The Bismarck tribune., 1921-09-30

Inc law prOVlQeQ COHclilatlun
boards should be established in each
county, within ninety days after the
taking effect of the law, which became
effective July /, and each board shall
consist of such number of c0nciliatOrs
as the district judge of such county
shall determine. The judge has the
power to increase the number and to
remove cOnciliators at pleasure, but
at no time shall there be, less than six
members nor more than twelve mem-
bers on any such board. The county
Judge shall be eX-officio member pf
the board for his county.
A member of the bar is eligible for
appointment, but shall not appear in
any subsequent proceedings on behalf
of either party to any controversy
submitted to him as conciliatOr.
To Pay Fees
The moving party to any contrO-
versy shall pay the conciliator sum-
mons fee of Is cents in cases inyol-
wing sum of over ten dollars. Ia
every case where conciliation is effect
ed the acting conciliator shall be en-
titled to receive for his services the
sum of one dollar where the amount
of. the controversy is ten dollars or
less, and two dollars where the
amount is over ten dollars and less
than one, hundred dollars. and two per
centum Of the amount involved where
the amount is over one hundred dol
lars said amount to be assessed
against either party, or part against
each, at the discretion of the concilia-
tor. Provided: that when two or more
cyonciliatOrs participate in a hearing
like fee shall be paid to each of
them.
Conciliators shall enter on their
duties within ten days from the date
Of their appointment and take the
oath Of Office. The district Judge is
chairman ex-offici0 of the board of
each county Of his district, shall call
such meetings of the board as he shall
in their duties and may request concil.
iatOr to make report in writing Of his
official acts. N
No process shall be issued in COM
mencement of a civil suit by any JUS
tice of the peace vor by any other trial
court unless the moving party shall
file in court certificate of concilia.
tor showing that an attempt has been
made to effect settlement of the
claim and that such attempt has fail
ed; but the foregoing shall not apply
to actions known as provisional or
remedial remedies, actions involving
title to OF possession of real estate
and suits involving over $500.
Must See conciliators
Any person with civil claim be-
fore commencing suit, shall request
one of the conciliators for the county
in which he resides or in which the
person complaining resides, to act as
cOnciliator
Thereupon such c0nciliator If quail
fled and able to act, shall summon by
letter or telephone or personally the
party complained OF to appear before
him at certain time. Upon the hour
set for such econciliation hearing, if
the parties are present, it shall be the
duty Of the cOnciliatOr to hear the
parties and their. witnesses and to en-
deavor to effect an amicable settle
deavor Of the controversy agreeable to
law and equity. Conciliators may in
require statements under oath. They
shall make no record of the evidence
adduced, and no parts of the proceed.
ings shall be admitted as evidence, or
considered at the trial of the case,
and no c0nciliator shall be competent
as q witness in respect thereto in any
subsequent proceeding.
Change of Venue-At the time OF
the first hearing and before proof has
been submitted by any party, the par.
ties may by mutual agreement elect
to submit their controversy to anoth-
er conciliator than the one first select.
ed; and in such case the first concilia.
tor shall dismiss the proceedings and
make no record of report thereof
Continuances. ~ Conciliators shall
from time to time to meet the con-
venience Of the parties.
COnciliators may sit t0gether-Con-
ciliators shall have power to request
the assistance Of other cOnciliators of
their county in any conciliation pro-
ceeding, and in case two or more con-
ciliators oRciatc in respect to any
controversy any one of them may GER
tify the proceedings on behalf Of all.
Not Obliged to Serve
Conciliators not obliged to serve
No conciliator is obliged to act in any
given controversy, and shall not act
ii he has any interest in the contr0-
versy or is member of the imme-
diate family of either Of the parties,
unless consent is given. In case no
conciliator convenient to the moving
party is obtainablr thEn the county
judge Of that county shall act as con-
ciliator.
Conciliator's rcport.-In every case
~ 1,,h;oh ~ oono;l;otor shall .orvo m