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Law No. 97 Of 10 July 1929

Original Language Title:  LEGE nr. 97 din 10 iulie 1929

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LEGE no. 97 97 of 10 July 1929 for the amendment of the Law of 19 May 1925 on the unification of certain provisions of civil and commercial procedure, for the facilitation and acceleration of judgments, before the courts and courts of appeal, and for the unification of jurisdiction judges
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 150 150 of 11 July 1929



+ Article UNIC The provisions of the law of 19 May 1925, regarding the unification of certain provisions of civil and commercial procedure for the facilitation and acceleration of judgments, are replaced by the following: "" CHAPTER I Contents of the call for appeal Article 1. -The request for a summons will include: a) Name, pronouns, domicile or residence of both the plaintiff and the defendant; b) The legal quality in which the parties appear in the process, when they do not appear on their own behalf; c) The object of the application and its value, after the applicant's assessment, when it is susceptible to evaluation. For the buildings will be shown the street and the number, and in the absence, the neighbors, the commune and the county where the building or its indication is located, according to the land registers, with the topographic numbers and possibly with the plan outline, where there are such registers; d) Indication of the factual and legal reasons on which the application is based; c) The indication of the evidence, which each end of the application shall be supported. When the sample consists in documents, so many copies certified by the applicant will be joined upon request for compliance with the original, as many parts are, in addition, one copy of each act, for the court. It will be possible to submit an act only the part relating to the trial, remaining as the tribunal to order, in case of necessity, the appearance of the act in its entirety. If the documents are written in foreign language or with old letters, they will be translated or written in Latin letters, certified for compliance, on the part. When the claimant wishes to prove his action or any of the ends of his request, through the defendant's interrogator, he will ask for this purpose in his person's appearance. Article 2. -The request for a summons will be made in as many copies as defendants are, more a copy for the court, signed by the plaintiff or trustee. In the latter case a copy of the mandate will be submitted to the file. When the application is made by a legal representative will be submitted in certified copy the proof document of the quality of legal representative. As far as legal persons are concerned, this requirement will be considered fulfilled by the indication of the Official Monitor, in which the power of their representatives is published. If several defendants have only one common representative or procurator, or if the pirate has several legal qualities, a single copy of the action and depe papers will be communicated, according to art. 6. Article 3. -In the event that the party present in court declares on a lawyer as his trustee, this declaration will be passed in the minutes of the meeting and will hold the power of attorney for the rest of the trial. Date of certification made by a lawyer according to art. 36 of the organization law and unification of the body of the ati, on any kind of power of attorney for representation in the judiciary, constitute a definite date. The defendant who represented on one side, either on the basis of a power of attorney, or by virtue of the verbal declaration, provided in par. 1 of this article, will be able to perform any procedural act, as well as to exercise any remedy on behalf of that party. The same right has the defendant who assisted on a party to the trial of the trial fund, but in this case all procedural acts will be fulfilled only to the insas. CHAPTER II Welcoming Article 4. -The President as soon as he receives the application for appeal and finds the payment of stamp duties and the proportional tax provided by law, will fix a term of appearance according to the provisions below and will quote the parties before the tribunal, in public meeting. He will order at the same time to communicate to the defendant, with the citation, a copy of the action, together with children depe papers, with the written invitation to file a welcome, which will be done in so many copies and with so many rows of children depe acts, how many plaintiffs are, more a copy signed by the pirit or trustee and a row of children depe acts for the court. The president will invite the pirate to meet at least 10 days before the deadline for judgment, except for urgent business, when this deadline can be reduced to three days. The term will be fixed so that from the date of receipt of the citation, the pirate will have at least 30 days for the submission of his welcome or, in urgent affairs, at least five days. If the pirate lives abroad, the president will set a longer term, after cases. Article 5. -With the fixing of the trial deadline, the president will also be able to determine the time for trial. Article 6. -If several claimants have only one representative or joint procurator, or appear in several legal qualities, a single meeting and a single row of children deper acts will be submitted to the file for them. Article 7. -The defendant's welcome will include: a) All procedural exceptions opposing the applicant's action; b) The answer or to all points of fact and law of the action; c) All means and evidence that occur on the contrary to each end of the applicant's request. Article 8. -When there are many defendants, they can answer, either separately by a welcome, or collectively all or part of them, through a common welcome. Welcoming one or some of the defendants takes advantage of others to the extent of the common interest. Article 9. -The counterclaim, the call under warranty, or any other request aimed at introducing a tertium in the process, must meet the requirements of art. 1 1 and 2. They will file themselves with the welcome. CHAPTER III Appearance and debauchery Art. 10-On the first day of appearance, the plaintiff will be able to ask for time to complete or amend his request for a summons, to make a written welcome at the defendant's counterclaim, as well as to propose new evidence with on its action, or on the counterclaim. The action that does not include the name and pronouns of the complainant and the defendant, as well as its object, will be declared void, without being able to give a deadline for completion. Article 11. -The Pirite may also ask in this first meeting a deadline for the formulation and submission of the meeting, the counterclaim, the request for a call under warranty or the introduction of a tertium in the process, as well as to submit new evidence with the applicant's action or those requests. Article 12. -The counterclaim, the call in guarantee and the introduction of a tertium in the process, which will not be made within the deadline shown in art. 9 and 11, will be judged separately, except when both parties agree to judge together. Article 13. -The Tribunal will grant the applicant or defendant the requested postponement, setting a deadline after the norms shown in art. 4, so that the parties may carry out the formalities provided for in that Article. At the same time, the tribunal will condemn on the part of which the postponement occurred, to pay the other party compensation according to art. 49. Article 14. -The procedural exceptions that will not have been proposed by welcome, or at the deadline granted according to art. precedents, will no longer be able to be raised in the course of the process, except for public order The evidence that will not have been required under the conditions of art. 10 10 and 11, will not be invoked in the course of the court, except the cases: a) When the required sample is the oath; b) When the necessity of proof would emerge from the debauchery and the party could not foresee it; c) When the administration of the sample does not cause the trial In the case referred to in paragraph b, the opposing party shall be entitled to the challenge, only on that point and on condition to invoke it at the same meeting. Article 15. -When the court granted a party a sample of documents, in accordance with art. 14, the party is obliged to submit to the file, within the fixed term, copy of the documents invoked, certified by it for compliance. Article 16. -The party that submitted to the file a written document, in certified copy, is obliged to have on it at the meeting the original of the act or to submit it before in keeping the graft. If the opposing party cannot make the confrontation of the copy with the original presented at the meeting, the judges will be able to grant a short term for this purpose, obliging the one who produced the act to submit it in original in keeping the graft. Article 17. -When the accuracy of the translation in Romanian or the transcription with Latin letters made by the party is found, according to art. 1, the judges appreciating, will be able to order the translation or transcription of the act to an authorized translator, after the provisions of the regulation of 18 Octomvrie 1925. Article 18. -When a local research, expertise or evidence has been admitted with witnesses, the proposing party is obliged within 5 days of admission to present the witness list, showing their name and address and to file the citations fee, how and the amount fixed by the court, for the expenses of research, transport or compensation of witnesses, or the fee of the expert. When the parties were admitted according to the provisions of art. 14, letter b, the above term may be extended by judges up to 10 days. The failure to present the list of witnesses in the term draws, for the part that proposed it, the decay to be served by this evidence in the course of the court. In case of non-fulfilment of the other duties above shown, the court will be able to grant a single deadline, appreciating the reasons invoked for the justification of such a request and the party that obtained the postponement will also be obliged to compensation, under art. 49. When the required sample is the expertise, the opposing party will be able to ask for the counter-expertise at the latest after the submission of the report. Article 19. -The appointed expert is obliged, under the sanction provided by law, to submit his report at least 10 days before the deadline set for trial. In urgent matters, the term can be reduced by the court. He will be obliged to appear to give explanations whenever he will be asked by the court, but having the right to seek compensation for this appearance. The court will rule on this request of the expert through a final and enforceable conclusion, according to art. 49. Half of the fee fixed to the expert will be issued after the oath, and half after the submission of the expert report. Article 20. -The part, against which the decay of the right to administer a sample has ruled, will still be able to defend itself, in fact also discussing in law the merits of the claims and evidence of the opposing party. Article 21. --When the party proves that her opponent holds a probative act relating to the trial, the tribunal, may order the appearance of the act. The request for appearance cannot be rejected if the act is common to the parties in the process, if the opponent has referred in the process to this act, or if by law he is obliged to produce or depict the act. Article 22. -The court may reject the application for the appearance of the act in whole or in part, in the cases: a) When the content of the act refers to strictly personal matters; b) When the appearance of the act would violate the duty of secrecy; c) When the appearance would attract prosecution against a party or a tertium, or expose it to the public opprobrium; d) When he proves that the reasons for such good reason justify the refusal to depict the act. Article 23. -If the party refuses to respond to the interrogator or to take the oath that would be referred to him in proving the possession or existence of the act; if it appears from the evidence administered that he hid the act or destroyed it, or if after it has been proven the holding act, according to art. 21, does not comply with the disposition taken by the court to depict that act, the court will be able to consider that proven the statements made by the party that asked for the appearance on the content of that act. Article 24. -If the act is found in the preservation of a public authority, the court will take measures, after request or ex officio, to bring the act, being able to pronounce on the contrary to the head of the authority, in case of unjustified refusal, Article 25. -The appearance and bringing of the act shall be at the expense of the party who requested this evidence. In this case the court fixes the amount of payment by a final and enforceable conclusion, according to art. 49. Article 26. -The judges are entitled to ask questions of the parties in the form of interrogator to explain the unsettled points of the process. They will be able to put, ex officio, in the dissolution of the parties any issues that lead to the resolution of the trial, and order, in the margins of the legal provisions for evidence, all the measures Article 27. -The Tribunal, when it sees fit, may delegate a judge for the administration of the evidence admitted. Article 28. -If none of the parties present themselves at trial, he shall be suspended. Article 29. -If at any time fixed for the judgment only one of the parties is presented, the tribunal after examining all the works in the file and listening to the oral conclusions of the present party, will rule itself being able to admit the exceptions, evidence or requests relative to the very background of the absent party, if it will be found grounded. CHAPTER IV Participation of third parties Article 30. -The call under warranty, the indication of the author and the intervention will have to meet the requirements shown in art. 1 and 2 under the sanction provided by art. 10, last paragraph. The call in guarantee and the indication of the author must be filed under the conditions provided by art. 9 9 and 12 of this law. The main intervention can only be made during the first instance. The accessory intervention can be made throughout the process, the intervener must take the process in the state in which it is found at the time of the intervention. The discussion of the admissibility in principle of these requests will be made at the meeting in which they were introduced and in case of admission the provisions of art. 4. Article 31. -If it has been admitted that the request for a call for a guarantee will be judged with the main action, the request will be communicated to the call in guarantee and it will submit the meeting according to the norms provided by art. 4. CHAPTER V On Call Article 32. -The term of appeal in contentious, civil and commercial matters is 15 days, even in the case when by laws or special provisions another term is provided. It flows from the date of communication of the decision subject to appeal, unless by laws or special provisions it is stipulated that it will be counted from the pronouncement of the decision. Immediately after the expiry of the appeal period, the Registry of the Tribunal will, ex officio, ask the first Registrar of the Court of Appeal to be told if any appeal has been registered with the Court within the time prescribed by law. The Court's Registry will immediately communicate this response. The official whose negligence did not meet these formalities, will suffer the conviction provided in art. 57 57 of this law. The finding that the sentence remained final by non-appeal will be made on the basis of the above certification on the basis of the certificate presented by the party. Article 33. -The call for appeal will include: a) Name, pronouns, domicile or residence of both the caller and the intimate; b) Showing the decision that appeals; c) The factual and legal reasons on which the appeal is based; d) The means and evidence they invoke in support of the call. When the sample consists in unburned acts at the first instance, the caller will comply with the provisions of art. 1. Article 34. -The request for appeal is made in so many copies how many intimates are, more a copy signed by the caller for the Court. The appeal shall be filed under proof, or at the registrar of the tribunal which handed down the sentence, or directly to the respective Court of Appeal. If it is filed in court, the President will send it immediately, together with the case file, to the President of the Court of Appeal. Article 35. -The President of the Court of Appeal, as soon as he receives the appeal, will fix the term of appearance according to the provisions of 4 and will order the summons before the Court. At the same time it will have to communicate to the intimate with the citation a copy of the call request, together with the copies of the documents adjoining the call and which will not have been presented to the court, with the written invitation to file its meeting with the rules laid down in art. 4. If more intimates have only one representative or joint procurator, a single copy of the call and depe documents will be communicated to him. Article 36. -When against the same decisions were introduced several appeals, distributed to different sections, based on the proof produced by those interested, the presiding officer of the section later notified will order the sending of the call to the previous section notified. Article 37. -The caller who did not meet the requirements of art. 33 will be able to complete or modify the call or at the latest on the first day of appearance. In this case the intimate will be right to ask for communication and to be given a term, within which to submit to the file his written welcome, to invoke his exceptions, means and evidence in defence. The Court will apply in this case to the appellant the provisions of art. 49, except when the caller justifies that he was forced to make the appeal before the communication of the sentence appealed. Article 38. -The parties will not be able to serve before the Court of Appeal of other reasons, means or evidence, than those invoked at the first instance or shown in appeal and welcome, except the case provided by art. 14. Article 39. --Provisions art. 5 5-8 and art. 15 15-29 shall apply accordingly and in the appellate court. Joining the call Article 40. -The intimate is in law, even after the expiry of the term in which he could declare appeal, to adhere to the main appeal made by the opposing party by his own appeal to tend to the reform of the court's sentence. The accession to the appeal shall be made by meeting or at the first appearance before the Court with the forms provided for in the above articles. Article 41. -If the principal caller withdraws his appeal as late as the first day of appearance or if his appeal is rejected as late, or inadmissible, the appeal shall be rejected. This provision shall not apply if the accession has been made within the time limit of appeal. Suspension of provisional execution Article 42. -The application for the suspension of the provisional execution, ordered by the first instance, will be possible, either with the call or separately throughout the appeal court. The application will be able to file, either in court or at the Court and join, in legalized copy, the device of the decision. The request for suspension will be tried by the Court that will urgently ask the court case. The suspension can be provisionally granted by presidential ordinance according to art. 66 bis of civil procedure, even before the arrival of the file. Article 43. -The party that requested and did not obtain the provisional execution before the first court, will be able to ask it in appeal conforming to the provisions above. CHAPTER VI Common provisions Article 44. -The sentences of the tribunal given in the first instance and the decisions of the Court shall be ruled without Article 45. -The roll call at the beginning of the hearing is suppressed for the courts of appeal and courts The parties may ask the court, at the beginning of the hearing, to postpone the trials that are not in a state of judgment and when these requests do not give place to speeches. This postponement can also be made by a single judge. Article 46. -The presence of the party in court, in person or by trustee, covers any vitium of the procedure with regard to the knowledge of the term of appearance, if, however, the term granted by law for citation has been respected. Article 47. -The change of domicile of one of the parties during the course of the trial must be notified to the court by petition on file, and the opposing party by a registered letter whose delivery receipt to the post will be submitted on file. Article 48. -The party that was present at the appearance, in person or by the procurator, invested or not with the right to know the term, will no longer be cited throughout the court, being presumed to know the subsequent deadlines even if it were absent. This rule shall not apply to: a) in case of reopening the process after being suspended or postponed without a deadline; b) in case of fixation of a term for the call to the interrogator or the oath of oath. Article 49. -The party that, in any way, has occasioned the postponement of the process will be obliged, at the request of the opposing party, to pay him compensation in relation to the damage caused by The court shall rule, after hearing on the parties, a final and enforceable conclusion which shall be carried out in accordance with the procedural rules relating to the pursuit of the forced pursuit. This compensation is not returned in any case even if the party that obtained it loses the process. If the conclusion was not executed during the trial the interested party will be able to ask that the compensation be taken into account in the calculation of the conditions of the decision. Article 50. -Judges cannot reduce stamp expenses, taxes, expert fee, witness allowance as well as any other expenses that the party that has won the case will prove to them as made. I also cannot reduce the fees of the defendants below those provided in the paintings of the minimum fees, prepared by the union of the defendants, approved by the Ministry of Justice and published in the Official Gazette. The court will, however, be able to appreciate whether a higher fee is due for the services provided. Article 51. -All the deadlines provided for in the present law are considered on days off, that is, the day is not counted when it began even on the day when the term ends. Article 52. -The legal percentages will be calculated according to the account of the National Bank increased by 4% in civil matters and 6% in commercial matters. Article 53. -Against the witness or expert, who is missing at the first citation, the court will issue, at the request of the interested party, a warrant for bringing. Against the expert who received the commission, but did not submit the report within, causing a postponement, the court will be able to pronounce the conviction to pay the compensation provided by art. 49. The conviction will be made according to the procedure provided in art. 56. If after the issuance of three warrants of bringing the witness does not appear, the court appreciating the circumstances will be able to proceed to trial. Article 54. -The delivery of the action, the call, the welcome, the subpoenas and any procedural documents, as well as the communication of the decisions will be made ex officio without payment of any special tax. The various fees provided by the public administration regulations for the service of the porters and for the fees of the procedural and enforcement acts, of 20 Decemvrie 1925, amended on 25 July and 15 Decemvrie 1926, for the delivery of the citations, the the action, appeal, appeal, as well as any other acts subject to communication shall be abolished on the day of implementation of this law, with the following distinctions. The same date increases the proportional tax of 0.60% provided by art. 5. ● 1 of the stamp law at 0.80%. In the actions at which the proportional stamp is not charged will be charged as taxes an amount representing so many times the stamp duty provided in art. 5. ● 2 of the stamp law, as many parts are in the process. When several parties have a common representative or trustee they will be counted as one. For ongoing processes the interested party will be able to benefit from the provision of this article by paying the taxes according to par. 3 3 and 4. The acts that are handed out remain subject to stamp duties provided by the stamp law. The payment of these fees will be made by cancellation of stamps or by application of mobile stamps on the request of the court referral, on the welcome or on the minutes of the meeting, or on other procedural acts. About the stamps filed the party is obliged to make mention on its request, and the Registrar in the minutes. Stamps can be applied totalled in an amount and will be cancelled on the very acts they have been applied. The provisions of this article also apply to trials of the jurisdiction of detour judges. Article 55. -The delivery and the ordered communication ex officio, according to the provisions of art. precedent will be made in rural and urban communes non-essential by the county through the administrative bodies according to their competence and with the guard of forms steadfastened by the codes of procedure or the various special laws. The parties will also have the faculty to resort to the office of the port body, paying in this case the taxes in force without counting them in the costs. Article 56. -The porters and all the judicial and administrative officials charged with the law with the performance or communication of procedural acts, whose fault was occasioned the postponement of the trial will be condemned by the court by an enforceable conclusion to the payment of a fine of 500-2,000 lei and the compensation of the injured party. The one convicted thus has the right to present to the court within 10 days from the receipt of the conviction of conviction a reasoned request for the exemption or reduction of the fine or compensation. He will be quoted as a matter of urgency with the prejudiced party to which he was awarded the compensation in the council chamber and the court after listening to the explanations given will rule by final decision, but subject to appeal within 5 days of pronunciation. The appeal is not suspensive of execution. The citation will be made by graft according to art. 67-69 of the regulation for the service of porters and is exempt from stamps and other taxes. The fine will be executed through the financial administration, and the compensation granted to the injured party is intended according to art. 50. Article 57. -Introductory court applications, appeals and any other acts of insufficiently stamped procedure, to which they will have been misled, are valid if at the first term of appearance the party will justify the payment of stamp duties. The party will be able to ask for a single deadline for the payment of these fees, but in this case it will also be obliged to a fine equal to the tax filing. The non-payment of the tax and the fine provided above attracts the nullity The acts presented by the parties as means of proof and insufficiently stamped cannot suspend the course of judgment. The court before which it occurred will notify the Financial Administration by sending a copy of the non-stamped act. The decision will only be given after the payment of the possible taxes and fines. The case shall be exempted when both parties declare that they are no longer served by the act. In all cases fixed and proportional stamp duties, as well as any other taxes and fines can be paid even before the judgment by filing of stamp sheets that will be annulled by the court. If the above taxes are paid by a party other than the one required by law, the court by decision that will pronounce a will oblige the latter for the benefit of the first to pay the amounts due with legal percentages from the moment of payment taxes until the actual return of these amounts. Article 58. -The postponement of the processes by the common agreement of the parties may be made in the following conditions a) The first deferral of mutual agreement can be made without any payment of taxes; b) The other two subsequent delays in agreement will not be admitted until after the payment of a fee of 100 lei to the court, of 200 lei to the Court of Appeal and of 300 lei to the Court of Cassation; c) After three deferrals of mutual agreement will be doubled for each new deferral of taxes paid at the previous postponement. The fees paid according to the above provisions will not be counted in the costs. The provisions of art. 6, paragraph 9 of the stamp law regarding the postponement of the common reasons before the tribunal and the Courts. Article 59. -In cases where the judgment has been suspended due to the non-submission of the parties, it will only be able to be reopened after the payment of the duties provided for in paragraph b below the previous article. In the case of nine suspensions, the provisions of paragraph lit shall apply. c of the previous article. Provisions of art. 6, paragraph 8 of the stamp law, in terms of fees for the reopening of processes, is repealed. CHAPTER VII Final provisions Article 60. -The present law forms the common law procedure in any civil and commercial matters of a contentious nature before the courts as a first instance, as well as before the Courts of Appeal. All the provisions of the contract in force throughout the territory of the country shall be repealed. However, the special procedural provisions provided for by laws for certain subjects remain in force. These laws are completed with the provisions contained in Chapter VI of the present law as well as with any other provisions of which they are not contrary to the special laws. Article 61. -All acts of procedure approved and fulfilled before the implementation of this law will produce their effect. Those not yet fulfilled before any court and in any case, shall be fulfilled by the provisions of this law. The nullity and decay provided by the law of May 19, 1925, which are not maintained by the present law, no longer produce their effect at the time of the application of this law, unless the court has pronounced nullity or decay. For the trials that will be found pending at the time of the promulgation of the law, the parties will be able to modify the actions, their meetings or their calls according to 10, 11 and 37 of this law until the first deadline fixed after the implementation of this law. The case when the parties have been declared fallen from that right shall be exempted. Article 62. -Article 40 of the law of the defendants remains repealed. Article 63. -The decisions rendered before the implementation of the present law remain subject to the remedies and deadlines provided by the law under which they were pronounced. The decisions rendered after the implementation of the present law remain subject to the remedies and deadlines provided for by this law. Article 64. -The appeals against the final sentences of the courts given in the jurisdiction of the Courts of Appeal of: Brasov, Cluj, Targu-Mures, Timisoara and Oradea through the procedural laws in force in those constituencies will continue to be judged by those Courts until the complete unification of the rules of procedure with regard to the competition and remedies. These appeals will be investigated and judged in everything according to the procedural norms provided in the law of the Court of Cassation, even for appeals in trials whose value does not pass 10,000 lei. Article 65. -Art. 27, 31, 34, 39 and 49 of the law of August 4, 1921 regarding the jurisdiction of the courts of the courts of appeal of Craiova, Bucharest, Galati, Iasi and Constanta change in the sense that the jurisdiction of these courts amounts to the value of 5,000 lei including in the first and last instance, capital without percentages complained and up to the value of 50,000 lei including in the first instance, capital without percentages complained, maintaining the distinctions of the other texts regarding fixing the jurisdiction of the detour of the detour as the first or last resort. Article 30 of the law of judgments of the same constituencies changes in the sense that in the lawsuits filed, either by common law or by the law of the owners for the execution, cancellation or termination of tenancy or lease agreements furnishings, as well as in those for the isgonation of the tenant or tenant, their competence rises in the first and last instance up to the housing value of lei 4,000 including annually, except the wishes, and in the first instance with the right of appeal to the court when the annual value of the contract, except the taxes, do not exceed the amount of 50,000 lei. In the actions in which any amount of money is claimed, either with the title of rent or with the title of damages deriving from the rental contracts, the court's jurisdiction is regular by the value of the application, and not by the contract. The competition of judges in terms of guardianship amounts up to the value of one hundred thousand lei. The other provisions of the above-mentioned texts remain unchanged. Article 66. -Article 1 of the Law of 8 July 1924 relative to the establishment of the jurisdiction of the courts of the Chisinau Court of Appeal is amended in the sense that the jurisdiction of these courts amounts up to the value of five thousand lei in the first and last court, capital without percentages complained and up to the value of fifty thousand lei in the first instance, capital without percentages complained about. As to the lawsuits filed, either by common law or by the law of the owners for the execution, cancellation or termination of the tenancy or lease contracts or real estate, as well as those for the isgonation of the tenant or the tenant, the jurisdiction of the detour courts in Bessarabia is fixed in the first and last resort up to the housing value of lei 4,000 annually, except the wishes, and in the first instance with the right of appeal to the court when the annual value of the contract, except the states, do not exceed the amount of 50,000 lei. In the actions in which any amount of money is claimed, either with the title of rent or with the title of damages deriving from the rental contracts the court's jurisdiction is regular by the value of the application, and not by the contract. The competence of the judges in the top constituency of the mentioned Court in terms of guardianship amounts up to the value of one hundred thousand lei. The other provisions of the above mentioned texts remain untouched. Article 67. -The provisions of the law of August 2, 1921, regarding the increase of the civil competition of the judicial authorities in Bucovina, are modified in the sense that the courts of the constituency of the Court of Appeal of Chernivtsi will have the competence to judge in the last resort small business (bagatelare) up to the value of five thousand lei, capital without percentages complained, and up to the value of fifty thousand lei in the first instance, capital without percentages claimed. Art. 68. -The single article of the law of August 4, 1921, regarding the jurisdiction of the courts of the courts of appeal in Brasov, Cluj, Timisoara, Oradea and Targu-Mures, changes in the sense that the jurisdiction of these courts is increased thus: the amounts provided in the 11 aligned of the article from the top quoted law that represent the limits of value regarding the competence will be counted in the future multiplied by 5, apart from the amount shown in art. 476 civil procedure, para. II, which increases to the amount of 5,000 lei capital without percentages complained about. Article 69. -The trials and guardians pending at the courts and which at the promulgation of the present law, by the effect of the above provisions, would become of the jurisdiction of the courts, will continue to be judged by those courts as the first instance with the right of appeal. Article 70. -The decisions rendered by the ocoals courts in the last instance will be subject to appeal to the respective courts for excess of power, incompetence, violation of law, essential omission and distortion of acts. The Omission may consist or in the non-pronouncement of the judge on any means of defense invoked by the party, or the non-invocation of the ex officio judge of any means of defense that reesea from the facts The appeal shall be declared at the Registry of the Court of Justice. The appeal is suspensive of execution. The appeal declaration is made in the same way as the beginner court application. The reasons for the appeal will be shown by the appeal petition or by a separate memo that will be communicated to the intimate at least 10 days before the deadline fixed for the appeal. The term of appeal in any matter is five days off from the communication of the book of judgment for the part absent or from the pronouncement when the parties were present, even if by other laws it provides for another term or way of calculating the term. If the court finds the reasons for which the entire business he judges in the first or last resort according to the rules of his jurisdiction, he finds himself. The Tribunal called to judge the appeal against the judges ' decisions will be composed according to the provisions of the law of judicial organization. Article 71. -The reconstitution of the destroyed works books, the replacement of the damaged ones, the care of books and the various registers, the transformation and rectification of the funduary books and any other works regarding these institutions, will be made ex officio the judge delegated by the Ministry of Justice under the direction and deprivation of the first-president of the Court of Appeal or of another member of the Court delegated by the Ministry. Expenditure requiring reconstitution may be covered by the contributions of the interested parties according to the Regulation drawn up by the Ministry of Justice. Article 72. -The conditions of capacity and functioning of persons who will be authorized to make the office of translators, respecting the rights won, are provided in the regulation of 18 Octomvrie 1925. Article 73. -From the date of implementation of the present law, the provisions of the law of 19 May 1925 are repealed. The provisions of civil and commercial procedures in force throughout the territory of the contrary to the above provisions shall also be repealed. Article 74. -This law comes into force on the day of 1 Septemvrie 1929. " ((Desbaters: Room No. 85/87, 98-90, 120 *)-1928/29; Senate No. 58, 61, 69 and 74-1928/29) (Voted by the Assembly of Deputies on 27 June and by the Senate on 4 July 1929). ____________ Note *) See, in the "Official Gazette", Part III, the dissolution of the Assembly of Deputies No. 91 of 14 Octomvrie 1929, the note regarding the publication of the debauchery of the Chamber of Deputies on June 28, 1, 2 and 3 July 1929. --------