust exist
ing differences by means of conciliuton
The act is based upon French models
but contains special provisions to suit the
peculiar conditions OF the province Of Quebec.
and is intended to diminish tho number Of
ruinous disputes nj law in the country districts
that often have their origin in quite trivial
Observation-Disclosures. In each rural municipal
ity the local council may appoint one or more
citizens Of the place to act as concilators. In
addition to these specially appointed officials.
there are to he several ex-ofllco conciliators.
including Roman Catholic priests for cases in
which Roman Catholics IRE alone concerned,
justices Of the Peace and Mayors OF towns.
The machinery Of conciation is set in motion
by the claimant. and only applies to matters
purely personal. affecting movabIcs. and
where tn" amount In dispute does not exceed
S2J. There is a long list OF excepted cases
falling outside of this definition. such rs de-
mands affecting municipal corporations and
those based on notes or for payment OF rent.
Tho conciliator appealed TO issues a sum-
mons to the person against whom the claim is
made. and the defendant does well to take
hoed OF 1t. for II he fails to appear he becomes
liable for all the costs Of tho suit which may
nfterward be brought against him. even If tho
'nf,, tt-.r,L 4
ever. appear by proxy. and II is enough for him
TO say that he does not wish to come to an
agreement to put n stop to further conciliatory
proceedings. Though the conCil,Ato Is not In
vested with judicial functions. he has the pow
cr to take evidence on oath. but not to compel
the attendance Of witnoss and the state
ments made 10y the PARTIES before the conci-
iator cannot DO afterward used as evidence II
the ease should go to trial.
French history furnishes many examples Of
the application Of the same principle. Notarial
records still in existence show that as early as
the fifteenth century leagues were formed in
various parts ut France to promote the settle
mcnt OF disputes without tho intervention of
LAWYERS and courts OF law, and tor the genrIal
adoption Ot the principle ~ arbitration, Ohi-
cnl umrirrs were appointed. who were known
n WIS" men 'PrWh0mmrSL or domestic
l,y relatives or friends the disputants. Many
Fre',ch families of to-day are descended from
these wise men. and 30 it come, to pass
that 'PrudhOmmc' Is now one OF the COM
mmn"s Of trench Canadian Surnames.
The similarity OF he new Canadian act to
! VI. iluur"ns formerly Minister for Foreign
Affairs N the French Government and prcsi-
dent IT the French l."agu" for judicial Reform,
VIII" welcomes the l'aSsaE" of the new law rs II
pmgiui mat community Of great and human
tartan IDEAS peculiar to the Latin races"
binding French Canada to the mother nation.
~ here Is this important distinction between
IN" work ing q the ConGl int!op law In France
simply witness 10 any amicane arrange
mcnt "a which h" may have been able 10 bring
III" opposing parties; while in France he Ia
also H." Judge who tries the case II the par
ties fail to agree, IL IL estimated that fully
ll,WW cases a year Will be affected hero 10y the
new law. and IL only - to - per cent. Of these
are kept out Of court by the concili ators the
saving to the rural population of French
I HnAt!a ut the expense of the legal fraternity
Wall certainly De very large.