law of December 22
HERNAN MISSILES ZUAZO
CONSTITUTIONAL PRESIDENT OF THE REPASBLICA
For How Much: The Honorable National Congress has sanctioned the following Law:
ArtA-ass 1A °â€ " The Rural Land Reform Boards, created by Supreme Decrees Nos. 3464, No. 3471 and NA ° 4285 of 2 and 27 August 1953 and 31 December 1955, are deleted. Law Range on October 29, 1956.
ArtA-culo 2A °â€ " Regardless of the Agricultural Courts, created by the Article 14 of Supreme Decree No 3471, and in the form determined by Art. 11 of this law, the Agrarian Courts, with jurisdiction Zonal and the National Council of Agrarian Reform is empowered, to organize one or more of the Agricultural Courts, according to the needs of greater speed and planned execution of the Agrarian Reform in national scale. Similarly, the Agricultural Courts referred to in Article 14 of the Supreme Decree No 3471 may be phased out.
ArtA-arse 3A °â€ " The Agricultural Courts are composed of:
a) A Judge, who will be a lawyer or a Bachelor of Law, appointed by the President of the Republic on a proposal of the National Reform Council Agrarian;
b) A Secretary of the Court appointed by the National Council for Agrarian Reform;
c) One or more experts or prA ctics in topographA-a.
ArtA-arse 4A °â€ " The Peasant Central of the respective Jurisdiction may designate a Promoter to require the law of the Agrarian Judge. In the same way, it will have accidental intervention, as part, a representative of the Agrarian Trade Union of the subject matter.
ArtA-culo 5A °â€ " The mobile agricultural courts will be subject to the following procedure:
a) At the time of the National Council for Agrarian Reform, it will be charged with a certain group of properties that will cover the Jurisdiction of a peasant central or sub-central or a Cantonese or Province of such a
mode that the work should be directed to the boundary of the urban radius of cities or towns towards the rural periphery and without continuity, except cases of force majeure or of an imperious need of prompt solution, that motivates a occasional alterations.
b) With fifteen dA-as of anticipation, you will be able to know by press or billboards fixed instead the list of the rural properties in which the Mobile Courts must act, with an indication of date. Such publication shall have the character of a quote with the claim, and shall have its legal value for owners and peasants; without prejudice, the Judge shall ratify this notification by means of a memorandum or in the form set out by the Article 37 of Supreme Decree No 3471.
c) Constituted the staff of the Mobile Court at the ranch, whether or not there is a demand for affectability or unaffectability, it will set the time for the hearing and will have the notification of adjoining, with twenty-four hours of anticipation, at least. When the hearing is carried out and the hearing is installed, the oath of the tophograph shall be received, by means of a seated diligence, and then, with or without the concurrence of parties, shall comply with the provisions of Article 42 of the D.S. NA No 3471. These actions will be completed, receiving the necessary information from owners and peasants.
d) With the accumulated elements of judgment, the topicograph will be zoned and the property litigated, according to the forecasts of D.S. 3464.
e) After settling the legal controversy that could-to be raised and with the technical opinion of the topicographer, could propose to the parties a direct agreement, to fix their rights discussed in vA-to conciliatoria, provided that the The parties are present and do not amount to the reduction of the rights enshrined in favor of the peasants by the Law of Agrarian Reform. In the event of non-attendance, it shall print the dispute. If the conciliation is possible, the following shall be lifted in detail in accordance with Article 43 of the D.S. NA No 3471 and shall order the topicograph to take note of the position of the parcel, adjoining and demA data, Adjusted to the reconciliation, without prejudice to the execution of a general survey of the fundo and its detailed technical report on the rural characteristics, this action will be completed indefectably in order to give a more thorough and exact to the Courts of review.
f) Finished the conciliatory limit, the Judge will dictate to the dA-next that the topographical plane is present, for which it will not be able to exceed the term of ten dA-as. In cases where, in the judgment of the Judge, it is necessary to extend this term due to technical and ground difficulties, this term may be extended by a reasoned order up to 30 days, the lifting and the drawing of the "We have to do so, without prejudice to the imposition of a fine of 10 to 50 thousand Bolivians for the benefit of the Agrarian Reform Service.
ArtA-ass 6A °â€" If opposition arises, the cause will be substantiated in the case-to-litigation, maintaining the applicant or the complainant the quality of the actor in front of the defendant. In writing from each party, the Judge will hold the cause for trial at the end of 10 days and will be counted from the last reported notification.
ArtA-ass 7A °â€ " Within the test term and with the concurrency of the litigants, may the Judge require any diligence be necessary for the clarification of the dispute, in its own motion.
ArtA-ass 8A ° â€ " Fulfilled the test term and within the following three days, the Judge will be judgment declaring that the total or partial affections or the partial or the unaffectability by qualifying the type of the litigada property, fixing the form and extent of the individual, collective, school-area, etc., with name specification,
value of the compensation, as well as the transfers and installations according to the provisions in force, except for the exceptional case provided for by paragraph (f) of Art. 5a, in which case the Judge will not give judgment until the presentation of the survey and plans at the expiration of the deadline granted to the topographers.
ArtA-culo 9A °â€ " The Agricultural Judges MAY, fulfilled the limit of affectability or of unaffectability in the vA-to the conciliatoria of the group of elected rural fundos and until they present the topogrA plans or for the case of The cause by the vA-a contentious, when they arise oppositions can be moved to the respective capitals of Department or Province, of the jurisdiction where they act, being able to remain in them only for the necessary time of the term test, for its consequent accumulation.
Article 10A °â€ " The notifications with the test term, for the agricultural purposes in the vA-a litigation, will be practiced in the same dA-a with time difference, making in such a way that the 10 dA-as are common for theArtA-ass 11A °â€ " The Agricultural Courts created by Art. 14 of the D.S. NA ° 3471 will continue to operate in the districts where there are no Agricultural Courts. fix the following procedure:
a) The demand for affectation or unaffectability of a founded or of its own office in the absence of those admitted by decree the act attempted and to order the personal notification of the defendant, if there could be and in case of absence, by cedulation at the door of the house of finance and in the respective Mayors-to Municipal; at the same time to the audience, with the consequent notification of the adjacent ones, with 24 hours of anticipation. This hearing cannot be held before the 5 dA-as the defendant has to answer, then the staff of the Court will be transferred to the hacienda litigada, to install the hearing and to comply with the actions and (c), (d), (e), (e), (f) and (f) of this Law and Arts. 6A, 7A and 8A of this Law.
b) For the missing defendants, account shall be taken of the term of the distance.
Article 12A ° â€ " The districts where the Agricultural Courts operate, the Agrarian Judges created by The D.S. NA ° 3471 shall exercise jurisdiction and jurisdiction to deal with and sentence in all outstanding causes in its court and provided that they are not suppressed for better service.
ArtA-cult 13A °â€ " The files that are In the case of the rural areas deleted, they shall be collected by the agricultural judges referred to in the previous Article, and the inventory shall be reduced and pending until the National Agricultural Reform Council has its own planned continuation in charge of one of the courts.
Article 14A °â€ " Agrarian judges who cease to win the terms in the agricultural procedure, without justified cause or in delay of justice, shall be liable for a fine of Bs 10,000.00 for the first time and Bs 50,000.00 per second, without prejudice to dismissal in case of reoffending.
ArtA-culo 15A °â€ " The Agricultural Judges, who enjoy the power of control, inspection and supervision, of the Agricultural Courts created by D.S. NA ° 3471, must make known to the Council, the irregularity that will arrive to check for subsequent penalties.
ArtA-ass 16A ° â€ " If a raA-z of the notifications to the colindants of the Hacienda affected, the demands of the dislinde arise, the Agrarian Judge will accumulate such demand to the main action and It will be concluded jointly until the judgment is handed down in both actions.
ArtA-ass 17A °â€ "The sentences handed down by the Agrarian Judges referred to in this Law are appealable and may be reviewed ex officio, consequently, they do not cause enforceability.
ArtA-cull 18A °â€" Los Arts. 44, 53, 54, 57, 58, 60, 61, 62 and 63, as well as the rights and obligations and powers conferred by Decree-Law No 3471, remain in force and are repealed that are contrary to this Law.
The meeting room of the H. National Congress.
La Paz, December 18, 1956.
Ovidio Barbery I., President of the Senate National.â€ "RernA, Castrillo J., President of the H. CA of Diputades.â€" Ciro Humboldt B., Senator Secretario.â€ "Eufronio Hinojosa G., Senator Secretario.â€" Luis Oropeza, Member Secretario.â € " Oscar Barbery J., Deputy Secretary.
Law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republicthe Republic of the Republic of China. nine hundred and fifty-six years.
(Fdo.) HERNAN MISSILES ZUAZO, President of the República.â€ " Álvaro Pá©rez del Castillo, Minister of Peasant Affairs.