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Law Of 24 January 1864 For Yard Of Compturi

Original Language Title:  LEGE din 24 ianuarie 1864 pentru curtea de compturi

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LEGE of 24 January 1864 For the court of the
ISSUER MINISTRY OF JUSTICE IOAN I. With the mercy of God and the national voinesDomnu Principatelor-Unite-Romane.To all the fatia and viitorious sanetate. On the report of our Minister Secretaru de Statu, President of the Council of Ministers under No. 122, from 24 January the current. Vedendu votulu The legislative assembly of its session from 8 of this month, on the draft law for the establishment of the Court of Comptons; Vedendu as the one projectu fined by the Assembly statornicesce to make appointments to that Court, after an inducted list presented by the Assembly; Vedendu as art. 7 and 14 of the Convention give us the new right to appoint to the tote the posts of the public administration; Voindu to give a more guarantee to the third party about our desire, that the use of public money was subject to a control on the catu seriousness atatu and un-atarnatu de ori ce suspicions de inriurire din part agentiloru insercinati cu manipulatia din. Noi approve for it, the only and only law, the pressing of an inducted list from the Assembly for the appointments to the Court of comptu. Si daru amu intaritu si intarimu, promulgatu si promulgamu, ce urmedia: LEGEPentru The establishment of the Treasures Court




+ Title U I ABOUT ESTABLISHING THE COMPTUS COURT + Chapter 1 For the Courtwork + Article 1 A high court of comptons is established in Bucharest for tota Romania. + Article 2 The court of the comptites consists of: One Presiedinte. You're the judges. One Prosecutor. One Substitute. Optu Referendari. One Grefieru and The staff of the Chancellery below show. + Article 3 The courtyard of the comptus lucredia seu in the General Assembly tallow inpartite in two sections of three members. + Article 4 The presiedintile presida the Court in the General Assembly; asemine elu presida or who from two sections will you. Ceia-l-alta section se presida de celu mai vechiu dintra Members by randulu numirei. + Article 5 The terminations of a section cannot be made by catu candu voru fi fatia three Members. At the caseof the lack of a member, the section will be completed by one member of the Czech-another section called by Presiedinte. + Article 6 The court of the comptons will reenact the rule of two sedintions on the sevens in the General Assembly, The presiedintile will stink at the casu of need of a summon and estra-ordinary in the General Assembly. + Article 7 The Court cannot enthage the sedation in the General Assembly with less than five of the members. + Chapter 2 About admissibility + Article 8 The president and members of the Courts of Comrites are unamovible and are appointed by the Lady after the list of presentations in the numaru induoitu of candidates, given by the elective Assembly. + Article 9 At the casu of vacantia if the Elective Assembly will be in ministry the Ministerium of financial will refer to the Assembly of this house to proceed to the completion of the Court totu after the modulus of mai susu; and if the Assembly will not be in the work, then the Lord will appoint to the loculu vacantu after the latter's list of the Assembly's presentation. + Article 10 The prosecutor's office and the substitute of the Court, are appointed as-right by the Royal Dnpa the recommendation of the Minister of Finance and are revocable. + Article 11 The members of the voru must have been at least 35 years old, and the prosecutor's office was 30 years old. They trebe se fia Romans seu naturalisati Romani. + Article 12 The President of the Court and the prosecutor's offices were sworn in the hands of the Ruler, the referenda, the Grefierulu and the other officials before the Court. Substitutulu takes the oath before the Ministerial of Finance. + Article 13 The members of the Courts of Comptons do not potu be relatives tallow cuscri between dinsii until the fourth inclusivu spitia. Their function precumu and that of prosecutor's office is uncomplicated with the cuality of Deputies, precumu and with times what other fiunction repaid by Statu. They cannot be interessati directu seu indirectu nor inpiegati in vre-o enterprise seu deal supussa la comptability catra Statu; seu la vre-una din administrations public ale whom reckteli am supusse revisuirei Curtei. Neither unulu of the members of the Curta of the comptons can be a part of the research of a cause subject to her control, in which she would be interessatu, or elu seu vre a relative, a sa, seu cuscru until the fourth inclusive spitia. + Article 14 The members of the Curta of Comptus Precumu and her prosecutor, are litigants of the Court of Cassation, and are sued with all other senior officials. + Title U II ABOUT THE COMPETITION OF THE COMPTUS COURT AND ITS PROCEDURE + Chapter 1 About the competition + Article 15 The Court is responsible for the research and determination of the accounts of the Tesaur, the general cassiers of the county, the regions and the administrations of the indirect contribution, the cumulation and the conclusion of the The chyels made by all comptable agents. The revenues and chieltuities, funds and special receipts that arise from the counties of the county confirmed by the budget of the precumu State and the research and auctioning of the municipal casseloru, municipal and district counts, are such Curta's conpetting. + Article 16 The comptables of the times which branch of the administration will be obliged to deposit their reckoning atatu for the income of the mules and for the chieltueli, at the graft of the Curta in the end of three months after the espiration of which the esercitium + Article 17 Comptables of caries at the deadlines set in art. precedence did not speak the reckoning, there was chiema to the infetisiation before the Court and if the lords were not valid, the osandi would be imposed on a fine equal to their retribution from one month to three. The court will stink at a chance to beg from Guvernu's suspension on the same terminus tallow and even their dismissal. + Article 18 The court will rule and verify the accounts of the cari'i voru have been pressured; it will steadfast by conclusion, by final decision, if the comptables are acidified catra Tesauru seu if they made advances to the Tesaur seu if ' i owe him any amount. In those d' anteiu doue casuri she will pronounce the discharge of the definitive tallow restitution summeloru advanced by dinsii, and will order the cancellation of the mortgage tallow of the secuestreloru put over their wealth, tallow of the chediasesu loru for the use of summeloru a caroru recktoli are determined by the Court. In the third casu she will condemn to pay the debt of loru catra Tesauru celu multu in terminu of three months from the date of the border. In tote the houses a copy of his decisions will be submitted to the Ministerial of the financials that will order the delivery of the Lord through the special agents. + Article 19 The court will revisit a reckoning over the path it will be given a final decision, candu comptabilulu will ask it intr'adinsu and will support its begging through the supporting pieces acquired from the date of the end, seu candu will prove that in the decision of a The reckoning was an erore, an escape from sight, tallow that twice a summa was passed in two special parts. + Article 20 If by checking the reckoning the Court will acquire the confidence that in any reckoning it has a comptabilu are plastographies, tallow traces of bribery, tallow diversion (sfeteration) of money, it will insciintia immediately about it on the Ministeriulu financeloru and that of the Justice to give the culprits to the courts of the Tribunaleloru competinte conformu legiloru. + Article 21 The decisions of the Court against the comptabilitiesu voru put in the work of catra the reapective ministers, tallow of catra the interessate administrations. To this end, the prosecutor's office of the Court, will care for the tramité copy of the Ministeriesu and the respective administrations. + Article 22 Candu one comptabilu seu chiedasiulu seu va will attack a decision of the Court of comptations under the word of violation of the law, tallow of calcare de forma ' and will straighten the cursulu catra Curtea de cassation, without this appeal being pota inpiedeca execution The Courts of the Courts. The terminus of appeal to the Court of Cassation is three months, the soaking u of the diua in which the copy of the decision of the Court of Comptons was given in the reception of the interessated party. + Article 23 In the tote cass of appeal to the Court of Cassation, the prosecutor's office on this lange the Court depicsedie and supports the interessele of the tax and public administration as represintante alu loru legalu; therefore and The IRS and the other administrations will address the Court through her prosecutor's office. + Article 24 Candu The Court of Cassation will house a decision of the Court of Comptons, the case will be returned to the begging of the same Courts of comptons, which in the third place the three-month-old one will again depict it in all the complectulum of its membranes and will pronounce. + Article 25 If the Court persists in its decision before, the interessata party will be able to find in the three-month legiuitu terminus to make the nuou recursu in Cassation. In this house the Court of Cassation will judge in united sections and pronouncement definitively on the grounds of the appeal, will tramite the case back to the Court of Comptations, which will comply exactly. + Article 26 The court will not be able in any case to extend its jurisdiction, to the ordinators, nor to the refusé of the comptables summs that would be paid on the basis of an order in order, and intovarasita atatu de cuitantia personeloru in rectangu catu and de The justifying piessas on the orderly caries will be recognized to them that they are necessary for the acuity of that ordinance. + Article 27 One special regulation will determine the details of the procedure in checking the reckoning. + Chapter 2 About the formation of the check of the reckoning and the decisions + Article 28 The presieds are the works of the aif-which section. + Article 29 One of the sections will look at the revenue and credits of the general administration and the general administration and the administrative and communal administration and the control of the state of the comptabilitiesu. administrations. The conclusion of the compturesu will be submitted to the Court by the report that will state on the final loru in the General Assembly. The other section will have the task of esaminating and controlling the chieltuelesu, as well as the vigil of the public debt register and the pensischemoru. La casu de vre o difficulty, section face reportulu seu catra Court, which esemene will statua definitivu in General Assembly. + Article 30 The conclusion of the Court in the general assembly, the precumu and its decisions, is the absolute majority of the pressing membranes. The members of the minority are still obliged to insert their reasoned opinion into the journalist of the majority. + Article 31 The President of the Court primindu the reckoning, inparte them to the members of the respective sectischemoru; and the aif-which of these researched the part that was entrusted to them, to submit to the quibsuation of his sectium accompanied by one reference with his observations. + Article 32 If the judge insercinatu with the verifivation of a reckoning will have the need for clarification tallow by depicting acts, tallow by the infetisiation of the comptable, ' and will make the report tallow deslusitu catra Presiedinte and it will ask for the acts tallow will chiema on Comptabilulu. The chiemation will be done with one citation. + Article 33 The trebe court is totu d' auna and is in the right cera, to have them in sight, essemplare after special comets of which the esercitium, according to the public debt register, also after the lidta of the guesthouses in charge of the Tesaur, as after the teeth to chalk up the income, with their chieltuels and regularity. + Article 34 The defects of a reckoning can look tallow on the government of tallow on comptabilu, on the government candu elu a ordonatu inplinirea de dari in contra legiloru, seu ca a performatu chieltueli over the edge of the budgetu fi a crediteloru. Gassindu the Court also defective in the research of a reckoning it will be bordered by the lamas only by the first journalist of quibsuire, who then remane to obey the Elective Assembly with the presentation of the reckoning. Defectile privescu pe comptabilu, candu recktelile nu se voru find litter according to the rule, candu will not be included in the income that they have incassatu seu a must to incur, candu the conditions in the spending condices no voru fi supported with prove indestulatore precumu and for times what other non-fulfilling. + Article 35 The reference to which the Minister rapporteurs, as far as the comptabilu is concerned, the three nature assessments are included: 1. The one looked at the tallow charges the scadiemintile that was spoken to him be parutu as pressing the various paragraphs and articles of reckoning. 2. The one regarding the conformity of the first with the financial laws and documents and the chheltuelesu with the open and the open credits. 3. The one touched by the appreciation of the validity of the act and the evidence presented. + Article 36 Candu the Court's judgment will be reached by one comptabilu, the journalist of his chibsuira will clarify, if the comptabilulu is refuitu, seu if remane debt; and to this latter casu will decide the messings of failure and fullness precumu and terminulu in which The money's going up. In this casu the Court ' and will give totu d' auna its decision in the form of sentintia and this order will be paddy and at the casulu candu the Court will not approve a chieltuiala ordered and made by one Minister seu by another administration. + Article 37 Children after the decision were given to the parties and their chiediasesu. The court is due to release the legalisata copy, and even after the terminations that were not given in the form of decision of the tutuloru partessu interessate, cavities voru ask. + Title U III About the comptable agents on which the court of the comptants has jurisdiction + Article 38 They are litigants of the Court of Comptites: I. All the general cassiers of the county and of the placements. II. All the heads of the biurouresu caries inplinescu totu de o data and the functions of cassiers besides those biuros. III. All the cassiers of regimentu tallow of special bodies precumu and the comptable officiers attached to a military administration and cavities have a manuscript of public money. IV. All the savings of hospitals, monastirs and sieges of well-being. V. All municipal cassiers. VI. All the recipients of money from the indirect income administration. + Title U IV About the Ministry of Public + Article 39 Procurorulu tene a general list of all the comptables of the various ministries and public administrations. Elu care to know and find out if they have infetisiatu recktelile loru in terminulu prescrisu and ask for the application of penalties in counter to the other interdia of presinta. + Article 40 The prosecutor's office privigedie esacta inplinire of the service of the Court, and in the casu of the following, the address of the request to inscribe catra Presiedinte to take messages of correction. + Article 41 Procurorulu assista la sedintiele Curtei si iea conclusions candu socote de mustintie elu este in rectangu a request de a ave acquaintintie de tote artworks atingetore de competintia Curtei si a adressa Ministeriului financeloru, copy after tote rulings ei. + Article 42 Candu in the research of a reckoning will be redica vre-a suspicion of plastography seu de sfetervent in contra vre of a comptabilu Procurorulu will be chiematu in the room of chibsuire and the Court will not stink statua nimicu in this casu before taking Procurorulu his findings. + Article 43 In the absence of the Prosecutor, his functions met by the catra substitute tallow. + Article 44 The writers must be in the works of the public ministry, it was given by the catra Presiedinte, the copists of the Curta chancellery denter. + Title U V About the congedii + Article 45 Presiedintile will not be able to grant congedium on more than a month. Requests for higher congedium will be addressed to the Ministry of Financial. + Article 46 The Presiedintile Curtei will not be able to grant the congedium of catu for causa ne-aperatu necessarie and well ascertained and only in the catu the absence of the one who ' asks will not causa the suffering of the service. At the casu candu congediulu will be requested from the Ministerium, the quarrel will have to be inked by the statement of the President that the service allows that absence. + Article 47 Or which member will be absent without a congedium, will lose the lefa on the tempulu of his lack, which the lefa will enter into savings; and if this deprivation will pass over a month will be counted demissionatu. + Article 48 Even one congedium will not be putted by catu celu multu for doue months in the cursulu of a anu. + Article 49 Nor will it be possible to grant cumu congedium if there is no presenti five of the number of the members of the Court. + Title U VI About graft referenda and courtship agents + Article 50 Referenda assista on the member of the Court in the research of the compturesu, give the clarifications necessary to the Court and the members; and they are obliged to do other works in the help of the Curta after the insertion that will give them the Presiedintile. + Article 51 The referenda would be called by the Lord after the recommendation of the Court of Comptus by the means of the Ministerial of Finance. They voru must have been etatea celu putinu de 25 ani si certificatu ca au followu cursulu de rectangu administrativu seu de sciintie financiale, se fi servitu celu putinu unu tempu de five ani in vre unu Ministeriu. The heads of sections and the comptable heads of this Ministère will be chosen with preference. + Article 52 Grefierulu trebe a ave etate de 30 ani certificatu ca a followu cursulu de rectangu administrativu seu de sciintia financiale si unu service celu putinu de three ani in behalf of the resca, elu will be appointed de Domnu, after the recommendation of the Court, through the intercession The Ministry of Finance. + Article 53 Elu will assist in the General Assemblies to note the opinions of the members and redige the conclusion and decisions of the Court. Elu is insercinatu a tene different registers precumu and that alu deliberatiuniloru Curtei. + Article 54 Elu is insercinatu to care for the padirea and the preservation of the original decisions, to make the espeduesca after the esemplar dinses and the due communications, to preserve tote the acts that are entrusted and tote the charts of the graft. + Article 55 The comptable compounds were recorded according to the order of the number and the dilei in which they were present. + Article 56 The graft of the Curta will be opened in tote diles out of Sundays and legal serbations to the treasures fictitious by Presiedintile. + Article 57 Presiedintile will note on the origin of the original decisions the name of the tutor of the membranes presinti at the sedintia. + Article 58 The originalum of a decision will be under-written by the members who took part in the judgment, and by the clerk, and the copies were spoken espedui under the signature of the President and the Registrar. + Article 59 The failure formula of the Court's decision will be redigeata astu-feliu. " We (the Name of the Princely Prince) with the mercy of God and the National Vointhia Domnu României. To all the fatia and viitorious health, The Court of Comrites gave the following decision: " Copy of the hotfin " Facemu knew and ordered all the competent agents to put into failure this decision, and to all the commanders and police officers to give their concursulu candu voru fi legalu ceruti. To trust, the decision of the fatia was under-scribe by the priests of the Court and by the Registrar. " + Article 60 Grefierulu will subscribe and free certified certificates and estracte de tote acts esite from graft, archive and deity, also after the correspondence of the Court at the casu of necessity. Presiedintile will call one graft helper for such works. + Article 61 It will be appointed by the Court after the presentation of the Registrar, numerulu necessariu de inpiegati for the chancellery service + Title U VII General dispositions + Article 62 In the aif-which anu the Court of Comptons, one month before the opening of the sessioordination of the Assembly will be due to draw up and publish through the Official Monitor a general statement about her works over the year, accompanied by one relativu painting to the state Reckoning esaminates of dinsa. + Title U VIII Transitory dispositions + Article 63 Since the publication of this law, until the five-year cursu it is granted dispensation from the condition of the diploma diploma cerutu cerutu through articles 51 and 52. + Article 64 The ministerium of control unfolds; tote the registers and the dossings voru pass to the Court, to the comptons. Tote the old reckoning of the past years was immediately taken in the research of the Court and there was a lot of lemons in the end of years. To this end, the provisory was still added to the members and duoi referenda whose functions would cease after the espiration of this terminus. + Article 65 De o camdata la cea d' anteiu formation a listeloru nu se voru admits intra candidates for members of the Court of Comptons, de catu persons cavities se voru fi destinsu printr'unu service of five years celu putinu, mai cu sema in ramulu financialu and cavities voru be reached in the erarchy of service until the functions of the members of the Court of Appeal, presiedinti of Tribunals, prosecutors of Courts, members of the former Central Commissioner, members of the former directors of the former Eforie a scoleloru, directors of Ministère, District and Central Cassieri prefects. + Article 66 One regulamentu specialu will rule the application of the fatia. + Title U IX About the state of the court and retribution + Article 67 The retributions of the members of the Courts of the Courts are fictitious according to the following: One Presiedinte......... per month lei, 3,000 Optu Members of the 2,500..... "" 20,000 20,000. One Prosecutor......... "" 2,500 2,500. One Substitute........ "" 1,200 1,200. Optu Referendari a 1,200.... "" 9,600 9,600. One Grefieru......... "" 1,000 1,000. Duoi Aids of graft of 700.... "" 1,400 1,400. One Registrar........ "" 600. Anu Archivistu........ "" 600. Optu Copisti a 300...... "" 2,400 2,400. One Siefu de usieri....... "" 250. Four Usieri a 200...... "" 800. One Odaiasiu......... "" 150. --------- 43,500 This law was voted by the General Assembly of Romania, in Sedintia on January 8, 1864, and was adopted by the majority of sixes-therefore and had votes against four. (Sub-signatu) Vice President, Ioan Ghica. -------- | L. S. | Secretary, Paclenu. -------- Director of Chancellery, I. Codrescu. Facemu knew and ordered that those of fation invested with the seal of the State and passed in Monitorulu officialu, they were addressed Curtiloru, Tribunaleloru and the administrative authorities that they register in their registers, observe them and make them observes, and our Minister of State Secretary to the Department of Justice is insercinatu to vigil their publication. Datu in Bucuresci at 24, January 1864. ALECSANDRU IOAN -------- | S. D. | -------- Minister Secretary of State, Secretary of State President of the Council of the Department Minister, Justice, M. Kogalnicenu. A. Papiu Harian. ------------