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Law No. 121 Of 17 May 1930 For The Reorganization Of The Rural House

Original Language Title:  LEGE nr. 121 din 17 mai 1930 pentru reorganizarea Casei Rurale

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LEGE no. 121 121 of 17 May 1930 for reorganization of the Rural House
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 107 107 of 17 May 1930



+ Chapter 1 Purpose of the institution and its operations + Article 1 Rural House, an institution established in order to facilitate the necessary credit for Romanian peasants, land growers, to be able to buy land, will continue to function, fulfilling its purpose and all the rights and powers conferred on it. by this law. The Rural House is a legal person and works according to the provisions of the trade code regarding anonymous companies that do not contradict the present law. The Rural House is in Bucharest. It will also be possible in other branches. + Article 2 The share capital is MDL 100,000,000, divided into 100,000 shares of 1,000 lei each, half of these shares belonging to the State, and the remaining half to private shareholders. This capital will be increased after need, following the general decision approved by the government, the State participating in these increases in this proportion to the above. The State's actions will be nominative and inalienable, the others will be bearer. The above capital is effectively shed according to the balance sheet concluded at 31 Decemvrie 1929, approved by the extraordinary general meeting of March 9, 1930. The State's right to vote as a shareholder is limited to 100 votes. The shares belonging to the State are exempt from any stamp duty and registration and any taxes, except the one on income. + Article 3 The rights and attributions granted to the Rural House will not be able to modify, neither restrict, either directly, through other concessions or co-associations, until the end of the 30-year period from the promulgation of this law. The Rural House will exercise, even after the deadline of 30 years above provided, all the rights conferred on it by the present law, as it concerns the completion of the operations started during the 30 years and until the final acquittal of the payment of the "rural vouchers" issued and the performance of all receipts, percentages, chirographic, privileged or mortgage receivables. The social year begins on 1 January and ends at 31 Decemvrie of the same year. + Article 4 The operations that the Rural House is authorized to do are: a) To buy rural properties of any stretch, from public tenders, by good agreement or in the cases provided by art. 148 of the agrarian law, of July 17, 1921, to resell them in batches to villagers or for the islazes of rural communes. The Rural House will not be able to make such purchases in cases where the State has the right of pre-emption, unless the State does not exercise its right or within the legal term; b) To buy from villagers rural lots acquired by them according to different laws of impropriety. The purchase of these lots by the Rural House is not subject to any condition or formalities required by special laws; c) To sell to the villagers, in lots and conditions of this law, the land and rural properties that they would buy, as shown above, ensuring with privilege or mortgage on them the payment of the price due. The Rural House will be able to sell, in whole or in part, the purchased properties, rural communes with the same guarantees, for the purpose of constituting or completing communal islazes. The interest at the price due in these cases will not be more than 12% annually; d) To facilitate through loans to villagers, obstans or communes the purchase of estates or parts of estates, plots of impropriety or islazes. The Rural House will be able to pay the seller the price of the borrowed amount, taking guarantees with privilege or mortgage in the purchased property, with a interest that will not exceed 12%; e) To participate in the purchase of the estates on which the State has the right of pre-emption, financing the purchase operation, paying the seller the price, taking by the act of sale or by special acts any insurance, such as: privilege, mortgage, by following and collecting from buyers of lots interest, amortisation, administration expenses and other expenses that encumbered the lots. Any real insurance, such as: the privilege, the mortgage, constituted in favour of the Rural House for the operations specified above is valid by way of derogation from the law of the rural goods movement of 1929, even on the impropriety lots bought by the Rural House or through its intercession; f) To facilitate, in agreement with the State, the works necessary to colonize the villagers in certain regions, financing and executing the settlement and establishment operations of the settlers. The funding will be made by taking by the Real Insurance Rural House over the settlers ' lots and buildings; g) To issue rural vouchers that will be used to fulfill the obligations taken according to paragraph a, b, d, e and f above. The above operations will also be possible through cash payment; h) To conduct, control and execute all operations relative to the plot and payment of the price of land purchased according to the above provisions. If the property was bought by the State on the basis of the right of preemption with the financing of the Rural House, these operations will be done by the State or by the Rural House by delegation, if it will receive this assignment expressly; i) To collect from the buyers of the lots the amounts that will be due for interest, depreciation, administration expenses and other expenses accessories that encumber the parts of the land that bought and maintain interest and depreciation exclusively at payment of vouchers and vouchers; j) To provide farmers with loans, either secured by lien or mortgage, on bills or on guarantees of public effects or rural or urban land writing, outside of rural vouchers (own show), or on harvest pledge caught by the root or in the shed, whether on the pledge of animals and agricultural instruments. The pledge shall be constituted in the form and in the conditions laid down in art. 14 14, 15, 16, 17 and 18 of the law for the organization of Rural Land Credit and Agricultural Credit; k) To buy and sell any effects that are not received as a guarantee at the Public Houses; l) To repurpose the portfolio or loan to the National Bank of Romania, within the limits of the law of this institution, or to any other credit institution; m) A lumbarda at the National Bank of Romania, at the Cassa de Depuneri and Consemnations or at any other institutions the writings and public effects that possess; n) To encourage and supervise the improvement of the earth's culture on the properties that will be sold by the Rural House or through it. + Article 5 By way of derogation to any other provisions currently in force in different counties of the country, the effect pledge will be valid if found by act under private signature and the effect taken in receipt by the Rural House, and it shall be entitled that immediately after the expiry of the payment period and without being required by a delay or judgment, to sell on the Exchange the effects deposited in the pledge, with the preference of the amount borrowed together with interest and other expenses that will be made, with exclusion of any other privileged creditor. + Article 6 The owner who wants to hunt his estate, or the villager who wants to sell his lot of impropriety through the intercession of the Rural House, will present to the direction a proposal for sale, and when he is understood with the villagers, he will file a declaration signed and by the villagers willing to buy, indicating the name, the location of the estate or the lot with the neighbors, as well as the documents proving the property and possession. + Article 7 The Rural House direction will delegate one or more experts, either from the officials of the company or foreigners, who will examine in the locality the quality of the land, the economic situation and the conditions of exploitation of the estate, and establish the extent property, the value of each land category and the value of the whole estate. + Article 8 The Board of Directors will fix the price of the estate or land offered, taking into account the report of expertise, the extent of the estate and its various qualities of land, the income tax on agricultural properties, the lease of the estate and the arendays that are paid in the locality, the price of the sale of the estate in the vicinity, the assessments of the Land Credit or Agricultural Credit Society, as well as any other elements that could serve at the evaluation. + Article 9 If the owner agrees on the conditions of sale and the price, the purchase formalities provided for in the statutes and the conclusion of the sale-purchase act and the mortgage act will be carried out. + Article 10 Negotiations between owners and peasants will take place without the intervention of any intercessor. The Rural House will cease for two years any relations with the owners and peasants who will be resorted, either directly or indirectly, to the intercessors. + Article 11 Those who, in order to draw any use, will promise peasants to procure land through their influence or by any other means, will be punished with imprisonment from one month to one year. + Article 12 The sales contracts will be concluded between the owners and the villagers, or when the sale is made by the Rural House between this and the villagers, through a single act of sale-purchase. The released copies even without the citation of the court parties that authenticated the act have the same value as the original. With the submission of the sale-purchase act it will be possible to submit for authentication and the documents by which the buyers villagers will constitute to the Rural House the real guarantees for all the amounts that will be owed to him as price, interest, depreciation and expenses of administration. The villagers who bought together from the Rural House a estate or lots, either individually or in the community, will be able to constitute the Rural House the guarantee of a single act. The authentication of the sales documents, the mortgage documents or any real security act, will be made by any detour of detour, urban or rural of the property situation or from the constituency where one of the contracting parties resides, or of to any notary or tribunal, without being obligatory to counter the acts by the lawyer. The formalities of the opposability of real estrangement or guarantees, such as: transcription, inscription or entry in registers or funduary books, shall be made according to the laws of the place where the good sold or offered guarantee is found. The finding of the identity of each villager will be based on the mayor's verbal affirmation that he knows each of them, or on the basis of legitimation tickets that they would present, mentioning in the minutes how the identity was Found. The mayor who will make an untrue affirmation on the identity of a villager will punish himself for the crime of false testimony according to the criminal law. With the authentication of the act of sale or real guarantee will be able to authenticate by the same courts and the percentages on the basis of which the signatory parties would empower other persons to make the transcript, registration or any other mentions on the acts, in registers or funduary books, of the above acts, to the competent authorities. The deletion of the privilege of mortgages or guarantees will be made at the simple request of the Rural House, without the need for the presence of debtors. + Article 13 At all sales and purchase documents or real guarantees shown above, half of the fees provided for in the stamp and registration law will be paid. In case the Rural House will buy a estate from the owners to a plot and resell it in lots, only one registration fee will be charged for the sale, without any other being charged for the sales in subsequent lots. + Article 14 The mortgage inscriptions constituted for the benefit of the Rural House do not have to be renewed and the prescription does not flow against them. This mortgage inscription guarantees interest until the full payment of the claim, without the need to take a new inscription during this period. The mortgage receivables of the Rural House are not subject to special provisions regarding bankruptcy, either with regard to their cancellation or nullity, when they were concluded during the period prior to bankruptcy, or to the right of prosecution. + Article 15 Mandates to be given to the defendants, delegates or officials of the Rural House, either for its representation in the judiciary or for various acts in connection with its operations, such as: authentications, transcripts, inscriptions, mentions, radiations or other formalities necessary for its operations, will be found by the minutes of the Board of Directors. Copies and extracts on these minutes, which would occur before the judiciary or elsewhere, shall be attested by the Chairman of the Board of Directors or by the member who holds his place and the Director-General. The delegations given in this form have the value of a genuine mandate. + Article 16 Any sale of rural property made through the intercession or by the Rural House, will be preceded by the display at the village hall where the building is located and at the headquarters of the Rural House, as well as by a little knowledge made to the National Cooperation Office. The display and the knowledge will include the names of the owners and the name, extent and situation of the property. The proof of the display will result from the minutes that the mayor and the village secretary or the notary of the commune will conclude in double copy, of which one will be handed to the Rural House. The proof of the knowledge of the National Cooperation Office will be found by the communication of Office to the Rural House that it received the knowledge. The proof of the display made at the Rural House will result from its certificate. The act of sale will not be able to end until after a month from the date of the above shown evidence. The authority that authenticates the act will find in the minutes of authentication the fulfillment of the formality, a finding that will make complete proof in this regard. + Article 17 Any action of eviction, of any nature would be, total or partial, of the estates bought through the intercession or by the Rural House, will no longer be able to exercise after the purchase made by this House. Those who will claim the right to the estates thus bought, will only be able to exercise against the House of Rural an action for the value of the estate and the damages that would be due to them. This action shall be prescribed within five years of the possession on the basis of the act of sale. The prescription will begin to flow against minors, prohibited, those put under the judicial council, married women in terms of dotale buildings, according to the provisions of common law. The Rural House has in turn the exercise of the action under warranty against the seller of the property. + Chapter 2 Purchase conditions + Article 18 For the facilitation of the plot works of rural properties will be made lots of a uniform stretch, preferably of 5 hectares. The Rural House will be able to reduce lots and under 5 hectares. A peasant, however, will be able to buy several lots, up to the total area of 25 ha. These lots will have to be joined in order to form a single body, except when the administration of the Rural House will find it appropriate that these lots must be separated in the interest of the buyers. Buyers of a lot will be preferred to those of several lots. Between buyers of several lots will be preferred those who want to buy fewer lots. + Article 19 Buyers will have to pour directly to the Rural House, at the making of the sale-purchase act, which would be achieved through its intercession, part of the price that will be 15%. The Rural House will be able to reduce the above payment altogether, if it were a manifest hindrance to the purchase of lots by the villagers, taking other guarantees besides the mortgage or privilege. + Article 20 Between the willing villagers to buy lots, the Rural House will prefer at equal price as follows: a) The villagers who have graduated from any school of agriculture and who live in the commune to which the property that is sold belongs; b) Fosts mobilized in the uprising of 1916-1918; c) Widows and children of those mobilized, if they live in the commune to which the property is sold, or in the neighboring communes at a distance of no more than 5 km; d) The villagers of the same commune who do not possess land, or possess less than 5 hectares. + Article 21 The forests that will be on the estates that will be bought through the intercession or the Rural House, will be bought by it to resell to the State, villages, communes or when the stretch passes 100 ha, in the indivision of obsti, without the state of indivision to Ever stop Forests acquired under such conditions will be subject to the forestry regime. + Article 22 When the estate was found to be helestae, balti, die or herestrae that the peasants would not or would not understand among themselves to administer, they would sell by public auction to the cooperatives of villagers, rural communes, or in the absence thereof, Individuals. + Article 23 From the price that will be resulting from the resale as a land of culture of the places where there were helestae or puddles, which will be dried up by the commune in the account of the peasants, will be deducted more intaiu the draining expenses, and the rest will be shed to the Rural House, to to extinguish or decrease the mortgage debts contracted to it by the peasants for the purchase of their beds. + Article 24 At each purchase of estate the Rural House will be obliged to collect the Ministry of Agriculture and Domains about it, in order to pray within a maximum of one month if it needs a stretch of land or a construction located on the estate. The construction that will be needed for a public service will be able to be bought by the State, county or commune. + Article 25 If the buildings and installations of a estate were not necessary for the above destinations, or could not be usefully used by the peasant associations, they will be able to sell by public auction, either alone or constituting themselves. around them a lot in the stretch of maximum 50 hectares. These lands under no circumstances will be able to be made up of impropriety lots. The sale will be made by public auction at the court of the building or at the headquarters of the Rural House. The sale will not be carried out until after 30 days off from the publication for sale in the "Official Gazette" and after its display at the same time at the city hall of the building. The sales publication will show the location of the property and the price from which the bidding begins, as well as the day and time of the auction. The sale price will be put up by the adjudicator, either in full, or it will be paid by annuities, after the decision of the Board of Directors mentioned in the sale publication. The sale remains final, either at the deposit of the price or at the filing of the annuity, in case the Rural House would agree that the payment of the price should be made through annuities. The adjudication ordinance is not subject to appeal in cassation. In these cases the State will be able to exercise its preemption right according to the agrarian law + Article 26 At the plot of any estate, the Rural House is obliged to address the village and commune of the building, if it understands to buy a necessary stretch for the establishment or completion of the communal Islam with the price fixed by the Rural House and which does not will be able to be higher than the price with which the accounts will be sold for the impropriety of the Rural House of aceeas estate. If the village and commune will not respond in 10 days from the communication, or if they do not make the purchase within one month of communication, the Rural House will be able to plot and sell the property in the conditions of this law. + Article 27 Loans made to the communes for the purchase of islates, or for the isles sold through the Rural House, will be guaranteed by a mortgage in Tier I, and the income of these islazes will be entirely and by right affected to the payment of annuities loans, without the communes being able to give another destination, nor for their creditors to be able to follow them. In case of failure, the commune will respond with all its other income. + Article 28 The Rural House will be able to borrow with mortgage and in the second rank the communes that to set up or complete its isates would buy estates or parts of estates that are mortgaged to Rural Credit or Agricultural Credit companies and which would be repaid. borrow from the Rural House only with the amount that must actually shed the seller, over the amounts due to the above companies. In such a case, the Rural House will not be able to make the loan until after it has been ensured that the above credit companies have consented to the division of the mortgage, specifying the amount guaranteed in the communal source in favour of this company. + Article 29 The communes will pay the price of the isles to the Rural House in the same way, to the same era and in the same conditions in which the peasants will pay the price of the lots bought by the Danes. + Article 30 If the communes do not pay the annuities in time, the Rural House will be able to ask the respective financial administrations for these annuities or annuities to be paid directly from the communal fund, as well as from other income of the the communes collected by the perceptor. + Article 31 At any plot of estates, when it will be necessary, the necessary stretch for the village hearth will be provided, counting 2,000 square meters for each family head. When the number of lots will be more than 100 and nine groups of houses that would build will not be able to join one of the villages, hamlets or one of the existing communes, which would be located in a distance of more than 6 km., a new village will be established. or commune and will provide in the village hearth the necessary stretch for the town hall, church, school and roads, as well as at the workplaces, a lot for the church and cemetery of 9 ha and a lot for the school, whose stretch will be calculated on the basis of 6 ha for 100 families. The value of the land destined for the church, the school, the town hall, the roads and the places reserved in the village hearth for the church and the school will be charged to the peasants, in proportion to the price that each owes for its lot of the house that would be reserved in the hearth of the village, paying it in the same term and under the same conditions as the rates owed by each of them. + Article 32 Lots for the church and school, in the expanse shown in the above article, will also be provided for the existing communes that would have no places in their contents for such destination. In such case the annuities will be paid by the commune. + Chapter 3 Mandatory provisions for the buyer + Article 33 The lands acquired through the Rural House will not be able, until their final acquittal, to be leased only with the consent of the Rural House, which will be given only in case of impossibility of the owner to cultivate them. No land acquired through the Rural House can be leased only to Romanian citizens, manual land workers. The contracts of those who will be taken into lease such lands without the consent of the Rural House are void of law and the Rural House can always invoke the nullity of these contracts for the removal of the tenant. + Article 34 The peasants are obliged to establish their dwellings in the commune, the hamlet or the village where the lots they bought are located, within 3 years from the date of their possession, outside only if they do not have their dwellings at a distance of less than 10 km. If the peasants do not comply with this bond, the Rural House, after 2 years from the era when they became owners, will invite them through an extrajudicial summons to settle on their places, under the punishment of being dispossessed within for a year. This past term, the peasants who will not be established will be dispossessed without delay or judgment, but only by simple administrative path. The Rural House will return to the peasants the amounts that paid for the purchase from the price of the estate and the amounts paid by depreciation, after all the amounts that they owed under any title will be retained. + Article 35 Through the mortgage act that constituted the Rural House, the peasants will be obliged to contribute to the improvement of the earth's culture, cultivating artificial fanettes, vegetables, beets or textile plants and to submit to the conditions of culture determined by the regulation. + Article 36 The peasants will contribute to the establishment of associations for the purchase of agricultural instruments, breeding animals and seeds, as well as for the sale of their products jointly. + Article 37 Lots bought by villagers according to the present law will be able to be mortgaged according to the same rules as the lots acquired according to different agrarian laws. + Article 38 The peasants will not be able to give concessions to the exploitation of the basement except with the consent of the Rural House and after the rules established by it. + Chapter 4 Sales and purchases of estates by the Rural House + Article 39 The Rural House will be able to buy rural properties to be sold in batches, paying them either by issue of rural vouchers, according to art. 44 44 below, either in cash or by both means. + Article 40 When the Rural House would buy at the public auction an estate to resell it in batches, it will have the faculty to deposit in price, instead of cash or public effects, a statement of the Direction as soon as the adjudication ordinance will be left. final, will fully pay the price with which he bought the property. + Article 41 If the sale of a property will not be found buyers of small lots, the Rural House will be able to sell in lots of a stretch up to 25 hectares the remaining part unsold to the peasants. These latter lots will be able to be sold with auction held at the headquarters of the Rural House, with the condition that the buyer has no other property of more than 25 ha and cannot buy more than two lots each of 25 ha. The purchase of these lots will be given preference to graduates of higher agriculture schools. Buyers of batches of 25 ha will have to shed 50% of the price of their lots. + Article 42 The price with which the Rural House will sell the purchased estates will not be able to be more than 20% above the purchase price, except when the Ministry of Agriculture and Domains would consent to the fixing of a higher price. + Article 43 All the dispositions provided in this law regarding the estates bought by peasants through the intercession of the Rural House, will also apply to the estates bought by the Rural House and sold to peasants. + Chapter 5 Issuing of rural vouchers + Article 44 The Rural House will issue, according to art. 4, paragraph g, rural bearer vouchers, producing an annual interest fixed by the Board of Directors, vouchers paid by semi-annual draws. The amortization deadline will be the same for all debtors included in the same act and will not pass 30 years. The issue of rural vouchers will not go above the value of the claim guaranteed by privilege or mortgage that buyers constituted. The price advances made by lotto buyers before the rural voucher show will fall from the show's value. Buyers of lots will be required to pay cash the portion of the price paid in cash by the Rural House. For the part of the price paid by it through the issue of rural vouchers, the buyers of lots will have the faculty to pay it either in cash or in rural vouchers on the nominal value of the same type as those issued and paid to the sellers. Payments will also be made in advance. Payments through rural vouchers will not be possible, however, until after paying the price paid in cash. + Article 45 Rural vouchers issued in accordance with the first paragraph. from under art. 44 will be used on the data stipulated by the sales documents, by the orders of adjudication or by any other arrangement. + Article 46 The vouchers issued by the Rural House will be guaranteed by the buildings that were mortgaged and by any other fortune. They will be received as a guarantee at all public houses, under the same conditions as the effects guaranteed by the State. + Article 47 The maturity of the coupons of rural vouchers will be on 1 January and 1 July of each year. The drawdowns of the amortized vouchers will take place 2 months before the maturity of each coupon. + Article 48 The buyers of the lots are obliged to pour the Rural House on May 1 and at 1 Noemvrie of each year the following amounts: a) Interest stipulated in the act; b) Depreciation calculated by the number of years in which the buyers were obliged to extinguish the debt contracted by them; c) Alocations provided for in the Regulation for administration expenses that will not be able to be more than 1% per year on the amount borrowed. Stamp duty and proportional tax will pay half the seller and half the buyer. If she is paid entirely by the Rural House, the buyers will return their share in the first 5 years through half-yearly installments and with the payment of the above-shown rates. + Article 49 At the making of the act the borrowers will pay the interest, depreciation, stamp and registration fee, parcel expenses and others, for the entire semester in progress, i.e. from January 1 to June 30, or from July 1 to 31 Decemvrie, and the vouchers rural will be remitted to those in law with the coupon whose maturity is the nearest. + Article 50 The annual rates of loans contracted by the communes for purchases of communal isles will be entered by the public authorities ex officio and obligingly in the budgets of those communes. + Article 51 In case of non-payment on time of the amounts due, the debtors will pay a 2% interest rate of delay over the interest fixed by the acts. + Article 52 The coupons of rural vouchers that will not have been presented for payment are prescribed within 5 years of their maturity, and the rural vouchers out of place, after ten years from the publication in the "Official Gazette" of the lists of draws. Rural vouchers and their coupons will be exempt from any kind of tax and mobile tax. Rural voucher detentors who do not have more than 250,000 lei in their patrimony, in nominal value, will be exempted from the obligation to declare them to the global tax. + Article 53 The provisions regarding the manner and proportion of the pieces of rural vouchers to be issued, the way of cancellation of the securities issued and the other details will be provided in the statutes. + Chapter 6 Provisions relating to the transmission of lots + Article 54 Small lots bought through intercession or from the Rural House will be transmitted through sales, donations, successions, will or any other way of purchase, in the conditions provided by the law of the movement of rural goods. The broadcasts of these lots made before the promulgation of the present law against the restrictive provisions of the Law of the Rural House of 17 May 1908, whether by acts between the vineyards, whether by will or successions, will be valid if they have taken place between The villagers and the papers will be executed in fact. + Article 55 The impropriety or mosnian cultivator peasants will be able to wear out the Rural House credit to sell or buy, either for merging or for exit from the indivision, part of their property, and the value of the part sold or bought will be decreased from the price of the lots acquired from the Rural House according to this law A management regulation will show the modalities of this operation. + Chapter 7 Administration, Directions and Government Commissioner + Article 56 The board of directors will consist of nine members, of which: an adviser to the high Court of Cassation and Justice, appointed by royal decree after the proposal of the Minister of Agriculture and Areas; three members appointed by royal decree, also after Proposal of the Minister of Agriculture and Areas; three members elected by the general meeting of the shareholders, and the other two will be rightful: a delegate of the National Cooperation Office and a delegate of the National Bank of Romania, appointed by the Council of their administration. The term of office will be four years, and he can be renewed. The mandate of the delegate of the National Office of the Cooperation and of the National Bank will be preserved only as long as they have the status of members of the Board of Directors of these institutions. Also the mandate of the member of the High Court of Cassation and justice will not be preserved until as long as it is in operation. + Article 57 The managing director, directors, sub-directors and staff of the Rural House shall be appointed and revoked by the Management Board. The Director-General, directors and sub-directors will not be able to be members of any of the Legislative Bodies, nor occupy any other public service or serve on the Board of Directors of Rural Land Credit or Credit. Agricultural, or to do any trade; they also cannot be part of the Board of Directors of the Rural House. All retributions will be fixed by the Board of Directors. + Article 58 The Board of Directors will be able to delegate some of its duties to a steering committee composed of the Director-General or its deputy and two members of the board. + Article 59 Rural House operations and rural voucher issues will be overseen by a council of three censors, of which two will be appointed by the State, through the Ministry of Agriculture and Domains and one will be chosen by the general meeting of shareholders for the term. two years. + Article 60 The government will exercise its control over the operations and walking of the Rural House by a Commissioner appointed by Royal Decree after the proposal of the Ministry of Agriculture and Domains. + Chapter 8 About the Reserve Fund and Benefits + Article 61 Of the annual net benefits, it will be retained: 10% for the creation of a reserve fund; a first dividend to shareholders of 6% on the paid share capital. Of the rest: 8% to the Board of Directors; 3% to the Direction after the distribution made by the Board; 2% to the House of Pensions of Officials; 10% to the officials, after the appreciation of the Board of Directors for the services brought by every society. The remainder will be distributed as the second dividend, reserves and fund of improvements, by the general meeting, after the proposal of the Board of Directors. + Article 62 The reserve fund will serve on the return of capital in case of loss. The reserve fund will be used in the purchase of public effects of the State or guaranteed by the State, land writings. The income of the reserve fund will serve to increase this fund. + Article 63 The improvement fund will serve to relieve the lands bought through the intercession of the Rural House. + Article 64 The statutes of the Rural House made by the government after the principles of this law will be sanctioned by royal decree and will apply from the date of their publication in the Official Gazette. They will only be modified after the proposal of the Board of Directors, ratified by the general meeting of shareholders and approved by the government. + Chapter 9 About actions and pursuits + Article 65 The requests made by the Rural House, either by contentious or graceful, will be resolved urgently. The securities of any nature in which the Rural House appears either as a plaintiff or a defendant, shall be judged by the court of jurisdiction in the constituent of which the Rural House has its seat and branch. + Article 66 Judges will not be able to grant any term for the payment of the company In case of non-payment of the receivables and for their realization, the Rural House has the faculty either to wear out the path of common law or to comply with the provisions below. + Article 67 The Rural House retains all the rights and privileges granted to it by this law and in the case when for the realization of the claims it will wear out the common law procedure. + Article 68 The sale of the buildings will be made only according to the provisions of this law. When the same building will be prosecuted by the Rural House and other creditors, joining the public prosecutions, the execution will continue according to this law. In no way can the pursuit made by the Rural House be postponed under the word that there are other ongoing pursuits. + Article 69 All acts and contracts concluded by the Rural House with book-knowing persons, even those acts for which the law requires authentic form, can also be made under the signature of the representative of the Rural House and with its seal, will have force The proof of a genuine act. Those acts can be executed after the simple reasoned request of the Rural House, either by the court of its headquarters, or therefore of the situation of the property or the pledge, without the need for an enforceable investment of the act. The transcript and registration of the documents in the respective registers will also be able to be made and only after the simple written request of the Rural House, to the court or the competent authority and without the need for the appearance of the parties, and this even in the case of acts concluded with non-book persons, when they, however, through the authentic acts concluded, conferred as the Rural House. + Article 70 Copies released by the Rural House from the acts concluded with it and those in its preservation and certified by the President of the Board of Directors or by the member holding his place and by the Director General of the Rural House, or by those who, according to the statutes, will exercise its powers, have the probative power of the children freely contradictory by the courts or public notaries, on the original. + Article 71 The cessation of the debtor's life, bankruptcy, loss of capacity, absence or concordance, do not stop the Rural House from pursuing its demands on the basis of the present law, by executing furniture or real estate. The formalities will be fulfilled in the name of the succession in the person of one of the successors, after the election of the Rural House, at the domicile chosen in the acts concluded, or in the person of the legal representative of the debtor at the The only bond of the Rural House is to make it to be deposited at the Cassa de Depuneri and Consemnations the price primer, at the disposal of the one in law, after it is fully compensated. All damages that will result from the sale of the pledged or mortgaged goods to the Rural House will be the responsibility of the debtor, without the Institution being able to be subject to any risk in this regard. The transfer of the property of the property, the registration of a real right or a process note made after the enrolment of the mortgage or the privilege of the Rural House, does not prevent it from pursuing its claims under this law, and the detente The unencumbered good will only be put in question if it has been accepted in writing as such by the Rural House. + Article 72 The Rural House will have the right to benefit from the provisions of this law and with regard to the real estate execution of the chirographic claims, the present law also applying to the executors of any kind, required by the Rural House and pending before the courts court, at the date of its promulgation, which will continue from the stage in which they are found with the application of this law, for all subsequent formalities. The presence of a party in the prosecution court shall cover any proceedings. + Article 73 In case of delay on the part of the debtor, the Rural House has the right to ask the president of the court of the property of the property or of the one chosen by the parties by act, its implementation in the possession of the unencumbered property, with the expenses and at the risk of Delay. The court is obliged that in three days from the request to summon the debtors through the office of the porters to pay their debt, making them known as in case of non-payment, the Rural House will be put into the possession of the encumbered property, and if the debtor does not pay the duty in ten days from the notification, the court, without any other formality, will declare the Rural House put into possession of law and in fact of the building encumbered. The Rural House is not obliged to respect the contracts that have the object of use of the property and are posterior to the inscription of its act, only if they have been accepted in writing by it. The Rural House will be able to conclude such contracts by public auction made in its place for a maximum of five years, by way of derogation from the provisions of the agrarian law of 1921 and its regulation. As long as it takes possession, the Rural House will collect the income or value of the crops that would be on the property, whatever the opposition. From the products of these revenues will lower the rights of the treasury for no more than 3 years delayed, the expenses of possession, those made for the fund administration and the payment of annuities or interest, and the rest will be held without no interest at the debtor's disposition. All risks and dangers that may arise from the possession of the Rural House will be the responsibility of the debtor. + Article 74 In case of non-payment of an annuity or interest rate and whenever for the cause provided for in law, statutes or contract, the full capital will become chargeable and the Rural House will have the right to pursue the sale of the property or buildings the debtor. For this purpose, the Rural House will make the debtor recognized by it in writing, at the home chosen by the loan act, a summons for the payment of the amounts due with their percentages and expenses. The summons will be notified by means of the port body. Immediately after the notification, the Rural House will be able to ask the court of the building, the transcript of the notice in the register for the passage of the In the lands with funduary books, the Rural House will ask the court for the transcript in the funduary book of the ordered pursuit. From the moment of transcription of the tracking notice, the building is hit by unavailability and whatever the tranactions that would follow the transcript, they will not be opposable to the Rural House and the pursuit will continue only to the person of the unemployed debtor. The unemployed will produce its effect until the debtor will be paid in full at the headquarters of the Rural House all the amounts claimed, not subject to the perimation, even if it is not followed by other acts of execution. + Article 75 If within one month from the receipt of the unemployed the debtor will not pay at the headquarters of the Rural House the amounts claimed, the Rural House will be able to ask the court of the building or the one chosen by the parties by contract to sell the property. For this purpose, the Rural House will join in addition to its request, the original of the pursuit of the notice and the proof or the minutes of its surrender, and the tribunal will give the House of Rural Children legalized from these acts and they, in the case of the disposition of the original, They'll hold the original. + Article 76 No later than three days after receipt of the application, the court will order the sale of the following property. The sale will be made two months from the day of publication in the "Official Gazette". The publication of the sale in "Official Monitor" will include: a) The mention that the sale is made according to the request of the Rural House; b) The nature of the building, the district, the net and the commune where there is located and two of its neighbors or its indication according to the land registers with the topographic numbers where it exists; c) Name and pronouns of the wanted debtor; d) Place, year, day and time when the sale is to be made; e) The amount from which the auction begins. + Article 77 Three publications with the same content will be made, one of which will stick or display at the door of the village hall of the village of the good followed, another at the door of the court of the property followed, finding the sticking or displaying of both minutes signed only by the respective court agent, and another will be handed over to the debtor at the home chosen by the act, according to the rules of procedure. Mortgage or privileged creditors, prior to the transcript of the Rural House summons, will also be handed one such publication at the home of their choice by the application for inscription or transcription of their act. The publications will be signed by the president of the tribunal and the portarel. Apart from the formalities provided for in this law, it cannot be applied to the forced sales required by the Rural House no other provision of the Code of Relative Civil Procedure to forced sales. The remission of the publications for sale to any creditors or privileged will be made after the showing of the Rural House, accompanied by a certificate of tasks on 15 previous years, emanating from the Registry of the court of the property located or from the court by the funduary book. + Article 78 The day fixed for sale in a pursuit required by the Rural House will not be able to be postponed to the connections that would be made with other pursuits. If because of another pursuit than the Rural House, even after the connection, it could cause delays, the sale required by the Rural House will continue discontinuing from the related pursuit. The cries will begin from the price shown by the Rural House in publishing. If after three shouts, which will be repeated from 5 to 5 minutes, no one will give a higher price than the one offered by the Rural House, and it will ask for the adjudication on it, the court will be obliged to adjudicate on it the property on the offered price. If there are several competitors, the tribunal will be obliged to adjudicate on the one who at the latter call will give the highest price. In both cases, however, the Rural House will have the right, if I will and if the other creditors present do not object, to ask that its good not to adjudicate, fixing a new deadline that the tribunal will fix even in court, giving notice to the parties. present, without making any more publications, than one in the newspapers spread, either in the capital or in the city of residence of the court before which the good is sold, or in case of lack, in such a newspaper dintr'o locality close. That publication must appear at least 20 days before the new deadline and it can be sent for publication directly by the Rural House, without the intercession of justice. + Article 79 At the new term will be carried out the shouting as at the first, the good having to be adjudged on the Rural House or on the person who will give the highest price. + Article 80 The adjudicator will subscribe the minutes of the adjudication and if he does not or will not be able to subscribe, mention will be made of it in the minutes of the meeting. They will not be received as auctioneers at the adjudication of the buildings pursued after the request of the Rural House than those who will be deposited at the House of Submissions and Consemnations, or directly to the court, until the start of the auction, either in cash or in land scrips or in effects of the State, counted on the course of the day, the 10th part of the price fixed by the Rural House. This guarantee will be kept by the Tribunal until the order of adjudication is issued. The Rural House is exempt from such a guarantee. + Article 81 After the adjudication, the Tribunal will make it known to the present that the overbidding will take place in eight days, without any new publication being made. During these eight days and on the day of overbidding, any person capable will be able to outbid, if he will provide at least 10% above the price with which the good adjudicated. The outlicker will declare his will to outbid, by an application to the Tribunal, signed by him, and to which he will also add the 10% surplus in cash, land writings or effects of the State on the course of the day. The Rural House is exempt from the submission of this adaus, as a guarantee. If there will be more overallicers, who have deposited the guarantee required by the previous alignment, the good will be definitively adjudicated on the one who will give the highest price at the third call. The minutes of final adjudication will be subscribed by the adjudicator and the President of the Tribunal. If it is not offered by overbidding, the building will be definitively adjudicated on the first adjudicator. + Article 82 No later than 15 days from the final adjudication, the adjudicator is obliged, whatever the appeal that would arise, to pay to the Rural House, at its headquarters, all the amounts due in the account of his claim, or if the Rural House should receive only a portion of the total amount due and to recognize the adjudicator as its debtor for the rest, in the conditions agreed by the parties, then only the amount claimed. In this last case the building will not be purged and the claim of the Rural House will be maintained for all the remaining amount due, according to the convention that will end with the adjudicator and which this will file with the court with the petition to deposit the price and with the receipt of the Rural House, finding the payment of the amount claimed. The rest of the total price of the adjudication will be submitted within the same period as the deadline at the House of Submissions, and the finding receipt, that finding the payment of the registration fee and the fee for the issuance of the ordinance will be submitted within the same period of 15 days at the Tribunal, the adjudicator being fully discharged by payment and the filing made in this manner. + Article 83 If the adjudicator does not submit the price within the deadline and in the fixed mode, the property will be put up for sale again; at the new deadline the sale will be held without there being overbidding, and the building will be adjudicated on the one who will give the price the highest at the third outcry, without the former adjudicator being able to compete. The publishing formalities will be the same as for the first term, but the interval between the publication of the publication in the "Official Gazette" and the bidding deadline will be only 15 days. By the minutes finding the outcome of the bid, the tribunal will sentence the former adjudicator to the loss of the amount deposited as collateral and which will be attributed to the Rural House on account of the expenses incurred and its debt and the payment of the difference up to the price of the first adjudication with legal interest in acquittal. This conclusion will be final, not subject to either the opposition or the call. + Article 84 After the regular deposit of the price by the adjudicator, the tribunal will issue the adjudication order in its name, reproducing in that ordinance in summary all the operations carried out from the beginning of the real estate If the adjudication is made on the Rural House in the account of the price, it will submit its claim to be found by the loan act and by the accounts concerned by its direction. In the event that the Rural House will be creditor in the next rank to other creditors, this deposit of its claim in the account of the price will be made evident only after the coverage of the claims that it perimates. + Article 85 The adjudication order shall not be subject to appeal other than to the appeal in cassation, according to the common law. All the provisions of the common law regarding the distribution of the price for cases when there will be other creditors are applicable to such sales. + Article 86 When goods located in the land where there are funduary books will be put on sale, the Rural House will have the right to put them on sale, either before the court of its headquarters, benefiting from the provisions of this law, or before the court that holds the funduary books of the mortgaged property and in such cases will apply the provisions of art. 90-96 of the law for the organization of Rural Land and Agricultural Credit, published in the "Official Gazette" No. 183 of August 20, 1929. + Article 87 For the constitution and sale of the gajes of any kind in favor of the Rural House, it will have the right to use either the common law or the provisions of art. 14-18 inclusive, as well as by the other provisions, regarding this matter, from the law for the organization of Rural Land Credit and Agricultural Credit, published in the "Official Gazette" No. 183 of 1929. The application for execution will be directed in the above cases, either in the constituent of which the pledged good is located, or the same chosen by the parties by the act of formation of the pledge. + Article 88 The Rural House will have the right to ask, on the basis of the bills maturing and protesting, to the court competent, after the value of the cambia, to order the signatory debtors, through an injunction addressed through the body of the porters, to make the payment of the claim within three days at her cashier's. Debtors will be able to appeal this term to the competent court. The appeal will be motivated and accompanied by all the acts of which the party will be served, under the sanction of being considered as null and void effect. She will judge herself urgently and especially in the Board Room. The decision will only be subject to appeal. The court will be able to grant an insurer seizure of the debtors ' wealth, if they did not record the value claimed by the Rural House. If no appeal has been made within the period, or if it has been rejected, the cambia will have the effect of a final sentence, which will be executed on real estate, according to the rules of procedure established by this law. + Article 89 The areas fixed in this law in hectares will be counted in cadastral jugation in the regions where the jugar is counted as a unit of legal measure. + Article 90 The law for the establishment of a Rural House of 1908 is repealed. Desbaters: Room No. 50-1929/30; Senate No. 28-1929/30. Voted by the Assembly of Deputies on 2 May and by the Senate on 7 May 1930. -------