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Law No. 826 Of 4 April 1936 Regarding The Colonization Scheme

Original Language Title:  LEGE nr. 826 din 4 aprilie 1936 privitoare la regimul colonizării

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LEGE no. 826 826 of 4 April 1936 regarding the settlement regime
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 82 82 of 7 April 1936



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 On the remaining land available following the application of the agrarian reform laws and the law for the organization of Dobrogei-Noua, which constitute the real estate fund of colonization, the inhabitants that meet the following conditions can be colonized: a) Be at the age of 45 years; b) Have the exercise of political rights; c) To have satisfied the military service and not to have suffered punishment for desertion; d) To be married, to have children or to be a widower with children; e) Be hand-worker of the earth and have as the only occupation the ploughing; f) To prove by health certificates that they are not sick, neither they nor their family members, of tuberculosis or syphilis. + Article 2 They have preference for colonization those who particularly the previous conditions, will meet one of the conditions below: a) Be demobilized; b) To have the capital necessary for the injection of a household and for the payment of the amounts due to the State; c) To have book science; d) To have graduated from a grade I and II school of agriculture. + Article 3 Priests, teachers, as well as small rural officials, can be colonized in the centers where they operate, if they meet the above conditions, except par. it's from under art. 1. + Article 4 The colonization lots will be no more than 10 ha of culture land and 2,500 sqm house seats. + Article 5 The assessment of the settlement lots in each centre shall be made per hectare, following the rules set out below, taking into account the quality, economic situation and destination of the land: a) For land from expropriation or results from the application of the law for the organization of Dobrogei-Noua owned by the State, the rules established by the respective laws will be based, adding the appropriate quota, from the expenses made with any improvements, as well as the related interest of those expenses in relation to time; b) For land derived by exchange or merger, it shall be taken as the basis of the price resulting from the acts of exchange or the one envisaged for the merger, adding the expenses made with the improvement works and the respective interest rates to the entire amount, in ratio with time. + Article 6 Half of the value of the colonization lots will be borne by the State, and the other half will remain in the settler's task. + Article 7 The settler debuts himself to the State with all the amounts that fall in his charge, according to the provisions provided in art. 5 5 and 6. The annuity will be distributed and paid in 60 semi-annual installments, on May 1 and 1 Noemvrie of each year. The rates will be due after the end of the sale-purchase act. Until the conclusion of the sales contract, the settled settlers will pay to the Commercial Administration of the Colonizations, the lease that will be fixed the Steering Committee and will be given in debit to the collection of the fiscal bodies of the State. + Article 8 The passage of the lot into the settler's property will be made by an act of sale-purchase concluded between the settler aside and the State, represented by the Commercial Administration of the colonizations, on the other hand. The sale-purchase act will be exempt from any stamp duty and registration. + Article 9 The settlers ' squads will not be able to divide into smaller portions than the half-lot-type of colonization. Lots of more than 10 ha will be able to divide into portions of 5 ha. The settlers will have any right to use the provisions of art. 133 and 134 of the agrarian reform law, of the Old-Kingdom, whose provisions extend to settlers across the country. + Article 10 The batches of the settlers will not be able to alienate either voluntarily or through forced execution than to other settlers or sons of their own, as well as for the endowment of children, in compliance with the conditions provided in art. 9 9 above. Voluntary estrangements, except for those intended for children's endowment, are prohibited for 5 years from the date when the settlers became owners by the effect of transcription and intabulation of sales contracts concluded, according to art. 8 8 of this law. For voluntary estrangements, after the expiry of the term of 5 years, the opinion of the Commercial Administration of Colonizations and the approval of the Ministry of Agriculture and Domains Estrangements of any kind, made in any way and in any form with non-compliance with the above provisions, are also branches of law. Nullity is of public order and can be requested by any of the interested parties, the public ministry and third parties, up to 5 years, after the date of the Foreigners. + Article 11 Provisions of art. 127, 128, 129, 130 and 131 of the agrarian reform law of the Old Kingdom, extend to all settlers from all parts of the country in compliance with art. 9 9 of this law. + Article 12 The settler loses the property of the lot assigned to him, with the loss of the quality of Romanian citizen. The dispossession of the owner settler, will be made by court, after the procedure provided in art. 139 of the Old Kingdom's agrarian reform law. + Article 13 In case of dispossession, the whole lot of the settler, including the house lot and the existing buildings, re-enter the State's patrimony. The dispossessed settler will be compensated by the Ministry of Agriculture and Domains, for buildings with commercial value, established by justice, and for the land with the amounts actually paid in the price account, decreasing the equivalent of use. The dispossessed settler benefits from crops taken by the roots. + Article 14 In the case of forced execution of the estate of a settler by any creditor, all debts of any kind that the settler would have to the State become chargeable to the State. In such a case, the creditor shall be obliged to notify the command, under the sanctions provided for in the last paragraph of this Article. and Ministry of Agriculture and Domains. The liquidation of the amount due to the settler will be made, covering first the State for any debt resulting from taxes, then the Commercial Administration of Colonization for any debts that the settler would have and only after that the creditors the others, in order to register their claims. Any enforcement made against the above provisions, is null and void of law and cannot be opposable to the State. + Article 15 On the lots resulting from the disposals provided in art. 12, new colonizations will be made, having in particular colonization the heirs of the dispossessed settler, if they meet the conditions of the present law. + Article 16 Colonists without title to the lots, may be removed from the colonisation and as such dispossessed by administrative means, if they are found not to meet the following essential conditions: a) Be established with their families in the respective centers; b) To personally cultivate the assigned lots. The finding will be made individually by a minutes trained by an organ of the Ministry of Agriculture and Domains or the Commercial Administration of Colonizations, assisted by the mayor of that commune or his deputy and two witnesses. settlers. Exclusions will be made only by administrative means and will be based on these minutes, and dispossession orders, opposable to any detentions of the lots, will be brought to fruition by an organ of the Ministry of Agriculture and Domains. or the Commercial Administration of Colonizations, assisted by a representative of the public force. The dispossessed settler will have the right to compensation for existing buildings, as well as the harvest caught by the roots. + Article 17 The provisions contained in art. 137 and 139, of the Old Kingdom's agrarian reform law, extends to settlers from all parts of the country. + Chapter 2 Special provisions + Article 18 The lands acquired or what will be acquired by the State, by purchase, by exercising the right of preemption, or otherwise, will affect entirely the colonizations. + Article 19 Evaluation of lots from the fields specified in art. precedent will be made, taking into account the price resulting from the purchase or convention acts. + Article 20 Each resident colonized on these lands will be obliged to pay the State as a price the entire related amount that served upon the purchase of the assigned lot. + Article 21 When the sales contract is authenticated, concluded according to art. 8 of this law, the settlers who belong to this exceptional category, are obliged to pay the State at least one tenth of the price due, and for the rest of the price, they will be debited and obliged to pay the debit in 18 installments Successive and equal semester on 1 May and 1 Noemvrie of each year. The non-payment of two consecutive rates attracts the termination of the sales contract without notice or putting into delay and immediate dispossession of the settler, the State retaining from the amounts actually paid the equivalent of the use of the lot. + Article 22 The land provided in art. 18, can be attributed to the settlers, on them can also be colonized and those who meet the conditions provided in art. 1 1, paragraph b, c, d and f. + Article 23 Settlement plans encompassing these lands, will provide lots of culture, with variable stretches, according to requirements, up to no more than 25 ha. + Chapter 3 Transitory dispositions + Article 24 All actions of dispossession pending and founded on the provisions of art. 50 50 and 54 of the law on colonization from July 17, 1930 and art. 137 of the law for agrarian reform of the Old Kingdom, will continue its course, if the grounds of law are identical to the ordinances of this law. Otherwise the actions will continue their course only after they are modified within the meaning of the requirements of the law. + Article 25 For all lands affected by colonization operations and distributed in batches to settlers or leased to individuals, settlers, tenants or private tenants, are and permanently remain debited for arendays due to the State. Minutes trained by agricultural organs prove the use of land. For the leases found or fixed, the minutes are enforceable and the tenants will not be able to contest the debits prevailing except for the non-existence of the lease contracts. + Article 26 The settlers will be debited to the State, with the value of the constructions, made by the State, of the materials, inventory, seeds and any aid granted to them. The minutes of handing over the materials, agricultural tools and seeds, as well as the receipts signed by the settlers, constitute titles on the basis of which the debits are and remain final. Annuities will be calculated without interest and will be distributed as for the value of the land in 60 semi-annual rates, chargeable on May 1 and 1 Noemvrie of each year, starting after 7 years from the granting of these aid. + Article 27 All the unopposed settlers will enjoy for 10 years from their tax exemption settlement to the State and the county. + Article 28 All settlement operations intervened from July 1, 1934 to the date of promulgation of this law shall be ratified without any exception. The provisions of Chapter 1 of the present law, outside art. 1-3 inclusive, also applies to settlers who benefited from the previous settlement regime. + Article 29 A special regulation will unravel the provisions contained in this law. + Article 30 All provisions of the contrary to the present law are also repealed. This law was voted by the Senate at the meeting of March 26, 1936 and was unanimously adopted by one hundred and twenty votes. Vice-President, C. ALIMANESIANU ((L.S.S.) Secretary, Matei Vasiliu This law was voted by the Assembly of Deputies at its meeting on March 30, 1936 and was unanimously adopted by one hundred and fifteen votes. Vice-President, V. BARCA (L.S.A.D.) Secretary, Atanase H. Gheorghiu We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. Given in Bucharest on 4 April 1936. (L.S. St.) CAROL Minister for Agriculture and Areas, V.P. Sassu Justice Minister, Valeriu Pop ---------