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Law No. 982 Of 4 July 1865 For The Judicial Organisation

Original Language Title:  LEGE nr. 982 din 4 iulie 1865 pentru organizarea judecătorească

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LEGE no. 982 982 of 4 July 1865 for judicial organisation
ISSUER JUSTICE MINISTRY
Published in OFFICIAL GAZETTE of July 4, 1865



ALECSANDRU IOAN With God's mercy and national will, Mr. United Principalities-Romanian: AT T0TI OF FATIA AND SANTATE FUTURE: Vedendu report to our Minister Secretary of State, ad-interim to the Department of Justice, Religious Affairs and Public Instruction with No. 21.525; Considering the vote of the General Assembly at the meeting of 14 June, the current year; Considering the appreciation of the Romanian Senate at the meeting of June 21, corentu; By virtue of art. 14 of the Paris Convention of 7/19 August 1858, and of art. 3 3 and 14 of Statutulu from 2/14 July 1864. Amu sanctionatu and sanctionamu, amu promulgatu and promulgamu ce urmeda: LEGE for ORGANISING THE RESCA. + Title I General dispositions. + Article 1 Justice is given to the Lord. + Article 2 The officials of the resci are called or strengthened by Domnu. + Article 3 Justice will be given: a) By the plasi judges. b) By the county courts. c) Courts with jurors in criminal matters. d) By the appellate courts and the court of cassation. + Article 4 The decisions of the courts of the plasi, voru bear the names of "books of judgment;" of the courts of counties, of sentences; of curtiloru se voru appoint decisiuni. + Title II. The plasi judges. + Article 5 In either-which net, plaiu or ocolu will establish one single judge or judge of net with one adjutoru. + Article 6 The main cities would be divided according to the numbers of the population and the local needs, in unulu or more ocole, avendu or-that bypassed one judge. + Article 7 The territorial circonscription of the court of justice, for rural communes is the same as the sub-prefectureloru, and that of the judge of cities will be after the determination of bypasses that will be made conformu art. 6. + Article 8 The residence of the net courts, in rural communes, will be asedata in the commune of nnde is under-prefecture. + Article 9 The judges of the plasi or ocole, have a mission to reconcile on the sides, and to judge, in the first or last instance, tote causele cate they are assigned, through the civil procedure. + Article 10 It will be called a net judge, the one that will be distinguished by its good behavior, will have hours that know of laws and ethacy of 25 years, celu putinu. If unulu from the pensioners of the State will be appointed judge of net or bypass, or adjutoru, elu will receive, besides the pension and half the retribution of the judge of net. + Article 11 The courts of plasi or ocole would be divided into three classes. The anteiu class will be for the cities of Bucharest, Iasi, Craiova, Galati, Braila, Focsani, Botosani, Giurgru, Ismailu, Ploesci, Bârlad, Turnu-Severin. The second class will be for the l-other residences of counties. -Third grade for those-l-other plasi residences. + Article 12 The treatments of the judges in each of these classes will be the dupe rule as stipulated in the next painting. + Article 13 In the casu of the bola, or whatever other lack of the judge, his functions could be fulfilled by the adjutorulu seu. + Article 14 Adjutorulu can be sent by the judge in research at the front of the place whenever the elu will find it appropriate. + Article 15 Adjutorulu, not being sent into research will witness the audiences, for the chancellery works. + Title III. County courts. + Article 16 The courts of counties voru compose in tota Romania of one president, duoi members, one supleantu, one procurore and one substitute. The unulu of the members is called the instruction judge. + Article 17 The territorial circonscription of the county courts will be that as well as the prefecturei of the county, outside the courts of Ismailu county that will also catch the circonscription of the prefecturei of Bolgrad. + Article 18 The courts of Bucharest, Iasi, Craiova, Galati and Ploesci will consist of several sections, namely: Celu from Bucharest, from five sections of which: one correctional, three civil and one commercial. Celu from Iasi, from four sections of which, three civil and one correctional. One of the civil sections of Bucharest and Iasi will be pregnant with transcripts, legalisations, inscriptions, forced vinders and other acts of pardonosa procedure. Celu from Craiova, three sections, of which: two with civil and correctional attributions and another commercial. Celu from Galati, two sections, from which one civil and correctional and another commercial. Celu from Ploesci from two sections, between which the works are divided. + Article 19 Either-which of these tribunals will be composed: by so many presidents, catu are the sections. The unulu of these presidents will be called the first president. Of two judges and one alternate for either-which section. One prime prosecutor with so many prosecutors of sections that are the sections. + Article 20 Tote civil applications, from the notou intented se voru address to the first-president, carc will divide them after the rindulu of the intrara between the civil actions, if such sections esista, or if the tote naturele de causa is judged by the tote sections. The other requests were addressed to the respective presidents of the sectiuniloru. + Article 21 On either that year, where the tribunalulu is divided into several sections, the first-president immediately after the completion of the big holiday, will divide by drawing lots on the members of the tribunal between the various sections so in one member not to servesca doui ani d' a rindulu, la same section. + Article 22 One tribunalu or one section will be able to judge and give his sentence and two members. + Article 23 In the casu of the lack of a judge, the alternate will hold his place, in the casu of lack of the president will keep his place the most old judge at the same tribunalu, who will not be instructoru. + Article 24 Relatives up to the city, and the blueberries (withwriting) to the same inclusive rank, do not be called members or alternates in the same courts. + Article 25 Supleantulu candu is not pregnant with a mission out of the courts, will attend the meetings of the avendu court vote only consultativu. In the sentence that will be given, it will be mentioned his presence, or his causa lack. + Article 26 Where the tribunalulu is divided into several sections, the first-president will fulfill the shortcomings of judges in the fold-which section with judges or alternates drawn in public, among the members or the suppleants pressured from other sections. + Article 27 Primulu procuroru will be able to attend the hearings of the ori-caries sections and will take conclusions. + Article 28 The counties of counties will be divided into two classes: The d' anteiu will be for cities: Bucharest, Craiova, Iasi, Galati, Braila, Ismailu, Giurgiu, Ploesci, Focsani, Barlad, Botosani and Turnu-Severin. The second for those-it-other capital cities. + Article 29 The treatments of the courts of either-which these classes are regular conformu with the adjoining the painting. + Article 30 Either-which county judge will make a special regulamentu to rule more with amaruntu the order and modulu of the tallow service. This regulamentu deliberatu and the respective court and approved by the Ministerulu Justice will be printed and will follow exactly. These regulations will be, on the catu can, more uniform for tote the courts. + Title IV. Commercial courts. + Article 31 Commercial causes will be judged by the county courts, outside the counties shown by art. 18 where there is a section of court for commercial causation. + Article 32 When a commercial bail is tried, they will join the civil judges of the county, two merchant judges, who together with the civil ones, will judge and pronounce the sentence on all commercial causations in the territorial circonscription of Judge of the judgment. + Article 33 For cities, county residences, which do not have a court section for comerciu causes, the local town hall will form and publish at either which two years, at inteiu August, a list of traders who can be called to esercita the function of judges Traders. + Article 34 In this list will be coiled the name of the tutor of Romanian traders, or Romanian naturalisati, domiciled in the same city that made comerciu for three years the putinu, who platescu the largest patent and who have three-so years fulfilled. + Article 35 I can't be part of this list. a) Those who do not write and write; b) False unabilities; c) The same to which all or all of the political, civil or family rights, or to which the right to administer the state was interdis; d) Those who were sentenced to a criminal punishment, or to a correctional punishment for the following offences: 1. Falsification, burglary of seals, evading of documents filed in public places; 2 2. Furtisagu; 3. Inceleness (racketeering); 4. Abus of trust; 5. Atented to good morals. + Article 36 The 60-year-old ones can spare themselves, according to their requests, to be part of the same list. + Article 37 The City Hall will afige and publish this list during 15 days. Those who have the required qualities, potu form complaints, or against the registration of the other without right, or for the registration of the other in the right. + Article 38 The complaints will be addressed to the city hall, which will rule on the validity of the cereresu through actu scrisu and motivatu. + Article 39 The dissatisfied party on the decision of the city hall will appeal to the local court, which will rule urgently and without appeal or appeal. + Article 40 The list that includes the completed name, will be communicated by the mayor of the local court to 1 Septemvrie. + Article 41 The name that after this epoch and up to 15 Septemvrie, will be added or spoken esclude, will be communicated from the nuou of the local court. + Article 42 Whenever a commercial causa will be pressed, the president will call on the rindu, without being able to displace the inscricriloru order, and with doue dile before the depict, on the two of the persons registered in the list to judge causa. + Article 43 These two judges voru traders took part together with the judges of the court at the esamination of causei. The sentence will be given after most votes. + Article 44 The traders judges, before the d' a enter the work will submit the cerutu juramentum for the judges. Their function is free and honorific. + Article 45 For cities where the county's courts are divided into several sections, one of which judges commercial marriages, the two merchant judges along with a suppleness, who join the court in tote commercial marriages, will be the case. permanent during the two years, and their function will be repaid. Such voru be permanent and repaid the supplications and the two merchant judges besides the courts of Braila. + Article 46 They will be chosen by the merchants domiciled in the same city that platescu the patent of first and second class and which reunescu and those-other conditions prescribed by art. 34 34, 35 and 36. The lists of allegorswill be composing conformu celoru prescribed in art. 33 33, 37, 38 and 39. + Article 47 For those cities, the city hall will convene in the pretoriulu seu in dioa of 15 Septemvrie all the voters voters included in the list to proceed to the choice of judges permanent traders. + Article 48 The voters pressured under the direction of the mayor and two elected secretaries between dinsi, voru procesde by votu secretu, at the election of two judges and an alternate. Voru be elected, those who speak an absolute majority of votes. Those who do not speak this majority will choose the second election by a relative majority. + Article 49 Voru be eligible those who unescu the necessary conditions to be electors. + Article 50 The two judges elected voru had the attributions prescribed in art. 43. The alternate will replace the merchant judge who will be absent and will be charged with other works relative to commercial cause. + Article 51 The chosen ones speak made known by the mayors, the Minister of Jnstitia who will strengthen them by decree Domnescu. They voru come into operation as soon as they depusu juramentulu prescribed to the courts. They can be chosen again after they have passed two years since the espiration of their function. + Title V. The courts of Apelu. + Article 52 It is maintained the four asedate callers in Bucharest, Iasi, Craiova and Focsani. + Article 53 The territorial circonscription of either-which of these courts will be this: a) The Court of Bucharest will co-catch the counties: Ilfovu, Vlasca, Ialomita, Argesu, Muscelu, Teleorman manu Oltu, Dambovita, Prahova and Buzeu. b) The Court of Iasi will co-catch the counties: Iasi, Botosani, Dorohoiu, Suceava, Nemtu, Roman, Cahulu, Vasluiu and Falciu. c) The Court of Craiova will co-catch the counties: Dolju, Mehedinti, Gorju, Valcea and Romanati. d) The Court of Focsani will include the counties: Covurluiu, Putna, Tecuciu, Ismail with Bolgradu, Braila, Ramnicu-Sarat, Bacau and Tutova. + Article 54 The courts of appeal, voru judge the calls in civil, commercial and correctional subjects conformu to the laws in being. + Article 55 Either-which yard will be divided into several sections, composed of either-which of five members between whom and the president. The Bucnresci court will co-catch three sections. The one in Craiova, the one in Iasi and the one in Focsani, will have either-which two sections. + Article 56 Either-which section of the curtiloru of the call consists: As many presidents as sections are. The unulu between the presidents will be called the first president. One prosecutor generalously with so many prosecutors of sections as many sections. Four members and one alternate. How many a crickle for either-which section with more helpers. + Article 57 Only the first president will receive the calls and divide them between sections after the rendulum of the entrants. + Article 58 The steelworks of the court, it is not possible to deal with a majority of three putinu of the member of the saddle. + Article 59 The chandu alternates did not have another court assignment, voru attended tote the processes and voru had only a consultative vote. In the stewing of the court will be mentioned the presence of the alternate or the causa of his lack. + Article 60 Relatives or blueberries up to the fourth inclusive gradu, do not potu be members at the same yard. + Article 61 Three of the members of the court voru form the chamber of placing in acusation in criminal matters, conformu to the regulations prescribed by the criminal procedure. Three other members of the court will form the court with jurors for prosecuting criminal cases. + Article 62 Candu primul-president lipsesce will be replaced by the more old name among the presidents of sections. The presidents of the sectiuniloru lacking voru be replaced by the more old name among the members of the century. + Article 63 The president of the court of appeal or loquiitorulu tallow will mean members who have to form the acusation room or the court with jurors. Elu will take meals so as not to interrupt the ordinary works of the appellate court from the causa of the lack of members; and the judges who have to rule on the criminal charge, ' and voru could do this work without being prevented for he to take part in the meetings of the appellate court. + Article 64 On either-which will not immediately after the end of the big holiday, where there are, more than two sections, the first-presences or loco-tiitorulu seu, in the public meeting, compared to the public ministerulu and with members of the court, will draw lots on members who will compose in the time of year the sections of the court. Presidents voru alterna between dinsii, asa in catu fie care sa nu remana, doui ani d' arendulu in the same section. At the courts where there are only two sectors, the alternation will be made on either-which anu between the members of the court by the first-president so in the same member not to serve two years d' arendulu in the same section. + Article 65 The different sections of a court constituted a single court and the decisions of a section that spoke house, were spoken to another court conformed to the law of the court of cassation. + Article 66 Candu the first-president of luatu from one section unulu or several judges to form the chamber of impeachment or court with jurors, the elu will complete on either-that di one section with the members taken from the one-another, so in the catu in either-which section to hand over the prescribed number to pronounce a decision. + Article 67 Candu one member of the court next to the court with jurors will be absent, the first president of the court of appeal will replace the provisoru with one another member of the court of the court of appeal. + Article 68 Members of judges who comply with art. 256 of the procedure of the Criminal Code, forms the court of juratesu for timpulu vacantieloru, voru fi competinti to judge alone in this time and causeloru correctional calls. + Article 69 The graft of the court with jurors will be held by the grefierulu of the court of appeal or of one adjutoru alu seu. The service of the porters will be done by the court with jurors of the porters of the court of appeal. He will join the same court with jurors an otaritu number of aprodi for the service of the court and more alesu for the call of juratesu. + Article 70 The circonscription of either-caries of the court with jurors will be the same as the respective appellate court + Article 71 Either-which the court will make one regulation by which it will be the rule more widely the order of the tallow service, the dilele candu the court will judge the appeals of the correctional sentinteloru, the service of the acusation room and the alu court with jurors, etc. This regulation, the court delirium will be subject to the approval of the Minister of Justice who will make the regulations of the curtiloru tuturoru be on the catu can be more uniform. + Title VI. The Court of Cassation. + Article 72 Either-which of the sections of the court of cassation will also be able to work with presinti members, most of them, to pronounce the decision remaindu totu of five members. + Title VII. Ministerulu Publicu. + Article 73 The ministeriulu publicu is composed by the prosecutor general and those-other prosecutors of sections, sedated by the courts of the appeal, from the courts of the courts of leloru and sectiuneloru loru. + Article 74 The Ministry of Justice is the head of the public miniterium. + Article 75 The prosecutor's office of general court is the head of the prosecutor's office and the substitute of the court, as well as the other agents of the court, and has the right to control and watch over the fulfillment of their duty. + Article 76 Procurorulu generalu alu to the court of cassation, has the right, according to the law of this court, to attack the acts of the other prosecutors or the acts judged resci to the contrary of the law. + Article 77 The right of disciple on the tutor of the members of the Ministry of Public Affairs, will be published by the Mi nisterulu Justice, after his own initiative, or after the challenge of the prosecutor general or prosecutor of the courts. + Article 78 The general prosecutors have the same rank as the presidents of courts, and the prosecutors of the courts as the presidents of the courts. Prosecutors, however, are obliged to give the celu d' anteiu esemple of respect to the presidents and to those-other magistrates charged with the application of the law. + Article 79 Candu procurorulu lipsesce will be replaced by substitute tallow. + Article 80 The procurorulu generalu from the courts can witness the times-which of the sections will, and take conclusions. + Article 81 The prosecutors of the courts will report, at the casu of need, to the respective prosecutor general about the pedecile that incers the work of justice in the county, also about the observations that have to be done on the fulfillment of the agentesu Resci and the application of the legislation. Procurorulu generalu will be able to go himself to research the state of work and will esercite the right wing of discipline through the president of the court or through the Ministerium of Justice. + Article 82 The prosecutors of the courts had such an almost nightingale on the courts of the plasi, and voru reported to the prosecutor general, at the casu of need. + Article 83 Substitute or procuroru of lucreda sections under the direction of the prosecutor's office or primiloru prosecutors. Candu on a cause substitute voesce to take a conclusion that is disapproved by the prosecutor, he is in the right to stop on the substitute and to take inconclusive himself. + Title VIII Graft and agents resci. + Article 84 Besides either-which county court will find out one strike. Either-that grefieru will have unulu or more helpers. At the courtyards there will be one hard one for either-which section with more aid. + Article 85 In the counties where the tribunalulu is divided into several sections, it will be a hard one for either which section with unulu or more aid, after need. + Article 86 Besides either-which tribunalu and either-which section of court or tribunalu will be located one registrar archivaru and one numeru decisiitu de copisti. + Article 87 It is instituted by either-which court or tribunalu by the county agents of the law resci appointed to the port. The number of this port, besides either-which court or tribunalu will decide according to the needs of either-caries localities. They are called by Decretu Domnescu, after the recommendation of the Ministry of Justice. Unulu from the porters either-whose courts and either-curt cavities will be called the capulu of the porters of that court or court. + Article 88 The porters were called among the persons known by the good behavior and with hours that were invetatura, preferring those who voru were avutu services in justice. + Article 89 It was also added, besides either-which yard and court of counties one numeru of aprodi and omens of service that was spoken meant by budgetulu anualu. + Article 90 The clerks and the porters are subject to bail and take the oath before the president. + Article 91 Grefierulu, or in the absence of help, will attend the meetings and will take notes, draft the minutes, and counter-sign the papers concluded by the court or the courts. Or what actu esitu from a court or tribunalu and the non-signatory of the strike or the help of tallow will be counted as nulu. Grefierulu is the head of his chancellery, and has the right of control and nightingale on the impiegatesu graft. Elu will keep tote the acts, minutes, registers and collections of laws. He will also keep, under his responsibility, tote the documents and documents that are spoken to him by the portara or by the particolars. + Article 92 The graft will be opened in tote dilele out of Sundays, serbatori and vacants, celu putinu septe ore pe di. + Article 93 The porters beset by the courts and tribunals voru make tote the acts that are required by laws, agentesu, resci. Voru makes the summons, the commands and the pursuits, voru failed the warrants for arrest, filing or bringing. Voru fulfills the protest of policies, of balance sheets to order. Voru has failed the sentences, the decisions and other failings. They were able to be charged by the president and with the call of partesu in judgment, with the aignification of otarirers and with the communication of acteloru between the parties. + Article 94 The porters are placed under the orders and the nightingale of the president of the courts or court. + Article 95 The head of the gates of courts as a capu alu portareiloru from the court has the right to control and discipline on loru. + Article 96 The porters are not repaid, they speak from the parties for the procedural documents and the failures that made a tasca otarita that will be fictitious by one regular public administration sprecialu. These tacs and costs of judgments will be paid with privilege. + Article 97 The porters of tribunals voru operate only in the bypass of their county, the porters of courtyards voru operate in the whole of the court. With tote these at the casu of need or candu is the lack of the portara in the county, the capulu of the respective court porters can intask on one portarelu of the county to operate in other scores of the court's detour. + Article 98 The porters made the procedural documents or failures or after the direct mission that received from the parties or after the special assignment that is given to them by the president. They spoke confomously in their work with the rules prescribed by special procedures. + Article 99 Candu one portarelu from the court is tasked with one acting of procedure, tracking or failure in the bypass of the court, elu will do it or transport himself to the spot or tasked with it work on one portarelu alu tribunal. That. + Article 100 The porters are rejected by the acts and documents that were spoken to them by the parties and for which they voru give the receipt, at their return they voru took receipt receipts. + Article 101 The porters voru had a special room where voru worked their acts and voru preserved the papers entrusted to them. + Article 102 One regulamentu specialu will rule more on broadening the attributions and modulu of the obligation of the debt. + Title IX. About inamovibility. + Article 103 Presidents, members and alternates of the curtiloru de apelu and of the county courts voru could become unremovable, tote courts or tribunals of once or one, or more courts, unulu or more courts through special legislations. + Article 104 The non-removable judges could not cease from their functions as a catu by resignation, or in following a decision of dismissal, given in the boxes provided by the laws, or candu perdutu the qualities required by art. 1 and 2 alu of the law for admissibility and submission to land resci. + Article 105 The non-removable judges do not fall from one locu to altulu, even under the word of submission, without their will formalu esprimata. Candu one unamovibilu judge will end up in age of seven-so years fulfilled, he will be able to be obligated to ' and esercita the rights to the hostel. + Article 106 Candu one unamovibilu judge, of times what trepta, will fall into a chronic, incurable bole, or in the state of smination of the target will cease from operation, after the state of the vault or its target is found, through one actu medicalu provocatu de ministerulu publicu, after the orders of the Ministerial of Justice. This cessation will be declared by the court of cassation, section-united in the secret meeting, which will be pronounced after a prior research of the medical act and the circumstances, and after the aperation will be failed. + Title X. Judicial discipline. + § § 1. Juramentulu. + Article 107 The presidents, judges, alternates, prosecutors and substitutions of curtiloru and tribunaleloru voru have indebted, before entering into service, to submit and subscribe in the praetorium and in the public meeting, the following juramentu: "" I swear in the name of God, and declare my honor and my conscience. " "" The faith of the ruler and the constitution of my third. " "" To do so with sentry, my duties require my function. " "" To apply the laws and to me according to the laws, in the tote, and for all, without passion, without the urn, without the favore, without consideration of persona, without any interest directu or indirectu. " "" So help me. " + Article 108 The same oath will be severed by the clerks, their helpers and the porter. + Article 109 The defendants, like some who were part of the judicial corpulu, voru submit the oath of faith to the Ruler and to the law and to the constitution, before the court of appeal where they are registered, or before the tribunal, if the court of appeal is not in that Locality. The current defendants passed in the painting, voru takes the oath after the promulgation of this law; on the future the lawyers voru submit the juramentulu at the beginning of their internship. + Article 110 The filing of the oath is obligatory for all officials of the newly appointed or advanced resci. The acts of public authority made by these officials before they swear, are void without prejudice to the penalties prescribed by the criminal law (art. 163 163). The one who is permutatu intr'one wasu of the same gradu, is dispensatu to file juramentu. + § § Two. Order sedinteloru. + Article 111 Courts and courts will hold meetings in tote dilele out of Sundays, legal or national serbators and vacants. + Article 112 Meetings either-caries judges or courtyards voru keep celu putinu sese ore on di, or and more multu if necessary will ask. + Article 113 The judges will gather in Bucharest and Iasi, the other more tardium at the dece and half hours in the morning, the meeting will open at unspre-dece hours. In the l-other districts, it would gather at 9 and a half, it was the meeting will open at 10 hours. + Article 114 At either-which court and tribunalu will be one register of presenta, snuruitu, numerotatu and parafatu of president. -Either-which judge or alternate, shall subscribe in this register his presence. At a-to-for-hours in Bucharest and Iasi, at 10 hours in the l-other districts, the register will close and subscribe to the president and the prosecutor, or the loco-tiitorulu loru. The time of departure of the members shall be subscribed to the register. The judge or alternate, who will not be subscribed, or who will not be justifiable legitimate causa of his lack before the closing of the register, will perde on that di honorariulu seu in the use of the tax office and has come more tarnished and taken part in judgments. Grefierulu and procurorulu, voru forma, at the end of the lunei, process-verbalu of these lipse, to the rule of the lunaru state. + Article 115 The year of the appeal for the courts will open dupe the large holidays, a solemn sitting of the tutu sectiuniloru unite. In this meeting the general prosecutor's office will make one word on a subject of justice, jurisprudence, discipline of the resca, or the biography of the former magistrates, or omens of laws. + Article 116 The police police are entrusted to the president, who will find it conforms to the rule prescribed by the procedure. + Article 117 The various papers and papers would be read, before the courts or curtiloru by the grefieru or unulu in the port. + § § 3. Incompatibility. + Article 118 Or what functionaru, or agentu cannot rescu is opritu to plead or to retaliate on the sides before the judiciary, besides the casulu candu will be about his own causa or that of the other placed under the tutelage or his cleaning, or that of his wife, ascedintiloru or descedintiloru sei, or of the brother or his sisters. In these marriages, however, causa will not appear at the same tribunalu or section of the court of which the same functionary belongs, but will proceed to another section of the tribunal or altu tribunalu neighbour, or to the other section of the court, outside if the opposing party will be adjudicated at the same court or section of the court. + Article 119 No judge, supleantu, prosecutor or substitute, can make comerciu, except the judges of the traders elected in the circonscription of the payment of his or her court. They do not buy or priimi in daru, or under the times-what the title altu, foreign processes in their own use. However, those who can come to them come through moscenire or legatu. Tote these without prejuditiulu ART. 1309, from Codulu Civilu. + § § Four. The vigil and punishment of discipline + Article 120 The Minister of Justice has the right of vigil and discipline on the tutuloru tribunaleloru and curtiloru. + Article 121 Either-which court has the right of vigil and discipline over the courts of the tallow detour. + Article 122 Either-which courts and the court has the right of discipline on the members who compose them. + Article 123 The members of the public ministry are placed under the direct nightingale and discipline of the Minister of Justice. + Article 124 The simple penalties of discipline are: prevention, censura, rebuke, suspension of provisory, dismissal. + Article 125 Prevention is an inknowledge made of verbalu or through formal writing, or secret to a functionaru or corpu himself rescu rescu to a'lu descepta on the negligence or acteloru care'i compromise his dignity. Censura is a declaration of reprobation addressed to a judge or corpus. The rebuke in addition to the reprobing that encores, attracts with it the pearl of the honor for a month The provisory suspension entails the perlation of the honourable's time you. The suspension timpulu will keep from five-to-dece dile until two months. + Article 126 Candu one judge will deviate from the fulfillment of his duties, or will compromise the dignity of the tallow character, the president of the respective court or the president of the respective court, ilu can prevent the formalum, before being punished Disciplinary. This prevention can be done, or directed by the president, or after the initiative taken by the public ministerulu, or by the Ministerulu Justice. + Article 127 If the misconduct continues, the matter will be before the respective court or court, which will judge in the council chamber, with the vote of secrecy and without the defendant's pressing, and pronounce after the importance of the house, one of the punishments of discipline susu quotes. The otarification, however, will be pronounced only after more anteiu will be audited to the defendant judge and the written conclusions of the public ministry. + Article 128 If a decision of discipline given by one tribunalu will contain the punishment of censura, it will immediately be applied with only the Ministerulu of Justice. If she encores a more significant penalty of stewing the tribunal, before the failure to come she will be subject by the prosecutor's office to the court to the court. The Court will rule in the term of optu dile celu multu, and its decision will be communicated by the prosecutor's office to the court, to the Ministry of Justice for approval. + Article 129 The indictee will have the whole-d'auna right of aperation before the court, or the Ministry. + Article 130 Candu the court will rule on one, from the members of the saddle punishable by rebuke or suspension, this punishment will become failures, only after it is approved by the Ministerulu Justice, who will listen to the defendant, when he asks for it; the suspension will be pronounce by decreu Domnescu. + Article 131 In the case of suspension, the defendant judge will immediately cease from his function, until the decree of Domnescu intervenes. + Article 132 Tote these punishments you can apply or gradualu, or times-that deceive and without prevention after the importance of the house. Prosecutors or Ministerulu Justice potu cause their application. + Article 133 The penalties of the discipline that the court of cassation will be able to pronounce, conformu 42 of its organic law, voru fi: the warning, the rebuke that will draw the permission of the honorarium from one month to two months, or the provisory suspension from one month to four months. In the case of crimes, relative to operation, the court of cassation will apply the penalties provided by the criminal law. + Article 134 The warning will be given when the court of casatians, or dupe the initiative of the public ministry, or dupe the complaints of the parties, or by itself in the court of a processor, discover irregularities on the part of a judge or corpus. This warning will also be able to pronounce without the appearance of the party and dupe a simple conclusion in the council chamber of the sesiun that will be in the esamination of the process. + Article 135 The court of cassation will judge matters of punishments or warnings totals-d'auna emergency. It was published in the tallow bulletin, tote the penalties of suspension or dismissal, handed down by this court. + Article 136 In tote the susbendare boxes handed down by the courts, courts or the court of cassation, the Minieteriulu Justice will be able to call on one of the persons who will possess the conditions of admissibility, to replace the suspended celu on timpulu catu will hold Punish. The time of suspension will not be held in the sema to the reckoning of pensinne. + Article 137 The Ministry of Justice, as a capu supremu alu justice, will have a rigorous nightingale on the involvement of the court of judges and agentees of resci, and will denounce to the court of cassation, through the prosecutor general's office the ones fallen in deviations of discipline or in crimes, to judge and to ' and take the punishments of the provisions of laws. + Article 138 Courts and tribunals, do not have the right of discipline, on the members of the public ministry. With all these, candu the president of the court or tribunal, will see that these members deviate from their debts, or neglect them and compromise the honor and dignity of their duties, will herald the Ministerulu of Justice. + Article 139 The courts and tribunals, voru still had by their presidents and prosecutors the right of nightingale on the strikes and the other agents of the resci, and on the judges of the plasi, cocaught in their byway, but voru announced the Ministerulu Justice about the deviations that were coming. + Article 140 The punishments of the discipline were applied to the atitu of the amovible magistrates, the catu and the unremovable ones. + Article 141 The dismissal of an inamovibilu magistrate will not rule by the catu by a sentence resca given in the forms and in the houses candu the law pronounces the punishment of the dismissal. + Article 142 The court of cassation will esercite the same discipline on the members of the saddle, and will be able to apply the penalties prescribed by art. 133. + Article 143 The punishments of the discipline that the court of cassation will pronounce or in contrast to the members of the saddle, or in the counter of the other officials, shall be without further approval of the Ministry of Justice, knowing only this Ministeru, outside the house of suspension or dismissal, which will be failed following the decree Domnescu. + § § Five. Revisitation + Article 144 On either-which anu, in the five-to-dece dile d' anteiu de lunei Fevruarie, tote tribunals and courtyards voru sends to the Ministry of Justice one painting about their operations in the last year. This painting will encode among others: the cash causeloru intrate, their nature, those that were completed by reconciliation, those that ended by judgment, the number causeloru ce remanu to be judged. These tablori voru serve the Ministerium to the statistical form of resci in tera. + Article 145 Either-which painting will be accompanied by an espunation of the works of the court or court. In this espunere will also mean services or deprivation, what an esperience has proved that it is in the procedure and in the laws relative to justice. + Article 146 Procurorulu generalu will submit such to the Ministerial one resumatu of its observations over the year, and a statistic of criminal causeloru numerulu and correclionale from the court bypass. + Article 147 At either-which was on Monday, or which prosecutor's office next to the courts will send to the respective prosecutor general, one report on the state and the works of the tribunal with the observations that will have to do on the application of the legal Agentees, resci. The resumatulu of this report will be sent by the prosecutor's office to the Ministry of Justice, together with its observations. + Title XI. Congeys and vacants. + Article 148 The members of the appellate courts and the tribunals could be absent for the well-spoken cause with the will of the president until the dece dile celu multu. Presidents will ask for a congedium from the Ministerulu of Justice. Candu the request for the congedium of the judge will go over the dece dile she will be given by the Ministerulu Justice, if that request will be accompanied by the declaration of the president, that the service will not suffer. + Article 149 Procurorulu generalu will ask for congedium from the Ministerulu Justice, prosecutors of sections of curtiloru voru ask for congedium for dece dile de la procurorulu generalu; over dece dile congediu will be given by the Ministerulu Justice, if the request for The congedium will be supported by the prosecutor general's office. + Article 150 Prosecutors of the county will ask for a congedium for five-to-dece dile from the prosecutor general's office, from five-to-dece dile in susu congediulu will be given by the Ministerulu Justice. The substitutions of tribunals or prosecutors of sections voru ask for congediulu for two-so the days from the first prosecutor, or from their respective prosecutor's office, the congediulu that will pass over two-so the days will be granted by the Ministerulu Jnstitia, after his request supported by the procuroru. + Article 151 The judges of payments will ask for a congedium up to five-to-dece dile from the president of the respective tribunal; from five-to-dece dile in susu congediulu will be given by the Ministerulu Justice. + Article 152 The clerks, the porters, the neighbors and the other impiegati, do not miss without the will of the respective president. + Article 153 The demand for ori-ce congediu how much to be motivated and legitimized on a non-aperata and in being must. + Article 154 No congedium will be able to pass in a month's time. The congedias granted in the flow of a year, amounting to no potu passes over a month. At the houses estraordinare de neaperata mustinta Ministerulu will be able to grant congedii and still up to another month, for which however the remuneration will not be paid, except the legitimized bola casulu. + Article 155 Those prosecutors and the presidents of courts and tribunals voru reported to the Ministry of Justice about tote deprivation with congedium or without congedium. + Article 156 What was missing without ' and taking the congedium in the decisive forms, voru perde remuneration loru on totu timpulu lack. If this lack goes over a month, it will be possible to consider a resignation. The prosecutor general's office will, however, be able, after dece days of absence without a congedium, to prevent those who lack, to live at their postulum, and the next non-being will report to the Ministry of Justice. + Article 157 The unremovable magistrates of the curtiloru de apelu, who voru miss two months without a congediu voru cease from operation as resigned, after which however this cessation will be pronounced by a decision of the court of cassation given in united sections, after hearing The party, or her formalu call and the public ministry's conclusions. + Article 158 The vacations of the courthouse and the curtiloru are the following. Great holiday from 1 July to 15 Augustus. Small holidays at Christmas optu dile, with starting from the end; at Pasci doue weeks, a patimiloru and the enlightened one. In addition to Sundays and national serbors, there are still the vacants in the 12 dominical serbators. + Article 159 In the time of the big and small holidays will be at all times one member of the courts and courts, assistant clerk or adjutoru, for the espediation of corente works and priimation, actiuniloru and callers. + Article 160 Courts and juries do not have large vacants but only small holidays and Sundays and serbums. + Article 161 The investigating judges and prosecutors do not have vacants, and it is spoken to deal with criminal or correctional causeloru regulation. + Article 162 In ori-ce casu but de congediu, basatu pe o neaperata mustinta, in flow of the year, catu and in timpulu vacantiiloru, judge instructoru will be able to replace with one altu judge, through the Ministerulu Justice. + Title XII. Final dispositions. + Article 163 Tote the laws, decrees and previous regulations touched by the subjects contained in this law, are also remanu abrogated; and the dispositions of the law of the court of cassation that were not modified, by the present law are also remanu in vigore. + Title XIII. Dispositions the transitors. + Article 164 The criminal courts, which are in being, voru cease to found out with the promulgation of the present law. + Article 165 The police tribunals where they are spoken, with their replacement by the judges of ocole or plasi. + Article 166 The courts with attributions of graciose juridictions, which esista astadi in Bucuresci and Iași under the name of tribunals section III, was opened with the implementation of this law and the civil procedure. + Article 167 The courts of plasi or ocole will be set up to vote on the year 1866. + Article 168 The crimes committed in Romania over Milcovu, under the empire of the old criminal law and which after the criminal law in Romania by Milcovu, are of the nature of delicteloru, will be judged by the civil courts, remaindu to judge by the jurors only the crimes. + STATE OF JUSTICE. a) The net judges. On either-that moon. ┌ ┌ --------- "..." "..." | Class I. | Class II. | Class III. | ├ ├ --------- 留言 | 加入好友 ----- Judge..... . | 500 lei. | | 450 lei. | | 400 lei. | Adjutore...... | | 300 lei. | | 250 lei. | | 200 lei. | └ └ --------- ️ --- --- b) Counties of counties. On either-that moon. ┌ ┌ ---------------) | Class I. | Class II. | ├ ├ --------------- 留言 | 加入好友 Primulu president.... | | 1,200 lei. | | 1,100 lei. | Either-that president.... | | 1,100 lei. | | 1,000 lei. | Either-that judge.... | 900 lei. | | 800 lei. | Judge of instruction. | 1,000 lei. | | 900 lei. | Alternate. ....... | | 800 lei. | | 700 lei. | Prime prosecutor. ..... | 1,000 lei. | | 900 lei. | Prosecutor of the section or | | | | | procuroru......... | | 800 lei. | | 700 lei. | Substitute....... | 700 lei. | | 600 lei. | └ └ --------------- ️ ---------- c) Apelu Courts. On the moon either-that ┌ ┌ ---------------) | | Bucharest. | Iasi, Craiova | | | and Focsani | ├ ├ --------------- 留言 | 加入好友 Primulu president.... | 2,600 lei. | | 2,400 lei. | Either-that president.... | | 2,400 ' | | 2,200 " | Judge member.... | | 2,000 " | | 1,600 " | Supleantu...... | | 1,500 " | | 1,200 " | Procurorulu generalu.... | | 2,000 " | | 1,600 " | Procuroru de section... | | 1,500 " | | 1,200 " | └ └ --------------- ️ ---------- This law was voted by the elective Assembly of Romania at the meeting of 14 June 1865 and was adopted by a majority of 86 votes against 5, being also one-to-dece abstentions from the vote. Vice President S. Voinescu. ┌ ┌ ---------- | Sigiliulu | Secretary, C. A. Bordnescu. | Assembly | └ └ ---------- SENATULU ROMANIA. Senatulu Romnaniei adopted this law at its meeting on June 21, 1865. Vice President, N. Docan. ┌ ┌ ---------- | Sigiliulu | Secretary C. A. Cotescu. | Senate | └ └ ---------- I made known and ordered that the present ones invested with the seal of the State and passed in the Official Monitor and in the Buletinulu of Laws, be addressed to the curtiloru, the courts and the administrative authorities, to register them in their registers, to observe, and to make them observe, and our Minister of State Secretary to the Department of Justice, Culteloru and the Public Instruction, is the task of the vigil of the publication of their publication. Datu in Ruginosa at 4 Iuliu 1865. ALECSANDRU IOAN. Minister Secretary of State to Department of Justice, Culteloru and Public Instruction. D. Cariagdi. No. 982. ----------------