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Law No. 1,184 Of 4 April 1931

Original Language Title:  LEGE nr. 1.184 din 4 aprilie 1931

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LEGE no. 1.184 1.184 of 4 April 1931 on the measurement, merging and plot of land of the inhabitants of the inhabitants of Bessarabia under the laws of 13 June 1874 and 19 Fevruarie 1875, in the indivision
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 82 82 of 8 April 1931



CAROL II, Through the grace of God and the national will, King of Romania, To all present and future, health: The legislative assemblies voted and adopted, and We sanction what follows: + Chapter 1 General provisions + Article 1 The lands with which the settler and domain inhabitants of Bessarabia were impropriety by virtue of the law of 13 June 1874, amended and supplemented by the law of 19 Fevruarie 1875, the lands in the indivision, either with each other or with the goods what are the "Fund of Bessarabian buildings", created by the law for agrarian reform in Bessarabia of 13 March 1920, or with any other properties, will measure, compress and plot, according to the provisions of this law. + Article 2 The area of land due to each inhabitant who has right to the ground on the basis of the laws of 13 June 1874 and 19 Fevruarie 1875, will be established on the basis of the roles of 1874-1875 and of the property titles, having in mind and the factual situation of each village. It consists of: a) The place of house that possesses in the hearth of the village, gardens, vineyards, orchards or plantations belonging to him personally and for which he has a right of tolerated possession; b) The rest is from the culture field until the completion of the total extent to which it is due. + Article 3 The finding of the rights due to each inhabitant will be made by a Commission presided over by the judge of the respective detour, which will also include the mayor of the village or a delegate of his member in the communal council, the communal secretary and two inhabitants designated by the inhabitants before the judge at the time the Commission was established. This commission will draw up a painting comprising all the inhabitants who own land from the one coming through the impropriety made on the basis of the laws mentioned in art. precedent, with the showing of titles on the basis of which they possess, without taking into account the changes resulting from the application of the agrarian reform law. + Article 4 This painting will be displayed on the door of the respective town hall for 15 days, bringing this by the mayor to the attention of the inhabitants through shouts and drumbeats. On the expiry of the 15 days, the mayor of the commune, or his legal deputy, assisted by the secretary, will conclude a report in double copy, in which the day will be mentioned in which the display of the painting was made and that there were shouts and drumbeats. The picture thus drawn up, together with a record of display, will be sent to the president of that tribunal. + Article 5 All those dissatisfied with the data recorded in the picture made up, according 3, will be able to appeal by a written request addressed to the president of the respective court, no later than 15 days from the date of display specified in art. 4 4 of this law. The non-introduction of such a request makes for all interested parties the picture drawn up in accordance with Precedent, without any other remedy. In this case, the president of the tribunal, through a journal, will comply with the painting immediately communicating this respective city hall + Article 6 In case when against the picture drawn up, according to art. 3 of this law, appeal has been appealed, the president of the tribunal will immediately fix the court term, before the tribunal. No later than three months after the date of introduction of the appeal, the tribunal will pronounce its decision, specifying the changes that may be made to the painting specified in art. 3 3 of this law. The decision will be made by taking care of the court Registry no later than one month from the date of the decision of the respective village secretary which, within 5 days from the reception, shall forward it to the interested parties, under the proof, in which it will Mention the surrender date. The proof of delivery will be sent by the communal secretary on the same day to the tribunal, to be attached to that file. + Article 7 Those dissatisfied with the decision of the tribunal will be able to appeal to the Court of Appeal, within one month of communication. The appeal will be filed at the court clerk. + Article 8 The court of appeal will judge the appeal in particular and finding it founded will evoke the fund, judging as a last resort. + Article 9 The decision of the Court or the sentence of the court remaining final by non-appeal with appeal will be sent, through the respective graft, to the City Hall, to modify the picture mentioned in 3, in accordance with these decisions. + Article 10 Copy after the final picture will be submitted urgently by the city hall to the framework of the cadastre, which will order the execution of the work of measurement, comasation and plot. + Chapter 2 Execution of technical works of measurement, comasation and plot + Article 11 The delegate of the cadastre responsible for the execution of the technical works of measurement, merging and plot of the land in the indivision in a village, will fix, the date of the start of the works on the ground and will order through a collective knowledge, the call all interested parties, in determining the decisions: the town hall of the village, the neighbors, as well as anyone who has any right of any nature. + Article 12 The collective knowledge will be personally signed by the delegate of the cadastre direction and will include: the name of the village on whose territory the land is in the indivision, the year, the month, the day and the time fixed for the start of the works, when the parties called will depict in the town hall, bringing all the plans or acts that will have and on which they support their demands. This knowledge will be sent at least 15 days before the day of appearance, both to the secretary of the village and to all the secretaries of the neighboring villages, who will display it on the doors of the mayoralties, bringing this also to public knowledge by shouts and drumbeats on the first Sunday preceding the day of appearance. The collective knowledge will remain displayed for 10 days and upon the expiry of this term the secretaries of the villages will conclude a minutes of finding the views. These minutes will be sent to the secretary of the village on whose territory the land is in the indivision, to be handed over to the cadastre delegate. The existence of the minutes of finding the views on the file of the work, makes complete the proof that the interested parties were regularly called. + Article 13 Once the work begins, the interested parties will be able to follow them on the ground until their completion. + Article 14 The delegate of the Cadastre, based on the presented documents, the information taken, the declaration of the parties and in their presence, will you to assist, will choose, agree with them, on the ground, all the boundary points that will be figured out also on the plan. In case of misunderstanding, the Cadastre delegate will choose the boundary line on the limit of the current possession. The Delegate of the Cadastre will then draw up a report of the beginning of the work, in which it will find the fulfillment of the procedure of the call of the parties, the documents and the plans presented and how the operations of the choice of decisions have gone + Article 15 After the end of this operation, the delegate of the Cadastre will proceed to the execution of the technical works of measurement, both of the general perimeter and of all the interior details, after which he will address a second minutes, in which he will find: the area of the land measured, both in total and in part, by categories of land use, as well as the borders, in detail, about each neighbourhood. + Article 16 One copy of the minutes referred to in art. 14 and 15, together with a copy of the plan, will be sent by the delegate of the Cadastre, both to the secretary of the village and to the secretaries of the neighboring villages, who will immediately display them on the doors of the mayoralties, for 10 days, bringing to the attention publish by shouts and drumbeats. Upon expiry of the display deadline, the secretaries of the villages will conclude the minutes of the finding of the display, of which a copy will submit it to the delegate of the Cadastre. One copy of the works concluded by the delegate of the Cadastre, together with the high plan and with the evidence of finding the views by the secretaries, will remain on file. + Article 17 All those dissatisfied with the work of measurement and choice of decisions will be able to appeal to the court of law on which the village whose estate is divided depends, within 15 days free from the expiry date of the term of display of the minutes of the delegate of the Cadastre to the city hall, whether the work was done in their presence, or that they were missing. + Article 18 The appeal, made in duplicate, will include the name, surname and domicile of the objector and will show all the reasons for the appeal. It will be accompanied by all the documents, in copy or original, of which the objector wishes to serve. + Article 19 The judge of detour, in no more than 10 days from the receipt of the appeal, will send a copy to the Framework of the Cadastre, to which he will make copies of all the respective works, as well as a memo of how the work was done. After receiving the latter works will fix the court term and will order the citation of the parties, pronouncing the decision, within a maximum of two months from the receipt of the cadastre's works. + Article 20 The objector will be quoted at the home shown by appeal; the Framework of the Cadastre, at its headquarters in Bucharest; and all the others, who could have any interest, through a collective knowledge. This collective knowledge will be sent, at least one month before the day of the appearance, both to the secretary of the village to whom the measured land belongs, and to all the secretaries of the neighboring villages, who will immediately display it on the doors of the mayoralties, bringing this to public knowledge through shouts and drumbeats. The collective knowledge will remain displayed for 10 days, and at the expiry of this term, the secretaries of the villages will conclude a minutes of finding the views. The minutes by which the secretaries find the display, will be sent by them, at least 10 days before the day of the appearance of the court of the court, which will attach them to the file of the appeal. The existence of these minutes on file makes full proof that the interested parties were regularly called. + Article 21 The detour judge will judge the appeal, relying on the evidence presented to him, being able to do research or order the verification of the measurements. The verification will be done by two experts, namely: a cadastre delegate and an engineer chosen by the objector. In case of divergences between them, the judge will automatically designate a third expert engineer. + Article 22 Introduction of the appeal over the term fixed to art. 17, will have the effect of her annulment. + Article 23 The decision will be drafted in no more than one month from the ruling and will be sent to the secretary of the village, to hand it to the parties, according to the norms provided in art. 6 of this law, and the direction of the cadastre, through the prefecture of the Capital Police + Article 24 Those dissatisfied with the decision of the court will be able to appeal to the court within one month of communication, according to the norms provided in art. 7, and the appeal of the appeal will be made according to the prescriptions provided in art. 8. + Article 25 The sentence of the tribunal, or the decision of the court left final by non-appeal with appeal, will be sent by graft to the direction of the cadastre for execution. + Article 26 If after the final measurement, a total area smaller than that provided for in the picture referred to in art. 10 of this law, will reduce proportionally the area due to each. If, however, a larger area will be found, the extra difference will remain the property of the respective village hall, with destination either for afforestation or for the increase of the village hearth, or for the impropriety of those deprived of land, to whom they will be sell with a bent price than that fixed in the locality for expropriation carried out on the basis of the law for agrarian reform in Bessarabia of 13 March 1920. + Article 27 Based on the data obtained at the measurement, the cadastre delegate will draw up a painting with the names of the entitled ones, specifying the areas held by each for the place of the house in the village hearth, gardens, vineyards, orchards, forests and plantations of any nature, as well as the surface that is more appropriate as a land of culture and imas, until the completion of the total area to which it has right, according to the picture from art. 10, with the amendments made possible under the provisions of art. 26 26 of this law. + Article 28 In the communes where expropriations and improprieties were made on the basis of the agrarian reform law for Bessarabia in 1920, the delegate of the cadastre and the delegate of the county office of agriculture, taking the basic picture provided in art. 27 of this law, and the one drawn up by the commission of impropriety, will draw up a nominal painting, with the indication in separate columns, of the surfaces due to each impropriety, both on the basis of the laws of 1874 and 1875, and of the agrarian law of 13 March 1920. If after the final remaining measurement it will be found that the total expropriated area is less than that provided in the paintings of the impropriety commission, it will reduce proportionally the area due to each improprietor. + Article 29 The intangible quota fixed to the owner by the expropriation decision will not be reduced in any case, and the inexpropriable land provided for in the expropriation decisions rendered according to the agrarian reform law for Bessarabia in 1920, will be leaves in the actual surface found at the measurement. + Article 30 The land of pasture (imas), for all inhabitants within a village, will preferably be chosen near the village, or where it will find its own land for this purpose. The surface of the imas will be at least 10 percent of the arable land area of the estate, reducing proportionally this area of that due to each lotas. In the calculation of this area will not enter the quota assigned to the owner on the basis of the agrarian reform law of Bessarabia of 6 The imso thus definitively determined on the ground constitutes the common wealth of the cooperators who, according to the law for the organization, administration and exploitation of pastures, are obliged to constitute themselves in the association of grazing, within 6 months from delimitation of imas. + Article 31 The order of distribution of the lots will be determined by lot. The day and time intended for carrying out this operation will be fixed by the delegate of the cadastre and will be brought to the attention of the inhabitants by the communal secretary. The convocation will include the place, the day and time of the start of the work and will be displayed on the door of the city hall at least 5 days before the fixed term, while also announcing by shouting and drumbeats. The secretary of the statute will conclude a minutes, which he will send to the delegate of the cadastre, to attach it to the file of the work. The existence on file of the above-mentioned minutes, makes complete proof that the inhabitants were regularly called. + Article 32 On the day of the convocation, in the presence of the delegate of the cadastre, the delegate of the county agricultural office and the secretary, the inhabitants will be shouted, in the order in which they are registered in the painting provided for 28 of this law, to draw lots, in order to establish the order in which the distribution of the lots will be made. The outcry and the draw will be made, either individually or by groups of improprietors, encompassing the members of the same families, if they ask for it. For the absent residents will draw the mayor, making himself about this mention in the minutes that will end. The finding of the execution of the draw work will be done through a minutes drawn up in two copies, one of which will be kept in the archive of the town hall, and the second copy will be taken by the delegate of the cadastre, in order to attach to the file Work. + Article 33 A commission composed of the cadastre delegate, the delegate of the county agricultural office, the mayor or his legal deputy and the secretary of the village, together with the inhabitants ' delegates, considering the local situation and the measurement result, will establish a Detailed plot project of distribution of the crop field due to the entitled ones, fixing the order and the meaning in which the settlement and numbering of the lots will be made. + Article 34 The lots will be made up of one or at most two plots, according to the different qualities of the earth. The parcels will not be able to be less than one hectare. The plots will be as regular as possible, with dimensions chosen so that their width is about 1/4-1/5 of the length. The ends of the plots will be mandatory marked on the ground through natural stone or reinforced concrete terminals. The cost of the jars, including transport and thickening in the ground, will be the task of the lotto. + Article 35 On the basis of the order established by lot and the draft plot, provided for in art. 33, the delegate of the Cadastre will proceed to the plot on the plan and the field application of the portions due to the inhabitants, according to the painting provided in art. 28. + Article 36 After the completion of the execution of the plot works on the land, the delegate of the Cadastre will communicate in writing the day that will be fixed for the handing over of the lots of the entitled and who will be announced from the weather, from displays, shouts and drum beats. On the fixed day, the delegate of the Cadastre, accompanied by the delegate of the County Agricultural Office, mayor, secretary and interested residents, will transport himself on the ground and hand over to each the lot assigned to him. The lots of the absent or those who will refuse to receive them will be given to the mayor, or in his absence, to the secretary, through the minutes, which will be opposable to the respective holder. will be able to lease annually by the city hall, by oral public auction, and the income will be recorded at the expense of the holder. The execution of the teaching work will be found by a minutes, trained in 4 copies, taking a copy of the delegate of the Cadastre, one of mayor and two of the delegate of the County Agricultural Office, of which a copy will send it to the Chamber of agriculture. Children on the plot plan will be sent by the Department of Cadastre, the Chamber of Agriculture and the respective city hall. + Article 37 Based on the plot plan and the data recorded in the picture referred to in art. 28, the Ministry of Agriculture and Domains will release individual property titles. + Chapter 3 Work payment + Article 38 For the works of measurement and application of the plot the inhabitants who receive land will pay the state the following prices: a) 100 lei for each house in the village hearth; b) 100 lei the hectare for the places of vineyards, orchards of trees or plantations; c) 80 lei the hectare for lots of crop, pasture or improductive; d) 25 lei of each borna buried in the ground. + Article 39 The payment due to the state for the execution of the works will be based on the unit prices specified in precedent and will be fulfilled by tax agents, according to the state's revenue tracking law. + Article 40 The Ministry of Finance will provide the Ministry of Agriculture and Domains, the framework of the cadastre, the necessary amounts for the execution of the measurement works, the plot and the application of the plot, through the opening of extraordinary credits, redeemable from the amounts that will be charged from the inhabitants, based on art. Precedent. + Chapter 4 Final provisions + Article 41 Uncultivable places, like: rapi, plums, water mats and reeds, according to art. 11 of the law of 19 Fevruarie 1875, will be reserved on the villages that will be obliged to highlight them by afforestation or other means of exploitation. + Article 42 The area of the land occupied by the national, county, vicinal or communal roads, as well as the streets inside the villages will not come into account. For these public roads will destine the respective widths, according to the laws in force. + Article 43 The road surface between the plots will be contained in the area of the lots + Article 44 All judicial and extra-judicial documents, made in the execution of the present law, are exempt from any stamp duty. + Article 45 Mayors, administrative officials and clerks, who will not execute the duties imposed by this law, apart from the disciplinary punishment, will be punished according to the provisions of art. 190 of the penal code. + Article 46 The areas listed in the paintings to be mentioned, in this law, will be indicated in hectares and square meters. For the transformation of desetines into hectares will be considered a deset equal to one hectare and nine hundred and twenty-five sqm (1 ha, 0925 sqm). + Article 47 The exits from the indivision made definitively will be observed, with engineering plans until the date of the promulgation of the present law, either by court or by the good agreement of the local public. + Article 48 A public administration regulation will be able to clarify and complete the provisions of this law. + Article 49 All laws, regulations and provisions of the contrary to this law are also repealed. This law was voted by the Assembly of Deputies at its meeting on March 27, 1931 and was unanimously adopted by one hundred and twelve votes. President, ST. CICIO POP ((L. S. A. D.) Secretary, Pr. Stefan Cercel This law was voted by the Senate at the meeting of April 1, 1931 and was adopted by a majority of settlements and nine votes, against one. Vice-president I. CLINCIU ((L. S. S.) Secretary N. N. Botez We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. ((L. S. St.) CAROL Agriculture Minister and ad interim domains Ion Mihalache Justice Minister Dr. Voicu Nitescu -------------