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Law No. 176 Of 28 March 1944 On The Modification Of Dispoziţiuni Of The Law Nr. In 1941, 609 For Exceptional Measures Applicable During The Cat's Army Was In A State Of War

Original Language Title:  LEGE nr. 176 din 28 martie 1944 pentru modificarea unor dispoziţiuni din Legea nr. 609 din 1941, pentru măsurile excepţionale aplicabile în timpul cat armata se afla în stare de război

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LEGE no. 176 176 of 28 March 1944 to amend certain provisions of the Law no. 609 609 of 1941 ,, for the exceptional measures applicable during the time the army is in a state of war
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 75 75 of 29 March 1944



On the report of Mr. Secretary of State at the Justice Department with No. 41,722 of 1944, Under the provisions of decree-laws No. 3,052 of September 5 and No. 3,072 of September 7, 1940, We have decreed and decreed the following decree-law: + Article UNIC Provisions Law No. 609 of 1941 , for exceptional measures, applicable during the time the army is in a state of war, shall be amended as follows: Articles 5 and 31, as well as Chapters III and IV, shall be replaced by the following: Article 5. -If the mobilized is himself a tutor, curator or caretaker council, the court will appoint guardian, curator or provisional caretaker council, the incapacitated. When the law requires the consent of the family council, it will be replaced by the authorization of the court or the guardianship court. If the mobilized is himself a curator, or judicial council, the emancipated minor or the person placed under the judicial council, will work validly, only with the authorization of the tribunal. The courts will release, at their free discretion, to persons whose material situation would become precarious due to the state of mobilization, a suitable amount, from the dotal fund or the one belonging to the incapacitated, in keeping the court or elsewhere, whatever the conditions of the dotal or filing act, for the maintenance of the family. Article 31. -The provisions of Articles 5 and 23-36 including of this law, may be extended for the benefit of all natural or legal persons, who have their domicile or headquarters in territories located in the area of operations or in territories suffering from the cause of acts of war, whether these persons are left in those territories, whether they are discharged willingly or at the order of the authorities and even if they were part of the categories provided by art. 25 25, point a-d, including. Also, these provisions also benefit those whose action must be brought against a person who resides in such a place, or is subject to the jurisdiction of a court that is there. The extension will be made through the journal of the Council of Ministers, at the proposal of the Ministry + Chapter III: Provisions for judicial and administrative organisation Article 37. -The justice minister will be able to order, by decision a) Moving the residence of the courts, of any degree, to another locality or to another constituency. In this case, no trial will be able to be tried, until the parties are called by summons, in which the new residence will be indicated; b) Increase of territorial jurisdiction of courts of any degree; c) Temporary suspension of the activity of some of the courts, or of some of the sections of the courts and the increase of the competence of the sections whose operation was maintained d) Temporary restriction of the judicial activity. In this case, the resolution of cases that do not enter into the activity thus restricted, will be given in the competence of a close court. The decisions taken pursuant to this Article shall take effect from their publication in the Official Gazette. Article 38. -The Minister of Justice will be able to take the following measures, regarding the staff a) The delegation of magistrates from the courts whose activity is temporarily suspended, to other courts of equal degree, by way of derogation from the provisions of art. 20, para. 2 2, art. 37, 38, para. last, art. 48, para. 2 2 and 3, art. 70, para. 2 2 and art. 345 of the law for judicial organization. Delegations can be made both at the courts and at the prosecutor's offices, independent of the function that the magistrate has. The delegated magistrates will be assigned to training sections and offices, by the head of the court, according to the needs of the service. The delegation is made without payment of daily allowance. b) Delegation to other courts or services, porters, judicial officials and administrative staff, or service personnel, from courts and judicial services, whose activity is temporarily suspended. The porters, the judicial and administrative officials and the service personnel will be assigned by the heads of the courts to which they are delegated, according to the needs of the service. The delegation will be made without payment of daily allowance; c) Delegation of magistrates to the Ministry of Justice, by derogation from the provisions of art. 153, para. 6 6 and 7 of the law for judicial organization; d) Delegation of judicial inspectors to operate in other constituencies than those of the Courts of Appeal, where they are holders; e) The granting of holidays higher than those provided by art. 175, para. 1 1 and art. 232, para. 1, of the law for judicial organization and for reasons other than those provided in art. 175, para. 2 2, of the same law. The time of leave granted under the conditions of the previous paragraph shall be counted as a time for the calculation of the pension, if the activity of the court is suspended f) Delegation of a single judge, to lead two or more peace judges, close to the same county or from two neighboring counties. In this case, the judge will order in advance the display of the decision, on the days when he will be at the residence of each judge. The display will be made both at the headquarters of the court and at the respective town hall. g) Authorization of magistrates to live in a locality other than that where the seat of the court is located. Article 39. -Public lawyers from the State's litigation services, operating at the residence of the courts whose activity was suspended, as well as those from the services of the governments, can be delegated by the Minister of Justice, by way of derogation from Provisions of art. 40 of the law for the organization of the Corps of public lawyers, at any service of litigation of the State, without payment of daily allowance. Under the same conditions, there may be delegates and administrative officials from the chancellors of the State's litigation services, from the residence of the courts whose activity has been suspended. Article 40. -The Minister of Justice will be able to decide, by decision: a) Extension of the deadlines provided by art. 311 of the law for judicial organization; b) Change of data for the submission and transfer of magistrates, provided by art. 131 of the law for judicial organization; c) Authorization of public notaries whose activity is interrupted due to the events of the war, to operate temporarily in other localities. Article 41. -When the courts cannot complete themselves with peace judges, they will be able to judge with one judge, the facts given in their jurisdiction, in the first instance. + Chapter IV: Final provisions Article 42. -The state of war, ceases, within the meaning of the present law, from the date of the decree for the passage of the army on peace Article 43. -The Ministry of Justice is authorized to publish the text again Law No. 609 of 1941 ,, with all the changes made. ANTONESCU Maresal of Romania and the State Leader Justice Minister, Ion C. Marinescu --------