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Law No. 86 Of 6 October 1938

Original Language Title:  LEGE nr. 86 din 6 octombrie 1938

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LEGE no. 86 86 of 6 October 1938 for the measurement, merging and plot of land of the inhabitants impropriety in Bessarabia, on the basis of the laws of 13 June 1874 and 19 February 1875, in the indivision
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 232 232 of 6 October 1938



+ Chapter 1 General provisions + Article 1 The lands with which the settler and dominian inhabitants of Bessarabia were impropriety, by virtue of the law of 13 June 1874, amended and supplemented by the Law of 19 February 1875, lands of indivision, either between them or with the goods that 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 the right to the ground, on the basis of the laws of 13 June 1874 and 19 February 1875, will be established on the basis of the roles of 1874-1875 and of the title deeds, taking into account and the factual situation of each village, as well as on the basis of long-term arendars, for 36 years and several years and of the acts of promise of sale made before the alliance of Bessarabia, when the inhabitants have unchallenged use and pay taxes for these lands. The total of the areas thus recognized to the lotas in the last two categories, will not be able to exceed under any reason the amount of the assigned areas and entered in the initial roles of those with which they The land area 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 remaining part of the crop 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 chaired by the judge of the respective detour, which will also include the mayor of the village or a delegate of his, member of the communal council, the communal secretary and two inhabitants designated by the inhabitants before the judge at the time of the commission. This commission will draw up a painting encompassing all the inhabitants who own the 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 it, by the mayor, to the attention of the inhabitants through shouts and drumbeats. On the expiry of the 15 days, the communal mayor, or his legal deputy, assisted by the secretary, will conclude a minutes, in double copy, in which the day will be mentioned in which the display of the painting was made and that the cries and drumbeats were made. The picture thus drawn up, together with a record of display, shall 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 to the president of the respective tribunal, no later than 30 days from the expiry date of the display deadline, 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 confirm 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 was appealed, the president of the tribunal will immediately fix the court term, before the tribunal. Within a period of three months from the date of introduction of the appeal, the tribunal shall pronounce its decision, in which it will specify the amendments that may be brought to the painting specified in art. 3 3 of this law. The decision shall be made by taking care of the Registry of the General Court, no later than one month after delivery, to the Secretary of the said village, who shall, no later than five days from the receipt, submit it to the interested parties under the proof, in which he shall 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 tribunal's decision 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 by the respective graft, to the city hall to modify the picture mentioned in 3, in accordance with these decisions. + Article 10 Copy of the final table 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 of the land in the indivision in a village, will fix the start date of the works on the ground and will order, through a collective knowledge, the call of all parties interested, in determining the decisions: the town hall of the village, the neighbors, as well as anyone who would have any right of any nature. + Article 12 The collective knowledge will be personally signed by the delegate of the Framework of the cadastre 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 respective village and to all the secretaries of the neighboring villages that will display it on the doors of the mayoralties, bringing this to the attention of the public through 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, the finding of the views on the works file, 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 statements of the parties and in their presence, will you to assist, will choose to agree with them, on the ground, all the points of boundary that will be ensured 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 he 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 election of the 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 train 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, of 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 minutes of the finding of the display, of which a copy will submit it to the cadastre delegate. One copy of the works, concluded by the cadastre delegate, together with the high plan and with the evidence of finding the views by the secretary, 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 cadastre delegate 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, pronoun 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, in no more than 10 days from the receipt of the appeal, will send a copy to the Director of the cadastre, to whom he will ask children from 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 direction of the cadastre, at its headquarters in Bucharest, and all others who could have any interest, through a collective incunostintation. This collective knowledge will be sent at least one month before the day of appearance, both to the secretary of the village to whom the measured land belongs, and to all the secretaries, 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 ten days, and at the expiry of this term, the secretaries of the villages will conclude a minutes of finding the posters. The minutes, by which the secretaries find the display, will be sent by them, at least 10 days before the day of the appearance, the graft 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 that will be presented to him, being able to make corrections 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 divergence 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 cancellation. + 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, from the Framework of the cadastre, through the Prefecture of the Capital Police. + Article 24 Those dissatisfied with the decision of the judges 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 the respective Registry to the Direction of the cadastre for execution. + Article 26 After the paintings provided in art. 3 and the measurement works will remain final, a commission will be established under the name of the Comasation and Plot Commission. This commission shall consist of: A delegate of the Directions of cadastre, comasars and agricultural improvers; A delegate of the Agrarian Reform Directorate; A delegate of the Forest Regime Directions; The mayor of that commune or a member of the communal council, delegated by the council; Two delegates of the rightful residents. The notary or secretary of the respective commune will perform the function of secretary of the commission. The Delegate of the Framework of cadastre, comasars and agricultural improvers of the Agrarian Reform and Forest Regime Directorate will be appointed by the Ministry of Agriculture and Domains. The delegates of the inhabitants will be designated by acclaim or by lot, among the inhabitants entitled, in front of the mayor of the respective commune. The chairman of the commission is the highest official in the rank and in case of equality, the most old in the degree. Decisions are taken by a majority of votes, and in case of parity the president's vote is decisive. + Article 27 This commission will proceed, first of all, to the choice and determination of land areas, which do not enter the total extent of land granted to residents according to art. 11 of the law of 19 February 1875 and of land of general use, which will decrease from the total area resulting from the measurement. These lands are; a) All uncultivables as: rapi, plums, water mats and reeds, as well as degraded and improductive land; b) Land areas occupied by national, county and communal roads, roads necessary for national defence, railways, all existing or only in the project, as well as the streets inside the villages; for all these public roads will destine the respective widths, according to the laws c) A 20 m area around the lakes required for fishing; d) Any other land that is not expressly concedate to the inhabitants or communes by law and which is not included in the category of the above indicated; e) 10% of the total arable area, which will reveal itself for the creation of protective curtains necessary to increase agricultural production and for national defense. The breakdown, fixation and delimitation of land for protection curtains will be done in advance of cadastral works for plot in lots. + Article 28 If after the measurement remaining final and after the decrease operations provided for by the previous article, 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 a larger area is found, the difference will remain the property of the respective town hall, for the creation of resorts of agricultural and forestry experimentation, and for afforestation, the increase of the village hearth or the impropriety of the deprived of land, to which they will be sold 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 29 Based on the data obtained at the measurement, the comasation and plot commission will draw up a painting with the names of the impropriety, 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, based on the provisions of art. 28 28 of this law. + Article 30 In the communes where expropriations and improprieties were made, on the basis of the agrarian reform law for Bessarabia in 1920, the commission of merging and plot, taking the basic picture provided in art. 29 of this law and the one drawn up by the commission of impropriety, will draw up a nominal picture with the indication in the separate column 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 will reduce proportionally the area due to each improprietor. + Article 31 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 32 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, based on the agrarian reform law of Bessarabia of 6 March 1920 The imace thus definitively determined on the ground constitutes the common wealth of 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 33 The lots will be given in the order of their marimei, the smallest closer to the village. Lots of the same size will be distributed by lot. The day and time intended for the performance of this operation will be fixed by the commission of merger and plot and will be brought to the attention of the inhabitants by the communal secretary. The convocation will include the place, day and time of the start of the works 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 beating in the drum. The secretary of the commune will conclude a minutes, which he will send to the commission and the plot to attach it to the file of the works. The existence on file of the above-mentioned minutes makes full proof that the inhabitants were regularly called. + Article 34 On the day of the convocation, in the presence of the commission and the plot, the inhabitants will be shouted in the order in which they are registered in the painting provided in art. 29 29 and 30 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 drawing work will be made through a minutes drawn up in two copies of which one will be kept in the archive of the city hall, and the second copy will be attached in the file of the works of the commission and the plot. + Article 35 The commission of the merger and the plot, considering the result of the measurement will establish a detailed plot project of the distribution of the crop land due to the entitled ones, fixing the order and the meaning in which the settlement and numbering will be made lots. + Article 36 The lots will be made up of one or more than three plots, with the condition that in the latter case the difference in quality will impose the division. The parcels will not be able to be less than 2 ha. 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 37 On the basis of the order established by lot and the draft plot provided for in art. 35, 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. 29 29 and 30. + Article 38 After the completion of the application of the plot on the ground, 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, through displays, shouts and drum beats. On the day fixed the delegate of the cadastre accompanied by the delegate of the County Agricultural Office, mayor, secretary and interested residents, will be transported on the ground and will hand over to each the lot assigned to him. The lots of the absentees 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. could 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 cadastre delegate, 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, the Agricultural Service, the Forest Service and the respective city hall. + Article 39 Based on the plot plan and the data enroll in the picture referred to in art. 39 and 30, the Ministry of Agriculture and Domains will release individual property titles. + Chapter 3 Work payment + Article 40 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 41 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 42 The Ministry of Finance will provide the Ministry of Agriculture and Domains, the Framework Directive, the necessary amounts for the execution of measurement works, the plot and application of the plot, through the opening of extraordinary credits, redeemable from the amounts that will be charged from inhabitants based on art. Precedent. + Chapter 4 Final provisions + Article 43 Uncultivable places like: rapi, plums, water mats and reeds, according to art. 11 of the law of February 19, 1875, will be reserved on the communes, which will be obliged to highlight them by afforestation or other means of exploitation. The degraded land will be reserved on the communes, which will have the obligation to impose them, according to the law for the improvement of degraded land in 1930. The land intended for the creation of protective curtains will also be assigned to the respective communes, with the obligation to impose them. The afforestation, administration and exploitation of all these lands will be done by the Forest Service of the State, according to the forestry laws in force, the curtains and forest plantations established on this path constituting communal forests of protection. The mayoralties are obliged to provide in their budgets special funds for the satisfaction of the obligations imposed by this law, with regard to afforestation and any income made from the areas delimited for the protection curtains, until Their afforestation will be affected by this. + Article 44 The road surface between the plots will be contained in the area of the lots + Article 45 All judicial and extra-judicial documents, made in the execution of the present law, are exempt from any stamp duty. + Article 46 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 47 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 925 square meters (1 ha, 0,925 sqm). + Article 48 The exits from the indivision made definitively, 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, will be observed. + Article 49 Within 30 days off, counted from the publication in the Official Gazette of this law, all those who were not passed in the paintings until they made up, according to art. 3 of the law of 1931, or who are not satisfied with the rights recognized by these paintings, will be able to appeal after the procedure provided in art. 5, at the tribunal president. + Article 50 The lands subject to the provisions of this law will be exploited after the end of the operations of the exit from the indivision, through agricultural associations, from which they will be part of the right and necessarily all the inhabitants of the owners of these lands. These associations will be created and will activate according to the provisions of the law for the organization of cooperation, under the control and vigil of an agronomist. The Ministry of Agriculture and Domains, through ministerial decision, will determine in details the organization and functioning of these associations. + Article 51 A public administration regulation will be able to clarify and complete the provisions of this law. + Article 52 All laws, regulations and provisions of the contrary to this law are also repealed. Minister, Gh. Ionescu-Sisesti. ----------