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§ 1520. The judge must proceed to examine the account and the objection, pursuant to the notice, on the day specified, or on some other day to which the examination may be adjourned, and may, when it involves the taking of oral testimony, or the examination of numerous vouchers, refer the same to a referee, to hear the parties and their evidence, and if necessary, restate the account. Upon filing the report of a referee on a receiver's account, an opportunity must be given to the parties interested to be heard.

§ 1521. The court must make an order, allowing, disallowing or modifying such account, according to the report of the referee or otherwise, as may be just, and must direct the proper payment and distribution of the balance, if any be found in the receiver's hands. Such order is final as to all parties receiving notice, pursuant to the provisions of this title.

§ 1522. Every receiver, appointed pursuant to this title, must close the affairs of the corporation, and render his final account to the court, by filing the same within sixteen months from the time of his appointment, or within such further time as the court, on application and cause shown, may allow.

TITLE VII

OF PROCEEDINGS IN THE COURTS OF CONCILIATION.

SECTION 1523. Courts of conciliation, where and by whom held.

1524. When and where held.

1525. Notice to appear.

1526. How notice served.

1527. Of what causes of action, court has cognisance.

1528. No appearance, how to proceed.

1529. Voluntary appearance of parties.

1530. If reconciliation had, memorandum thereof.

1531. If judgment agreed upon, memorandum thereof.

1532. Submission to judge.

1533. Entry by judge in book of records.

1534. Entries, evidence.

1535. Party not appearing, eannot recover costs in action.

1536. In case of urgency, action commenced, and appearance afterwards.

1537. Infant or woman appearing may be accompanied by friend.

1538. No costs in actions between partners, without offer to arbitrate. 1539.

Arbitrators, how chosen.

1540. Duty of judge to give advice.

1541. No party barred by admission befcre judge.

1542. No fees allowed.

This title is the same as that reported by us, in our third report. The provisions are few and simple; but they appear to us sufficient for the purpose. In the French code of civil procedure, eleven sections only are devoted to the proceedings in conciliation; and that they are not found defective in details is proved by the fact, that in a single year 726,556 cases were settled in that way. (See note to section 350.)

It was a question with us, whether justices of the peace should hold courts of conciliation. Upon much reflection it appeared best to begin the experiment with judges of the county courts, because the advice and influence of such judges would have great effect in bringing parties to a settlement. It strikes us as indispensible, that the officers before whom the parties appear, should be able to give them advice respecting their rights, in which they can confide. If they are not sent before such persons, in fact the proceeding will become a mere form. The experiment is altogether new in this coun

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try, and we desire it may be tried under the most favorable auspices.

The experience of other countries is not without its use to us. In Norway it is said, the proceeding is a mere form, because the judges are inferior magistrates, without influence over litigants. In France, we have this account:-"This institution owes its existence to the law of the 24th of August, 1790. It produces much good in the country; but its advantages are almost entirely lost in the large towns, and especially in Paris, where the justices of the peace, having in general little knowledge of the persons who come before them, can exercise but a feeble imfluence."-Les Codes Français Expliques, by Rogron.

§1523. A court of conciliation is held in each of the counties of this state. In the city and county of NewYork, it is held by the city judge of the city of NewYork; in every other county, it is held by the county judge.

§ 1524. The court may be held on any judicial day, wherever in his county, the judge may happen to be.

§ 1525. Any person, claiming to have a cause of action against another, in any of the cases mentioned in section 1527, may serve on him a written notice, mentioning the alleged cause of action, and requiring him to appear in relation thereto, before the court of conciliation of the county, where the notice is served, at a specified time, not less than five days from the time of service.

§ 1526. Such notice must be served in the manner prescribed for a summons, in a civil action.

§ 1527. The causes of action, of which this court has cognisance, are libel, slander, malicious prosecution, breach of promise of marriage, assault, battery, false imprisonment, and personal violence of any kind.

§ 1528. At the time specified in the notice, or at such other time as the hearing may be adjourned to by the court, the parties appearing must be received by the judge, apart from all other persons, except as is provided in section 1537, and thereupon, it is the duty of the judge to hear the allegations and explanations of the parties, to inform them of their respective rights, and to endeavor to reconcile their differences.

§ 1529. Parties may voluntarily appear before the court, without notice, and such appearance is as effectual as if notice had been previously served.

§ 1530. If a reconciliation be had, a memorandum thereof, stating the nature of the controversy, or alleged cause of action, the appearance of the parties, and the fact of the reconciliation, without specifying the terms thereof, unless it be agreed by the parties to specify them, must be entered in a book of records, to be kept by the judge, and such entry must be signed by the respective parties. The reconciliation thus effected, shall be the final determination of the matter in controversy.

§ 1531. If the parties agree to a judgment, in favor of one against the other, in settlement of their differ

ences, the judge may make, at the foot of the entry of reconciliation, a memorandum, stating the judgment agreed upon. A transcript of such memorandum, certified by 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.

§ 1532. If, instead of a reconciliation, the terms of which are settled between the parties, they voluntarily submit their matters 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, must be entered in the book of records, and 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 enforced in the same manner, as the judgment mentioned in section 1531.

Conformable to the provision of the constitution, which is in these words: "Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law, but such tribunals shall have no power to render judgment, to be obligatory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law."

§ 1533. If, after the service of the notice prescribed in section 1525, either party fail to appear, or if the parties appearing be not reconciled as mentioned in sections 1530 and 1531, or do not enter into the sub

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