Law No. 1,184 Of 4 April 1931

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

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Law No. 1,184 of 4 April 1931 measurements, collapsing and parceling of lands in Bessarabia improprietariti inhabitants on the basis of laws of 13 June 1874 and 1875 Fevruarie, 19 are in joint possession PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 82 of 8 April 1931 to CHARLES II, by the grace of God and the will of the King of Romania's national team, all from the face and future Legislative Assemblies, health: voted and adopted, and we sanctionam what follows: chapter I General article 1 Dispoziţiuni Land with which they were improprietariti inhabitants and domenieni settlers in Bessarabia by virtue of the law of 13 June 1874 , as amended and supplemented by the law of 19 1875 Fevruarie, lands that are in joint possession, either among themselves or with goods constituiesc "property Fund", established by the law on land reform in Bessarabia from 13 March 1920, or with any other properties, will be measured, merge and prescripţiunilor plot, in accordance with the present law.


Article 2 the Land Surface due to each inhabitant of the Earth what is entitled on the basis of laws of 13 June 1874 and 1875 Fevruarie, 19, will be determined on the basis of roles in 1874-1875 and the titles of ownership, taking into account the facts of each village.
It consists of: a) the place of home you posses in the hearth of the village, gardens, vineyards, orchards or plantatiunile belonging to staff and for which a right of possession tolerated;
  

(b)) the rest of what comes out of the land of culture until the completion of the total.
  


Article 3 rights proper to each inhabitant of this finding will be made by an Comisiune, orchestrated by the judge in question, from which it will no longer be part of the village mayor or a delegate of his parish Board Member, Secretary and two communal residents appointed by residents before the judge at the time of the establishment of the Commission.
This comisiune will draw up an array consisting of all the residents who own land in the coming through land reform voting done on the basis of the laws referred to in article 1. with the brightness of previous titles which possess, without regard to the coming changes by applying the law of land reform.


Article 4 this picture will be displayed on the door of the Town Hall question for 15 days, is bringing this to the attention of the residents through primary sell beats the drum.
At the expiry of the 15 days, the Deputy Mayor of or, or legally, assisted by the Secretary, will conclude a record in duplicate, it will mention the day has been displaying the painting and they did sell drum beats.
The dashboard thus compiled, together with the minutes display will be sent to the President of the Tribunal in question.


Article 5 everyone unhappy with statements made in the dashboard, under art. 3, will be able to appeal through a written request addressed to the President of the Court concerned, not later than 15 days following the date specified in the display from the rock art. 4 of this law.
Failure of such requests in order to make all stakeholders drawn up in accordance with article dashboard. the previous, without any other remedy. In this case, the President of the Tribunal, through a log, will be immediately communicated to the switchboard complies this respective City Hall.


Article 6 in the case when compiled against the dashboard according to art. 3 of this law, it was appealed, President of the Tribunal will fix as soon as the trial period, before the Tribunal.
Not later than three months after the date of the call, from the presence of the Tribunal will pronounce its decision, which is to specify the changes eventually to be made of the painting referred to in art. 3 of this Act.
The decision will be sent to the registry of the Court of first instance in care by not later than one month from the presence of the Secretary that the date of the village, within a maximum period of 5 days will receive a forward from the presence of the parties concerned under the making of proof, it will mention the date of surrender.
Offering proof will be sent by the Secretary to the parish on the same day of the Tribunal, to be attached to the dossier.


Article 7 Those unhappy with the decision of the Court will be able to appeal to the Court of appeal, within one month from the rock.
The appeal will be lodged at the registry of the Tribunal.


Article 8 the Court of appeal will judge the appeal mainly and finding reasonable it will evoke the Fund, judging from the last instance.


Article 9 the Tribunal Court verdict or managerial decision remaining final appeal through neatacare will be sent through the respective City Hall graft, to amend article dashboard. 3 in accordance with these decisions.


Article 10 copy of the dashboard stayed permanently will submit urgently by City Hall that will enlist the cadastre has running measurement, Mikoto and parcel/plot.


Chapter 2 execution of measurement, under article 11 and parcel/plot cadastre Delegate responsible for the technical execution of measurement, land consolidation and land parcel/plot set in joint possession in a village, will be fixed, date of commencement of work on the pitch and will have încunoştiinţare through a collective call to all interested parties, to establish boundaries: mayoralty of respectively, neighbors, and anyone would have any right of any kind.


Article 12 to inform the collective will be signed personally by the delegate will enlist the cadastre and includes: the name of the village is located within the territory of the plot in joint possession, year, month, day and time fixed for the commencement of the work, when the parties will be called upon at town hall depicting, bringing all plans or documents will also have their pretentiunile on their backs.
This încunoştiinţare will be sent with at least 15 days before the day of the presentation, both the Secretary of the village in question, and all the neighboring villages, Secretaries who will show up on the doors of town halls, bringing it to the attention of the public by the sell beats the drum in first Sunday preceding the day of the presentation.
To inform the collective will remain displayed for 10 days after the expiry of the Secretaries will conclude one villages report of the discovery of all pageviews.
These reports will be sent to the Secretary of the village in whose territory is situated the land in joint possession, to be handed to the delegate survey.
The existence of protocols based on the determination of the work folder, make full proof that the parties concerned have been regularly summoned.


Article 13 Once started the work, interested parties will be able to watch them on the ground until their completion.


Article 14 the delegate Survey, on the basis of the documents submitted, informatiunilor, declaratiunii to the parties and in their presence, will you choose to attend, will agree with them on the ground, all milestone who will be figurative and elsewhere.
In case of misunderstanding, the delegate will choose the Survey line milestone on the limit of tenure.
The delegate will then draw up a Survey report of the commencement of the work, you will find the performance of the procedure for the parties, calling plans and acts done and how the sequence of operations on land borders choice.


Article 15 after completing this operation, the delegate will assess the Cadastre performing technical measurement, perimeter, both general and all the details, after which it will submit a second report, in which you will find: the area of land measured in both total and partial, by category of service of land and borders, in detail, about every way.


Article 16 a copy of the minutes referred to in art. 14 and 15, together with a copy of the plan will be sent from the delegate Survey, respectively, Secretary of the village and the neighbouring villages, Secretaries who will immediately display on the doors of town halls, for 10 days, bringing it to the attention of the public and sell through and beat the drum.
At the end of the show, will conclude the villages Secretaries reports finding display, from which they will submit a copy of the delegate Survey.
A copy of the work completed by the delegate Survey, along with the plan and with the evidence of the finding of all pageviews by Secretaries, will remain on the record.


Article 17 all those unhappy with the work of measurement and choice of borders will be able to make opposition to the Court granting the village whose estate is divided, within 15 working days of the date of expiry, which from the display of the minutes of the Cadastre, delegate or as work has been done in their presence, whether they were failing.


Article 18 the appeal, made in duplicate, shall include the surname, forename and domicile of contestatorului and will show all the reasons for the appeal.
She will be accompanied by all documents in hard copy or original, which the authors choice to serve.


Article 19 the judge of detour, not later than 10 days after receipt of the appeal, Dale will send a copy that works for the Cadastre will make copies of all the works in question, as well as a memoir of how the work was made.
After receiving these latter works will fix the deadline and will have summoning parties, pronouncing the decision, within two months after receipt of the cadastral works dela.


Article 20 Authors will be quoted at shown by the opposition; The national Cadastre, at its headquarters in Bucharest; and everyone else who might have an interest, through a collective încunoştiinţare.

This collective încunoştiinţare will be sent, at least one month before the day of the presentation, both the Secretary of the village belonging to the land, and all measured Secretaries of the neighbouring villages, which will immediately display on the doors of the Mayor, bringing it to the attention of the public by the sell beats the drum.
To inform the collective will remain displayed for 10 days, and at the end of this period, the Secretary shall conclude one villages report of the discovery of all pageviews.
The minutes by which Secretaries find display shall send, at least 10 days before the day of the presentation of the Court's registry, they will attach to the opposition.
The existence of these reports to make full proof file as stakeholders were regularly called.


Article 21 the judge of appeal will judge the detour, relying on evidence which will be presented, and make enquiries or orders checking measurements.
Verification will be done by the two experts, namely, a delegate of the cadastre and an engineer, chosen by the objector.
In case of divergence between them, the judge will appoint ex officio a third expert engineer.


Article 22 introduction of appeal over deadline in art. 17, will have the effect of cancelling them.


Article 23 Judgement will draw up not later than one month from the rock and will be sent to the pronouncement of the Secretary of the village, to be handed to the parties, in accordance with the rules laid down in article 21. 6 of this law, and works for the cadastre through police prefecture capital.


Article 24 Those unhappy with the decision of the Court will be able to appeal to the tribunal within one month following the communication rules, dela. 7, and prosecuting the appeal shall be made in accordance with prescripţiunilor. 8. Article 25 the verdict of the Court, or court decision final remaining appeal, via neatacare will be sent through the respective cadastral works for graft.


Article 26 If the remaining after final measurement will find a total area of less than that laid down in the article. 10 of this law, shall be reduced in proportion to the surface due to everyone.
However, if there is a larger area, the difference in addition shall remain the property of the Town Hall of the village in question, intended either for afforestation, either to increase or to Vatra village land reform voting those deprived of their land, which they will sell at a price fixed in bending than the commune for expropriation carried out on the basis of the law on land reform in Bessarabia from 13 March 1920.


Article 27 on the basis of data obtained from measurement, the delegate will prepare cadastre an array with the names of those entitled to, specifying the areas held by each House for place in the hearth of the village, gardens, vineyards, orchards, forests and plantatiuni of any kind, and the surface is more appropriate as a land of culture and imas, until completion of the full surface which is in accordance with article 21. dashboard dela 10, possibly with amendments on the basis of dispoziţiunilor art. 26 of this Act.


Article 28 in the communes where they made the expropriation and improprietariri based land reform law for Bessarabia in 1920, delegate of the cadastre and the delegate County Agriculture Office, taking the basic dashboard; 27 of this law, drawn up by the comisiunea of improprietarire, will draw up a scoreboard, indicating in separate columns, appropriate surfaces of each improprietarit, both on the basis of laws of 1874 and 1875, and the agrarian law of 13 March 1920.
If the remaining after final measurement will find that the total surface expropriata is lower than that provided for in Commission of improprietarire paintings, will be reduced in proportion to the surface due to each improprietarit.


Article 29 the share owner's intangible fixed by decision of the expropriation cannot be reduced under any circumstances, and inexpropriabile land expropriation referred to in decisions handed down under the land reform law for Bessarabia in 1920, will leave the real surface found in the measurement.


Article 30 pasture Land (imas), for all the inhabitants of the village, the RADIUS will be chosen preferably near the village, or where they will find their own land for this purpose.
Imasului surface shall be at least 10 per cent of the arable land area of the estate, thus reducing proportionately the surface it proper to each a.
In the calculation of such surfaces will not enter the share attributed to the owner on the basis of the law of land reform in Bessarabia from 6 March 1920.
Imasului so definitively determined on the ground constitutes the wealth of cooperators who are required by law for the organisation, administration and exploitation of rangelands are obliged to set up the Association of grazing, within 6 months from the rock imasului delineation.


Article 31 distribution Order will be established lots by drawing lots.
The day and time for carrying out this operation shall be fixed by the delegate survey and will bring to the attention of the inhabitants of the parish Secretary.
The summons shall contain the place, day and hour of commencement of the work and will be displayed on the door of the City Hall with at least 5 days before the deadline laid down, letting it sell and also through the drum beat.
Of these formalities have been Secretary of the Statute will conclude a Protocol, which will send delegate to cadastre it attach to the work.
Existence of the files of the minutes mentioned above, make full proof that the residents were regularly called.


Article 32 on the day of the call, in the presence of the delegate of the delegate's Office of cadastre, Agriculture Secretary, and County residents will be howling at your hardships, in the order in which they are enrolled in the dashboard; 28 of this law, to draw lots, in order to establish the order in which it will make distributing batches.
Shouting, and the draw will be made, either individually or by groups of improprietariti, consisting of members of the same family if they will ask.
For absent residents will shoot the Mayor, the statement in the report what will end.
Finding of the workmanship of the prize draw will be made by means of a report drawn up in two copies, one of which will be kept in the archives of the Town Hall, and the second copy is to be taken from the delegate survey to attach itself to the work.


Article 33 a comisiune composed of the delegate, the delegate agricultural cadastre Office, County Mayor or Deputy Secretary or legal and the village, along with the delegates, taking into account the local situation and outcome measurement, will establish a detailed distribution project parcelar the land of culture due to those entitled, setting the agenda and purposes of which is to make the settlement and numbering lots.


Article 34 Lots will consist of one or two parcels, after the various qualities of the land.
The plots may not be less than one hectare.
The parcels will have a more regular shape, with dimensions chosen so that their width should be about 1/4-1/5 of the length.
The ends of the plots will be mandatory marked on the ground by permanent natural stone or concrete.
The cost of the terminals, including transport and their ingropatul in the land, will be borne by lotasilor.


Article 35 on the basis of the order established by the drawing of lots and the parcel/plot, referred to in art. 33, the delegate will assess the Cadastre plan and parceling the implementation on the ground, according to residents with proper instrument panel; 28. Article 36 after completing the execution of application of parcelarii on the ground Cadastre delegate will notify in writing the day what will be fixed for consignments to those entitled teaching and who will be notified from the weather, from hits, sell beats the drum.
On the day fixed, Cadastre, accompanied by delegate delegate County Agricultural Office, Mayor, and Secretary of the residents concerned, will carry on the ground and will teach each squad has been assigned.
Lots of those absentees, or what will refuse to receive them will be given over to the Mayor, or failing that, the Secretary, through the minutes, which shall be enforceable against the holder concerned. In the interval before the presentation of the holder will be able to rent land annually, through public auction, and the oral will be made on income account and the disposal of the holder.
Running the teaching will ascertain through a report, trained in 4 copies, taking a copy of the delegate Survey, one primary and two County Agricultural Office delegate, a copy of which you will send the Board of agriculture.
Copies of the plan will be sent parcelar of the national Cadastre, Chamber of agriculture and the respective City Hall.


On the basis of article 37 of the plan parcelar and data entered into the article. 28, the Ministry of agriculture and Areas will release individual titles of ownership.


Chapter 3 Payment for Article 38 works of measurement and application of parcelarii residents receiving Earth will pay the following prices: State of) 100 lei for each House in the village;
  

b) 100 lei HA for vineyards, orchards of fruit trees or plantatiuni;
  

c) 80 lei HA lots of culture, pasture or improductive;
  

d) 25 lei for each landmark buried in Earth.
  


Article 39 Pay due the State for execution of work will be done on the basis of the unit prices specified in art. precedent and would be fulfilled by the local agencies are required by law to track revenues.


Article 40


The Finance Ministry will put the Ministry of agriculture and dispoziţiunea Areas, the national cadastre, the sums required for the execution of measurement, parcelarii, parcel/plot and application through opening credits, refundable amounts that will collect dela 41(2) inhabitants. precedent.


Chapter 4 final provisions Article 41 Dispoziţiuni improper Places, like: kidnap, prunduri, stufariile, matcile and water according to art. 11, law of 19 1875 Fevruarie, will reserve on account of villages which will be obliged to put them into value through afforestation or other forms of exploitation.


Article 42 the surface of the land occupied by roads, County, or municipal vicinale and streets inside the villages will not enter into the calculation.
For these public roads will be the destination in question, in accordance with the laws of the breadths.


Article 43 Road Area of parcels will be included in the surface lots.


Article 44 All judicial and extra-judicial acts, made in the presence of the law enforcement, are exempt from any stamp duty.


Article 45 town halls, administrative officials and clerks who will not execute the duties imposed by this Act, in addition to disciplinary punishment shall be punished according to the dispoziţiunilor art. 190 of the penal code.


The areas listed in article 46 paintings which make mention in the present law, shall be indicated in acres and square meters.
Desetinelor transformation in hectares is considered an equal to one hectare desetina and new twenty-five hundred square meters (1 ha, 0925 sq.m.).


Article 47 shall comply with the exits of joint possession made definitively, with engineering plans before the promulgation of this law, or court order, or by the proper învoiala of local obstei.


Article 48 A regulation of public administration will be able to enlighten and fill dispoziţiunile this law.


Article 49 all the laws, regulations and dispoziţiunile of the present law, are opposites and remain repealed.
This law was voted by the Assembly of deputies at its meeting on 27 March 1931 dela and was adopted with unanimity of one hundred twelve votes.
President, St. GEORGE PAL (L. S. D.)
Secretary, Fr. Stephen Cairns this law was voted by the Senate at its meeting on 1 April 1931 from the rock and has been adopted by a majority of sasezeci and new votes, against one.
Vice Chairman i. CANTY (L. S. S.)
Secretary n. n. Baptism Promulgăm this law and categorise them as it is vested with the seal of State and published in the Official Gazette.
(L. S. St.)
CHARLES Minister of agriculture and the fields of Ion Mihalache ad interim Minister of Justice Dr. Voicu Naidu — — — — — — — — — — — — —