The Implementation Of Act No. 299/1919 Sb. About Courts Of Price

Original Language Title: provedení zákona č.299/1919 Sb. o lidových soudech cenových

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=1248&nr=347~2F1919~20Sb.&ft=txt

347/1919 Sb..



Regulation



the Government of the Czechoslovak Republic



of 21 June 1999. June 1919,



implementing the law of 28 June. in May 1919. 299 Coll. and n.

folk courts price.



Under section 15 of the Act of 28 June. in May 1919. 299 Coll. and n.,

ordered:



SECTION I.



About the Organization people's courts of the price.



§ 1.



The establishment of the people's courts of the price.



The establishment of the people's courts will price turns head

the District Court on the trade union organization of merchants and tradesmen

farmers, workers, as well as people with a fixed salary, or, if not

such trade union organisací some groups, on the Organization of

political, involving predominantly the Group and

the district, with the challenge to propose at least a week after the 6 candidates,

belonging to the Group (of which at least 2 women in the Group

the workers and in a group of people with a fixed salary). If the head itself

the knowledge of these organisací, the shortest route is

requests for designation to the competent political authority. If

exceptionally, it was not in the area of trade union groups and those of the upper organisací

also not politically organisovány, head of the Court, has the right of appointment,

where your own knowledge of the area, for the conscientious selection of people.



Other than the suggested person can appoint proceeded only if the

If people do not comply with the terms and conditions proposed § 3, para. 4.

the law.



For lack of a prescribed property must not be appointed as

proceeded to the person, the criminal conviction must not be admitted to the

the service at the Court; more nebuďtež for the lack of vision of the

designated persons under 35 years of age.



At the same time with the appointment of lay judges appointed by the head of their respective alternates from the

of single judges, appointed to the Court of the district.



§ 2.



When is the Court cast properly.



People's Court the price is properly cast (§ 477, no. 2 civ round s.) if

compliance with the general terms and conditions § 3, para. 2. the first part of the first sentence and paragraph.

3. the law on the judiciary of the folk of price.



§ 3.



On taking the oath.



Assessor be taken to pledge during the first staff of the Act and so be it promise

executed according to this formula:



"I promise on my honour, that I will be your Office as a member of the people's Court

price konati conscientiously and impartially and to observe the laws and official

mystery. "



Together, be it with due legal interpretation assessor warned that in this

his rank is a public servant after the sense of § 101, para. 2. tr. z.,

also then either notified of the reasons for exclusion and rejection.

P



log on to the promise of either signed by the Chief and associate and taken to

presidiálním files.



§ 4.



Who decides on exclusion and rejection.



About it, if there are reasons for the exclusion of the neb, the assessor's refusal,

President shall decide definitively.



§ 5.



When a member of the odmítnouti the adoption of the Office since its forget.



The assessor may odmítnouti the adoption of the Office or his forget, if the old

60 years of age or suffers from a disease that prevents the exercise of the authority. On the admissibility of

denial or surrender of the Office of the President shall decide definitively.



§ 6.



When the assessor can be deprived of his Office.



The assessor may be deprived of his Office:



1. If you are experiencing neb come out on the scale of his circumstances which would

were excluded the possibility of his appointment for a criminal conviction,



2. If he is a gross violation of official duties, and

again, without proper justification, the Court



3. If, as a result of changes in the profession will exit from the Group

for which he was called.



For waiver of Office decides the President and his decision is permissible

the complaint within 14 days of the Collegiate Court of first instance. This decision is

final.



§ 7.



The consequences of neglecting official duties proceeded.



The associate, who without sufficient justification to version or

amicable negotiations, or otherwise moving away of their official duties,

be admonished and repeats it, punished by a fine in the riot

400 K for each case, as well as the doomed to compensate for spending.



When additional apology can be conviction entirely neb partly remitted.



Against the riot to a fine and to refund the extra spending can not administer the complaint

the Collegiate Court of first instance, which decides finally.



About the conquest of the fines, the provisions of the rules of procedure of the Court,

regarding the use of the prescription of section 220 c. l. s.



§ 8.



The publication of one of the lay judges.



The names and residence of the lay judges be publicly announced on the Board, the judicial and

in the Official Gazette of the District Executive.



§ 9.



The formation of the boards of appeal and the work allocation.



The President, looking to form a section 8 of the Act, the Chambers shall be permanent, and that after 2 chambers

three-member Panel of judges and 2 pětičlenných. These chambers be filled

so that in one Senate were always represented the farmers and in the second

sole traders and merchants. The President may be common. Together then determines

surrogates, who have nastoupiti, if one of the lay judges

something has gone. In setting the agenda, in which they have the assessor Office, konati

the Chairman of dbáti duly reasoned wish lay judges. To the objectives of the

can be lay judges will be asked to indicate to the President these days coming

14 days, when the súčastnění is the official negotiations were impossible or

associated with considerable difficulties.



From the set of the show let it be is odchýleno only in the case of session

extraordinary, must be carried out when the negotiations before the same Board of appeal, if the

one of the lay judges dostaviti, if it is rejected or excluded.



Assessor be vyrozumíváni about Charter communication sessions, containing

schedule of work. In the case of an extraordinary session, be advised of delivery

the invitations. Similarly, be separately notified by alternates, when it was

in case of refund, where applicable, by telegram, telephone and so on.



If a member of the dostaviti in a timely manner, as soon as the President has been able to,

and it's so early, that could be corrected. The change of the apartment are

required to associate ohlásiti to the President within 3 days.



SECTION II.



Order of the people's courts of the price.



§ 10.



The general policy.



The price for the administration of people's courts shall apply mutatis mutandis the provisions of the rules of

the order for the courts of first and second instance from the 5. in May 1897, no. 112., with

relevant additions and changes, if not provided for in this regulation,

something else, or if the derogation of the law courts of folk

price this way, that it was investigated the above of the rules

order of the Court.



Likewise also the provisions of the Act on the Organization of the courts of 27 May.

November 1896, no. 217, § § 56, 79, 87-90.



§ 11.



About the Office staff people's courts of the price.



Office work of these courts be served by personnel of the district

the Court, whose head is the Chairman.



§ 12.



The room price for the people's courts.



The room needed will provide the District Court.



§ 13.



The cost of people's courts Hražení price.



The cost of people's courts at the order of administration of the price they are going to court. For payment of

the costs to either the or the courts of a reasonably increased backup official.



§ 14.



About indexes.



The people's Court of the price be kept these indexes:



LC for controversy by the formula (C) register for the civil courts. The fifth section

either overridden: disputes to 1000 K, section six: disputes to 5000 K, rubric

Seventh: the other disputes. Other sections remain. To do this, either use

the existing forms for the register (C).



NL (collecting register) for all the things that do not belong in the register of Lc

or in the journal presidiálního, according to the formula # 33 j. r.



In the column for remarks in the index Nl either indicated when the overpayment was

folded, with a closer indication deposit.



For the administration of judicial affairs, which concern the people's courts of the price, so be it

led journal presidiální # 11 according to the formulas. r. s.



§ 15.



About the keeping of a register of Lc.



For the keeping of a register of the Lc are the rules of § § 226, 227 and 256. r. s.



Those cases in which the proceedings at the end of the year still resting, be

considered to have been disposed of on the last day of the year. If the procedure was

later again, let there be action written under a new number

an index.



§ 16.



About the keeping of a register of the Nl.



The index is maintained by the capture Nl be it regulations § 245 and 246 poison. row.



Both registers be kept Lc and Nl together for all the boards.



§ 17.



Lists of names.



To register and be kept Lc Nl lists of names and in them the names

the parties and the file tag. The list of names to the register kept by the Lc so be it

the names of the plaintiff and the defendant's name. A list of one to register either kept the Nl

by the name of the person who asks for the determination of the amount of overpayment or other

Administration has made.



To presidiálnímu journal based at the two lists, and this one by

the names of the participants and the other by the subject of the submission.



Keeping these lists apply otherwise regulations § 254, para. 1. and 4. and §

255, para. 1., 2., 5. and 6. poison. r. s.



§ 18.



How is rozlišiti the writings of several of the Chambers.



The writings of various boards at bear the number to which either

Roman numeral attached Chamber, to which the case is allocated.

This Roman numeral either entered in the Register also to note sections.



§ 19.




The use of formulas.



From a formula established rules of procedure of the Court, be the people's courts

price used formula, No 11, 13 to 17, and 17, 18, 19, 53, 60, 63 to

66, 66 and 67, 67, and 71, 74, 74, and 75, 75, and 76, up to 80, 88 and 93 of the

the civil procedure code of the then formula be used, mutatis mutandis, all they

that apply to proceedings in the courts of the district, and as regards the Advisory and

the rules for the management of the courts and choral. instance.



§ 20.



The Department of the people's Court of the price.



The mailroom of the Court of the district with the relevant záznamnými books are used and

the purpose of the people's Court of the price.



§ 21.



The annual statements.



Annual reports at sdělány according to the attached form, and applies them to the

similar to the provisions of § § 394 to 396. r. s.



SECTION III.



The activities of the people's courts of the price.



section 22.



Scope of the jurisdiction of these courts.



The people's courts must dbáti price its jurisdiction ex officio. Meeting

the jurisdiction of the people's Court of the price for the recovery of overpayment

the higher the 10,000 is not excluded.



If a disputes already launched in the ordinary courts for the subject and should something

other than the recovery of sums overpaid, be it from the dispute part of the application, concerning the

claim for refund of overpaid and odstoupena folk Court

the price.



In the register by the interruption of the proceedings either marked as jinaký result

(§ 227, 6. l.), and if the procedural thing in court, either

are unchecked (§ 221, para. 3. the poison. l.), and assignment to the writings of folk Court

the price indicated in the column either notebooks (§ 221, para. 4. the poison. row).



section 23.



Essentials actions.



What shall concern the elements actions before the people's courts of the price, the provisions

the civil case.



§ 24.



About the deliberations and vote.



The meeting and the vote is happening secretly.



Voting shall apply mutatis mutandis to sections 9 to 14 jur. standards.



§ 25.



About preparation of findings and resolutions and appeals.



Findings of the people's courts of the price be plotted on behalf of the Republic of

The Czechoslovak, and pays them a copy of the provisions of the civil procedure code

judicial court (§ 417 Civ. r. s.) with the one that the brief

Summary of the pojati is going on to justify the award.



The resolution referred to in section 13 be drafted as other resolutions

-ending the dispute.



Against the resolution in such a complaint is given according to the principles of section 9 of the Act on

the admissibility of appeals.



section 26.



About saving to the Court and the people's courts of valuable consignments of price.



People's courts are entitled to only the price into those things, imposed to

the Court, which are in connection with disputes, belonging to the jurisdiction of the people's

the Court of the price.



For tasks connected with such things to the Court and placed in securities

consignments, allocates to the authority of the Court to a price the folk schovací

(the tax), which is schovacím by the District Court (civil)

Circuit Court price has its headquarters. About how tipping

the people's Court of the price, how things are stored shall be issued and súčtují and

which method performs the supervision, the regulations that are rozhodny

for deposits belonging to the District Court.



Of consignments received a closed or made folk Court price,

the rules that apply to the courts at all.



section 27.



The layout of the overpayments.



The layout of the overpayments, consisting in the people's Court of the price according to § § 11

the law, become immediately after the reception and sending of the relevant sums to let there be

the Ministry of social welfare složních petals, which are used at

requested, together with an awareness on the back of the slip. In addition, become

the awareness of a particular non.



section 28.



Termination of the activities of the people's courts of the price.



The scope of the people's courts of the price in the Group wrangling ends when all of the

things have started, lawfully controlling ended. If it was on

peace nechané, let it be the end of the Party complained against requested to be

expressed, whether they are a party to, or claim renounced and in dispute

Let us proceed; In order to obtain the proper end of things in people's Court

the price started to cry again, the President may need to side to attempt to

settlement.



About the activities of the people's Court of the price ends in established graziers let there be filed

report of the supervisor of the Court I murmur instance. At the end of the year podejtež

statement of the high courts accountable to the choir of the Court in which the courts activity

people's courts, and price was the higher regional courts of podejtež

How to 1. February of each year, report to the Ministry of Justice.



section 29.



The robes of the official.



Regulation of the Ministry of rights of 9 June. August 1897, no. 187. whereby the

It was introduced for judges and judge layman official robes, does not apply to

the people's courts of the price.



SECTION IV.



The implementation of an amnesty.



section 30.



According to section 13 of the law on courts of the price so be it rozeznáváno folk, if it was in

the time when the law took effect, the judgment has already been handed down or not, and

If in the meantime was handed down, whether it is a tort or delict.



In the meantime, when judgments already handed down, whether it's offenses or

offences, whether--whether judgment recognised in punishment

freedom no longer 7 days, after the case of a fine to 1000 K, or the punishment

higher.



Where there was a sentence longer than 7 days or a fine of more than 1000 K,

is the acquisition of impunity.



In the case of offences for which the judgment up to the date the scope of the law on

the courts have not yet handed down folk price was not, either the procedure without

regardless of the amount of the penalty that might be recognised, be

made the evidence which is necessary and which would later

could not be made.



In the case of offenses for which a judgment has not yet been handed down, so be it

further proceedings until the rightful judgment.



Where judgment has been handed down, as well as where the judgment was passed, but

the accused was no longer heard, instruct it to criminal court if possible

First, on the conditions laid down for the acquisition of impunity in accordance with § 13.



If the accused has not yet been heard, done lessons the first time

responsible questioning.



The accused then in the next 14 days must be the door of what it took,

that this impunity, either that this is the people's Court of the price

the lawsuit filed against him, or that he made the request after the sense of § 13, para.

4. the law, or the Court or out of court. The Court then finds out

ex officio inquiry at the people's Court of a price or other appropriate

in a way, whether the conditions of impunity have been met.



If the proceedings in the Court of the people's peace prize, be it about criminal

the Court informed, and shall invite the accused to be reported within 14 days, the

They settled out of court, otherwise they will be in control; and

the punishment, if any, that will be executed.



Where it is found that the conditions were not met, the impunity of the punishment

saved by the judgment enforced. In the provincial offences Act continued the proceedings, be it

where it was interrupted. If the Court finds that the conditions of impunity were

satisfied in criminal proceedings concerning offences for which a judgment has not yet been

He was not, shall submit to the writings of the public prosecutor's Office, which shall examine whether

conditions have been met, and in the positive case, the proposal for punishment.

To let the criminal proceedings terminated.



If it was in criminal proceedings concerning offences Act judgment denominated in

imprisonment of not more 7 days or a fine of not more 1000 K,

judgment let there be enforced and indicate that there was impunity, it

is remission of penalty in the criminal ticket relevant State

the Prosecutor's Office, as well as in the index.



If it is a misdemeanor, let there be a sentence after a conviction and a finding that the

the other conditions of impunity have been met, is postponed for a period of 3 years from the

refund of overpayment.



Registration of cases those let there be conducted a special list that contains:

the common name of the convicted person, number, reference number, identification of the offence, the amount of the

punishment day refund of overpaid, the day by which the period ends, and

Note.



In this note so be it then entered a new conviction for a criminal act subject to judicial

the crime according to the Imperial Decree of 24 March 2006. March 1917, no. 131,.

or according to the laws and regulations governing this regulation will, perhaps, nahraženo

or supplemented, with the designation of the Court and the number of the judgment,

then so be it here entered a prison regulation or the deletion of regulation

the register and of the entry for the fulfilment of the conditions of impunity. In the last

the case of the case in the list deleted.



The Court at any time during any official deliberations finds that conditionally

amnestovaný committed a criminal offence according to the right of the cited

Imperial regulation or laws and regulations is nahražujících and

additional performance penalty, even before the expiry of the three-year period.



For any new convictions register and speeding up the execution of a sentence

vyžádejtež courts in the cases marked's in the list at the end of each year

year criminal tickets. It then become unconditionally even if has to be

one case after expiry of the three-year period from the register and the list deleted.



To be conceived in and list the cases of conviction for a criminal offence against the

the legislation, which prohibited the disposal of articles needs the neb obmezeno,

which was overpriced.



At the same time, with a break and stopping control of either notified


the competent authority, indicating people's political and purchasers, if in the proceedings

criminal have been detected. Notice it also becoming a people's Tribunal

price, if the criminal proceedings was not yet there.



Raja, r.



on behalf of the Prime Minister.



Dr. Rašín in r.



Staněk v. r.



K v r.



Dr. Stransky v. r.



Dr. Gardener in r.



Dr. Suresh Vaishnav in r.



Habrman in r.



Dr. Soukup in r.