LEGE no. 2.719 2.719 of 4 October 1918 to liquidate the requisitions and compensations for rasboi
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 159 159 of 7 October 1918
FERDINAND I, Through the grace of God and the national will of Romania, To all present and future, health: The legislative bodies voted and adopted and We sanction what follows: + Chapter 1 District commissions + Article 1 In order to liquidate the requisitions made by the Romanian authorities and the rasboi compensation, the county commissions, composed each of 7 members, are established in the county capitals, namely: a) A delegate of the interior ministry, who can also be the prefect of the county, and who will be president; ... b) A judge-delegate of the justice ministry, who will also be vice-president; ... e) A senior officer delegated by the ministry of rasboi among the combatant officers; ... d) A delegated financial officer of the Ministry of Finance; ... e) A large industrialist or delegate trader of the ministry of industry and trade; ... f) A delegate of farmers designated by the council of the agricultural union of the county or, in the absence of the agricultural union, in delegate of the wine union, and in the counties where there is no wine union the ministry of fields will delegate a large owner of the county ... g) A peasant designated by the Central House of popular banks. ... The commission will be helped in its work by a secretary, who, together with the staff of the secretariat, will be appointed or delegated by the decision of the interior ministry. Where the need will require, several district commissions will be able to be established, following a log of the council of ministers. The presidents of these committees will be appointed by the council of ministers after the interior minister's proposal. For the work of each commission the presence of 4 members is sufficient, but the decision, in this case, must be unanimously given, and in case of divergence, the commission will again judge in the presence of at least five members, in which case the decision will be yes by a majority of four. + Article 2 The requisitions will be liquidated as found by the authorities in law, according to the requisition voucher presented by the interested one. If the requisition voucher was lost by the owner and was published through the Official Gazette his cancellation, the owner of the requisitioned objects will ask, after every 3 months after publication, to the authority that made the requisition, a duplicate of the voucher, with which he will present himself to the commission to be liquidated, proving that the cancellation of the original was notified to the ministry of rasboi, through the publication made in the Official Gazette. The requisitions for which no vouchers will be released will be found according to art. 5 and will be liquidated in principle on the basis of military tariffs existing at the time when they were made, and if the requisitioned object or service is not found in that tariff, the appreciation will be made by the district commission itself that will Take into account the current prices that existed at the time when such requisitions were made. + Article 3 The compensation of rasboi is due only to those who will ask them, proving that they were caused certain damages, materials and direct, by acts of rasboi savirsite either by the Roman armies or by the Russian armies, or by enemy armies, or from any other causes. in direct connection with the rasboiul. These compensation will not be able in principle to exceed the price quota provided in the military tariffs of requisitions then in being for the various objects or productions, and for those that would not appear in those tariffs the appreciation will be made by the commission district based on current prices at the time when the fact occurred. The appreciation of the work cattle of agricultural and industrial machinery of tools, craftsmen and building materials will be argued 30 percent above the price set by the previous alignment. No compensation will be awarded for art and luxury items. These will be determined in the regulation of the law. The claims of compensation for rasboi must be made within one year of the promulgation of the law, under the punishment of no longer being received after this term. For those who find themselves today over the borders of the country, this term flows after six months from the conclusion of the general peace. + Article 4 The commissions in the counties: Covurlui, Braila, Ialomita, will examine and liquidate the damage in Dobrogea and Cadrilater, namely: a) The one in Covurlui damages from Tulcea county; ... b) The one in Braila county damages in Constanta county; ... c) The one in Ialomita County damages those in Durostor and Caliacra counties. For Dobrogea and Cadrilater will be awarded compensation only to those who will opt for the Romanian nationality. The damage in the territories that through the border rectifications was through the Unglued Peace Treaty of Romania will be examined and liquidated by the commissions of the counties to which those territories belonged, granting themselves only to those who will opt for Romanian nationality. ... + Article 5 They will investigate urgently and especially: a) Applications made by those who live in combat areas and in particular those relative to housing; ... b) Applications from the other areas relative to the dwelling. ... + Chapter 2 Call committees + Article 6 The decisions of the district commissions will be callable to the special appeal commission, which is established in each seat city of an appeal court composed of: a) First President of the Court of Appeal or an adviser to the Court of Cassation as President and 2 councillors of the Court of Appeal appointed by the Minister of Justice; ... b) A senior administrative official and a large owner appointed by the Minister of the Interior; ... c) An adviser to the Court of Auditors or a director of the ministry appointed by the Minister of Finance; ... d) A general combatant officer designated by the minister of rasboi. The appointments will be made by the council of ministers following the proposals made by the respective ministers. The appeal commissions in Bucharest, Iasi, Craiova, Galati and Kisinau will extend their competence over the districts that fall in the resort of the Court of Appeal in these cities. ... According to the needs, such appeals will be established after the same rules in other important centers, following the decision of the council of ministers based on the proposals of the interior minister. + Chapter 3 Procedure + Article 7 The interested party, personally or through the procurator, will present to the district commission the liquidation request indicating and all the evidence of which it understands to be served. The president will fix the court term, only if the party proves with the certificate of the city hall or the court Registry on which the territory where the damage was committed as a copy of its application was filed and displayed at the town hall for 10 days. For the peasant inhabitants of the same commune, who do not ask for a compensation of more than 2,000 lei each, the publication will be made collectively. 7 at the residence of the tribunal and the city hall where the special commissions established for Dobrogea operate. In the cities of residences this display will be done through the court's graft on the court's poster tables and on the tables of the publications, from the town hall. The notary in the rural communes and the secretary of the city hall and the clerk of the court in the urban communes, is obliged, under the punishment of being fined up to 500 lei, to display the copy of the compensation claim filed by the damaged one, within five days from her recording. The party will take the time to notice, and the state will be quoted ex officio through the interior ministry. The court term will not be longer than 30 days from the display of the application. The deadline for postponement will not be longer than, 10 days, the State will become aware of the term or if it was missing it will be quoted also ex officio, even telegram with telegram with retour container. The receipt of the telegram is the proof of the citation. Witnesses, informants and experts can be brought without subpoenas, their identity will be determined by identity tickets. + Article 8 The commission will be able to reject the whole of the complaints, even if they were founded in part, when it will be found a manifest bad faith of the plaintiff and his intention to frusta,-by fraudulent means. + Article 9 On the day of appearance, the complaining party as well as the State will present itself in person or through the procurator. + Article 10 The evidence of the facts that give right to compensation and the amount of the damage will be determined directly before the commission of a district by any means. It is fully admitted as evidence with witnesses and presumptions. Samples will be received through investigations in futurum and even through administrative investigations, if enough is found. The commission will have all the rights and power of a judicial court to administer the sample and appreciate without any limit its definitive value. It will be able to cause ex officio the testimonial test, expertise, local research and any other means of proof. Will cite either to expertise or to give the necessary sciences as informant or witness anyone until within 10 days, sending the citations through the administration or by registered letter. The persons concerned by the above paragraph will be sentenced to a fine of 100-500 lei without being able to exempt themselves, unless they present themselves after the second call or if they justify the lack. The commission will, could also give warrants to bring. The commission will determine the expenses of travel due to witnesses, informant or expert. That amount will be paid without delay by the financial administration, following the address of the president of the commission. + Article 11 The decisions of the district commissions will be pronounced without right of opposition, in no more than seven days from the trial, without the ruling being able to postpone the second time. Decisions for amounts of less than 3,000 lei are given with the right of opposition within eight days off from the ruling. + Article 12 The decisions are given with the right of appeal. The appeal will be made under the penalty of nullity within 30 days of the ruling. The decisions of the appeal committees are definitively without right of opposition and appeal. + Article 13 They'll have the right to call 1. The part that is claimed broken down; 2. The State through the financial administration or by its representative from the commission; 3. The Prosecutor General or the Prosecutor of the Tribunal in the interest The right and the duty of these representatives of the public ministry will be exercised only if they are aware of them and will appreciate that an excessive compensation has been given or that means have been used that have misled the district commission. In case of fraud it will follow according to the criminal code and the code of criminal procedure. The right of appeal will be 30 days from the date of delivery of the decision. In case the appeal of the pest will be rejected as unfounded, the appeal commission will compel the damages by the decision rejecting the appeal to pay the State a sentence of 1 percent of the amount awarded as compensation by the district commission. This tax will be retained by the financial administration when paying compensation. + Article 14 The deferral and delivery deadlines provided for in the district commissions will also be observed in the appeal. + Chapter 4 How to liquidate and pay compensation + Article 15 As soon as the decisions of the district commission or the appeal committee will remain final, the finance ministry will pay the compensation granted in the manner provided for by the following articles. + Article 16 Cash will be paid by the county financial administrations, depositing the decision, compensation up to 10,000 lei inclusive, and for buildings, up to 20,000 lei inclusive. Place the treasury bills. + Article 17 Any compensation up to 10,000 lei, and for buildings up to 20,000 lei will be paid up to these amounts in cash. Over these amounts the commission will decide a quota that will be paid in treasury bills and which the quota comprising and the amount to be paid cash will never be higher than 80 percent nor less than 50 percent, going down from small compensation to the largest, without being able to give more than 50 percent to the compensation that passes 500,000 lei. For the rest the State recognizes the damage liquidated with the above quotas a right of claim, which will be paid by the State within 20 years from January 1, 1920, the State being obliged to give the damages an ascertaining title of this claim. Under no circumstances can this title exceed the sum of one million for a single pest. Titles will be amortised by lot starting from January 1, 1925, in a growing proportion, according to the depreciation tables. + Article 18 The share that is paid in cash cannot be pursued either in total or in part. + Article 19 The proportion of the damage suffered in relation to the entire wealth will be taken into account when fixing the quotas in treasury bills. This quota will increase to 80 percent, when all the wealth has been destroyed. If the damaged one has suffered damage in two or more districts, he will be obliged to make statements before each district commission and show what is the proportion of the entire damage to his wealth. Failure to make the declaration or false declaration will attract the loss of the benefit of this article. The application of this article is made on the totality of the damage to the fortune, according to the interested one. The damaged one will address the appeal committee that considering the liquidations made by different commissions, will decide whether or not it takes place, the provisions of this article apply. + Article 20 The vouchers for the payment of requisitions and damages of rasboi will be of different values and will be paid by the financial administration within the limits of the credits opened for this purpose. After the passage of a month from his date, the bison of thesaurus produces a dobinda of 3 percent. The treasury bar is negotiable, it will be considered as an effect to the order and will be transmissible through gir. He will be received for paying taxes at the State's houses and as collateral together with the other State effects. Titles provided for in art. 17 will be like different values and will receive as collateral for half of their value. + Article 21 They are not entitled to compensation those convicted of desertion, espionage and treason. Proof of these feats of the State. + Article 22 No costs are allowed and no percentages to the amounts claimed. + Article 23 They are exempt from stamp duty and registration of all applications and documents that will be made in this matter, procedures as well as any other formalities besides any authorities until full payment of the damage. However, the claim will be without the following stamp: a) Dela 2,000-10,000 to 10 lei; ... b) Dela 10,000-50,000 to 20 lei; ... c) Dela 50.000-100.000 to 50 lei; ... d) Dela 100,000 up to 100 lei. ... + Chapter 5 The funds from which the compensation and requisitions of rasboi will be paid + Article 24 A special fund of the finance ministry will be provided for the payment of requisitions and compensation. It will affect this fund the product tax of rasboi. The finance ministry opens for the time being a loan in the amount of 300,000,000 lei for the payment of compensation. + Chapter 6 Transitional provisions + Article 25 Provisions of art. 2 and 3 of the decree-law No. 1.191 of 11 May 1918, by which it was decided that, with effect from 1 June 1918, to pay rent for the premises requisitioned for the neighborhood of inhabitants of the people, horses and other local available, as well as for the buildings necessary for the personnel or service material, of any nature belonging to the army, whatever the duration of the requisition, is amended in the following way. The amount of the rent and their compensation for damages will be determined by good agreement between the requisition and the military authority that executed the requisition within two months of the application, and in case of misunderstanding, this amount will be establish by a joint commission, composed of: a delegate of the ministry of rasboi, a delegate of the ministry of finance and a delegate of the respective communal authority. The decisions of this commission taken by a majority of votes, are provisionally executable, the dissatisfied one having the right to appeal to the respective district commission within 3 days from the date of the decision of the joint commission. The decisions of these district commissions, regarding the amount of rents, are final, without appeal and without right of appeal. The rights won for the determination of the amount of rents, according to the decision of a ministry of rasboi No. 88/918, published in the Official Gazette No. 95 of July 20, 1915, until the date of publication in the Official Gazette of the present law will be observed. The provisions under art. 1 of the mentioned Decree-Law 1.191/918, ratified by the law of August 19, 1918, which decided to continue until the conclusion of the general peace of the application of the requisition law and its regulation, remain in force. All other provisions of the mentioned decree-law No. 1.191/918 are and remain abolished. The regulation of the present law will determine the details of the application of those contained in this article. + Article 26 The owners will be able to request the restitution in kind of any requisitioned object that exists in nature and whose identity can be restored by giving up any compensation for these objects. The regulation will determine cases where the State will refuse the request. Cattle, tools and work tools, industrial machines, transport vehicles, such as: chariots, carts, trucks will be returned. The special commission provided for in art. 40 40, lit. b of the requisition law established by the ministry of rasboi will continue to operate, but observing the rules of procedure steadfastened by the present law. + Article 27 For the requisitions in Bessarabia, the commissions will comply with local laws and regulations, both for the requisitions of rasboi made by the authorities in law and for compensation. + Article 28 The main authors and accomplices who knowingly will be made up or presented fraudulent acts, or will be concealed part of the wealth for which a final decision of liquidation and compensation of rasboi has been obtained, will be punished with imprisonment from 3 months to 3 years and with the bent refund of the amount to be collected in this way. The public action for this offence is prescribed after 5 years from the date of obtaining the decision of a final compensation and liquidation. + Article 29 A regulation with pUters of law will determine the application of the law and, in addition to the specific points provided in the law, will fix in particular. a) enumerative determination of art and luxury objects; ... b) The regional price tariff at whose preparation will also take into account the maximum prices fixed by the ministry of industry and trade by ministerial decision given on the basis of art. 27 of the special law authorizing the taking of exceptional measures; ... e) Allowances of members of the commission; ... d) Procedures of details; ... e) The appointment and fees of its officials; ... f) Rogatory commissions and various special delegations that district commissions will be able to give. ... + Article 30 All the provisions of the contrary to the present law are abolished. This law was voted by the Assembly of Deputies at the meeting of 1 Septemvrie in 1918 and was unanimously adopted by ninety votes. President, C. Meissner. (L.S.A.D.) Secretary, Athanasius This law was adopted by the Senate at the meeting of 21 Septemvrie in 1918 and was unanimously adopted and one votes. President, D. Dobrescu ((L.S.S.) Secretary, Colonel A. Magheru We promulgate this law and order that it be invested with the seal of the Senate and published through the Official Gazette. Given in Iasi, on October 4, 1918. FERDINAND (L.S. St.) Council President of ministers, A. Marghiloman Ad-interim finance minister, C.C. Arion Minister of Justice, Ion M. Mitilineu --------------
