Regulation On Benefits Unfilled

Original Language Title: Regolamento Sui Benefici Vacanti

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009293.html

LAW AND REGULATION ON BENEFITS POST TO 27 April 1912 LAW Art. 1. - All acts of ecclesiastical authority regarding the allocation of church property with the provision of major and minor benefits, and the grant of the benefits annuities can not be implemented in Italy without the consent (exequatur and placet) of the Captains Regent heard the opinion of the State Congress. Consent means always given with the clause of salvation of the laws of the Republic and the rights of third parties, even if this is not expressed. Art. 2. - The consent given may be revoked by the Captains Regent, having heard the opinion of the State Congress, on serious grounds of public order. Art. 3. - The Congress of State may determine the seizure of temporality against the ministers, who are invested n when siansi committed embezzlement or gross negligence in the administration of them, or when the seizure is necessary for reasons of public policy . Art. 4. - against the measures of the State Congress in the cases of the three preceding articles is subject to appeal to the Great and General Council. Art. 5. - The administration of the vacant benefits and temporality seized is entrusted Bursar of vacant benefits that will be appointed by the Great and General Council. The rules for the administration and for the presentation of accounts will be established by regulation. Art. 6. - The annuity will belong Bursar of the gains is anti the day, in which the holder of the benefit will cease to be invested, or the nod to content will be revoked art. 2, or st to be ordered the seizure in article 3 content. Art. 7. - The rents of vacant or seized benefits, minus administrative expenses, devoted to the cult of the expenses necessary for the restoration of the poor churches and charitable uses. REGULATION CHAPTER I. General Provisions. Art. 1. - The right of possession and administration of vacant bnefici, and those subject to seizure by a conservation measure or the prosecution, and the supervision of full benefits, whatever their nature, are exercised in the second area the rules contained in this Regulation. Art. 2. - At the Bursar has established a board of directors, which must give its opinion on the budget, the final balance, on att of greater importance to be carried out by the administration, and other business, they were subjected its deliberations Art. 3. - the board will be composed of predicted delGoverno Mayors, the Fiscal, Officer of Civil Status, an accountant, a priest without designated investiture year by year by the parish priests, the Bursar in an advisory capacity. Their office is purely honorary. Art. 4. - In addition to the full benefit of which is signaled in Art. 1, the Treasurer will exercise its supervision authorities of churches and related institutions. Art. 5. - You will have to fill out in duplicate, a record, including list of all existing benefits. From this register will specifically be: the nature of the benefit; acts of the foundation; the annuity, the goods that they produce and owned: Same as separate register securities must be completed for all qu lle churches and institutions whose administration is assigned the supervision within the terms of Article. 4. Art. 6. - it will also be kept an auxiliary register of that provided in the first part of the previous article, in which an uali s'indicheranno changes, which will require state benefits and rectifications that it trades to introduce you. Art. 7. - The net surplus of vacant administrative benefits will be used by the Great and General Council for the purposes provided for in Art. 7. Legg about available benefits. Art. 8. - The Treasurer is authorized to enforce, to the properties of the vacant benefits, urgent repairs, which do not import larger sum of Lit 200 when it can do so with the benefit of annuities. However, the urgency must be documented with the Bursar reports and sworn expert with the technical person and the work will be contracted out to private tender. Art. 9. - The treasurer shall report on his management to the Board Grande every year. CHAPTER II. Standards for the supervision and full benefits over other institutions. exequatur of revocation cases. Art. 10. - The vigilance attributed the full benefits and above all the nature of ecclesiastical institutions, has as its object the preservation of the Church property and the observance of the laws of the State, and the special rules governing the matter. And 'office then bursar ensure that the owners are not committed embezzlement, damage or irregularities, and to promote, if necessary, appropriate action, particularly with regard to
Maintenance of houses and churches. Art. 11. - The exequatur is revoked for the Council Great and can take place in the following cases: 1) when the investment of the benefit has been convicted of one of the penalties of 2 - 3 - 4 - 5 . - 6. - 7. class: 2) when he has been convicted for any of the crimes punished by art. 331 and 332 of the Code. pen. 3) when he has been convicted of having to effect disqualification, even temporary, from public offices: 4) in all those cases in which for commess irregularities, have been revoked from the benefit of the Church authorities. Art. 12. - Where treasurer result of mismanagement of the assets of a benefit or other ecclesiastical institution for ineptitude, negligence or fault of the owner or administrator, it will report to the Congress of State, who will be able to provide that holder or administrator must be added, as assistant, the treasurer unless the authorizing s Questro institution's assets if this is necessary. In these cases, it satisfied the weights, the net overrunning must be delivered to the holder of the benefit of the church or representative. Art. 13. - In the case of alienation of a fund or an annuity benefit or belonging to the ecclesiastical entity, or other act, excess contract pure administration, and for which the government authorization is required, the relevant project He will be submitted for consideration by the owner or administrator of the Bursar, and forwarded with its opinion to the Congress. The treasurer will provide the execution of the decree shall be informed and take note in its registers of the act to be signed. CHAPTER III. Taking possession and delivery of temporality beneficiaries. Art. 14. - The administration of vacant or benefits subject to seizure and institutions, it will be concentrated at the Bursar. This administration shall be made by the Bursar in accordance with the instructions that will emanate Congress. Art. 15. - In the event happen the vacation of a benefit every public official who by reason of their office it has become aware Bursar will have to make a complaint. They will have the same obligation officials said, though browsed in full knowledge that the possession of a benefit has been taken without having obtained the authorization referred to in Art. 1. the law. Art. 16. - The treasurer in any way have had news of a benefit holiday, promptly take possession and administration of t annexed mporalità; and where encounters resistance or opposition, you may invoke the support of the Law Commissioner. Art. 17. - The treasurer will have to watch over so that no benefactor comes into possession of vacant temporality, without first having obtained a regular delivery. Art. 18. - Checks the spiritual treasurers, civilly recognized, will be determined according to the benefit annuities, the extension of the parish and the number of parishioners. Art. 19. - In taking possession of temporality beneficiaries will compile a detailed list of assets, ensuring, where appropriate also with skill, the state in which they are located and taking inventory of church utensils, ornaments of the value of coll'indicazione approximate. These transactions will be carried out with the escort of the register, which is waved art. 5 in contraddittor or holder ceased or the heirs, warned the day and time with the act of usher. Not appearing, he will proceed to the office. If they were objects, papers or valuable books tistico or old, you have to compile special list, and he will inform the competent department. Art. 20. - If causes damage, which must meet the c xed holder of the benefit or his heirs, they will be given their notice with the awarding of a termin to make any repairs or pay the amount. Last fruitlessly the assigned deadline, the econom proceed judicially, asking, if necessary, the attachment on movable effects of debtors, or on the amounts owed to them, according to law. Art. 21. - At the same time the act of taking possession will be compiled the list of income that they require. As it appeared that the benefit ceased invested hast received advances or other annuity shall be stated in the list, subject to the Administration's reasons for refund or compensation to the proprietor, the heirs or third party debtors. Art. 22. - The act of taking possession and instruments concerning will be compiled on plain paper. The same will be given official notice to the competent authorities. Art. 23. - The list of goods, the names of the debtors of the parishes where they have domicile, because of the debt, the sums due to the benefit and other necessary information will be signed
Bursar, and it will be notified on plain paper to debtors because the administration recognize and pay the sums that they had to the holder. The same notification will be made to prosecutors or other agents of the owner of the benefit ceased telling them to make the accounts and to present a list of the sums remaining to demand. Where the authorities or persons mentioned in this article does not give the previous nl receipt of notification and fail to comply with the acts in which they were invited, they will make necessary notices for ministry and usher in the ordinary forms of law. Art. 24. - The expenses necessary for acts relating to the taking of possession, will be for a half by the last hit, or his heirs, and for the other body half by bursar, less in the case of seizure , which must be met in whole dall'investito. Art. 25. - In the event the benefit vacancy will have been provided, the treasurer will present the new invested certified copy of the appointment, and will keep it between the acts of his office. Then proceed with the greatest possible haste, the delivery of temporality with administrative finding, which will take note in the register prescribed coll'articolo 5. Art. 26. - The act of delivery contains the inventory of assets, will double in size exemplary for the given register in Article 5 and the last act of ownership; and there will be described the state of the recipient funds if necessary will be determined by skill. The new investment, with the act itself, it will force to protect the rights of the benefit and maintain, and preserved, goods, government bonds, the sacred vessels, and especially the books, papers and objects of art; and to this end it will give appropriate garenzie to be fixed by the State Congress. One copy of the act, signed by the parties, will be kept at the Bursar and the other will be kept at the invested. Art. 27. - The costs for the delivery of the beneficiary temporality are the responsibility of the new investment. Art. 28. - Except for the rights laid down with the attached rate (Annex A), no amount will be payable, under any denomination, for the taking of possession or delivery of the temporality of the benefits. The predicted rate, printed in light type, must be kept permanently affixed economale office. CHAPTER IV. Litigation in the interest of the administration economale. Art. 29. - Bursar responsibility to support the arguments of nt which administers. He alone represents in court vacant benefits, as both plaintiff and as a defendant. Art. 30. - Whenever the steward recognizes the need to promote a civil case or is sued, should contact the State Congress, transferring the documents and related documents, with a report containing all the news that may occur to support the administration's right. Art. 31. - For the proposed transactions in the course of proceedings must be the opinion of the State Congress. Art. 32. - The Bursar in introducing holders in possession of the beneficiary temporality, you will have to inform them of pending cases in the interest of the benefits, inv tandoli proprii to nominate representatives and defenders. The defense legally constituted in pending cases, continues until the entered owner or composition in legal possession does not otherwise have done so. Art. 33. - Nell'Economato will be kept a register where it will be registered every case brought in the interest of the administration economale, with indication of the date of the summons, the plaintiff and defendant, entity concerned, the court before which the dispute is pending, the prosecutor who is found responsible, and subsequently of the judgments that will be uttered and the liens products until the last act of the relevant proceedings. CHAPTER V. Bursar and his special powers. Art. 34. - The Treasurer will be paid with a premium collection of 10% on the total revenues and receipts. Will be entitled to reimbursement of postage and other as well as to the payment of certain benefits from the attached Tariff A. Art. 35. - The liquidation of the award of collection and the rights and benefits set out in the tariff must be approved by the State Congress heard the 'notice of the Article 3. Art Board. 36. - If in one year the Treasurer has not received anything nor award of rights or a sum lower than the sum of L. 100 L will be granted . 100 or the difference from the Governmental case for the surveillance, for the control and for other tasks inherent in the office. Art. 37. - The treasurer will take without delay the administration of benefits, that are vacant and
denunzierà his appointment to the holders and representatives of institutions subject to its supervision. Art. 38. - It will be his duty to inform themselves of the holidays, they happened later, immediately taking possession of its temporality, and informing the C ngresso of the State due to the holiday, the day on which it occurred, the nature of the benefit and name and surname of the holder ceased. He will proceed to all conservation acts, which are authorized by the laws and regulations in force, and where opposition and resistance meetings will invoke the inventory of the Law Commissioner, and will promote the competence of the judicial measures according to Article .16. Art. 39. - If the finance officer becomes aware that the investments of a Siasi benefit put in possession of the property without having obtained the consent, should immediately report to Congress. Art. 40. - The treasurer must take diligent care of the assets of benefits subject to his administration by ensuring the conservation and improvement immovables so urban and rustic. Art. 41. - During the vacation of a benefit can the treasurer pay taxes, levels, fees, interests of capital and the allowance for elderly spiritual treasurers in the agreed amount, with no need for special permission. For all other expenses will have to obtain the consent of Congress, except the provisions of Art. 8. Art. 42. - The receipts to be issued by the Bursar, will be detached from the register receipt book endorsed by the Secretary of Finance. The payments, which are not justified by such receipts, will not be considered valid. Art. 43. - The Treasurer is responsible not only for the collections made, but also to those that were missed by its negligence or willful misconduct as all derived from the non damage of the obligations he contracts with assumed office. Art. 44. - The treasurer is directly dependent on the State Congress that has the power to punish him with the admonition and suspension and to cause the Council dispensation from service for serious misconduct to the Office duties. CHAPTER VI. Rules to be followed in the administration of the gains is anti. Art. 45. - Beneficiary means annuities purchased from day to day, with no distinction between natural and civil fruits. For the year so promiscuous g ings between the holder ceased or his heirs, the bursar and the new equipped, the division will take place as follows: It will make a single mass of all the annuities accrued dl 1 January to 31 December and so on expenditure: the net surplus will be divided in days, between the different stakeholders, in proportion to the time of enjoyment due to each. Where ye shall annuity olive oil, or other two-year nature, he will have to join the fertile year the barren, and by the same method will proceed to the forests for coppice forests, which cuts do not occur every year in equal measure. Art. 46. - The rustic and urban funds will be, if the holiday should last for years, leased by public auction in the manner to be determined by the State Congress after consultation with the Board of Directors. CHAPTER VII. Transitional provision. Art. 47. - A month after the publication of this Regulation will or will update the inventories of all assets, movable and immovable property and liabilities of all the ecclesiastical bodies by the office Bursar which will aggregate the staff as it deems necessary to the office after having heard the opinion of directors of art. 2. The costs incurred will be borne proportionately by parishes, by the Bodies, by the beneficiaries. For this purpose a public notice will be invited thou those who are invested in making the appropriate Bursar complaints in that time, giving a copy of the investment license. Art. 48. - The Law and the Regulation on the benefits vacancies will be announced after they are published in all the parishes and benefits. Tariff of fees and compensation due Bursar. 1. - For the completion of the holiday verbal, or placing on hold: a) the parish L. 10, - b) of other body "5, - 2. - For each acomodation of four hours, used in compiling the It was active and passive asset, in ascertaining the condition of the buildings, grounds, sacred vessels, when the work of an expert is not deemed necessary, in the examination and classification of securities and documents for the first acomodation L. 5, - for the later "3 - 3 - for the completion of an auction" second opinion, - to compile the provisional award of the minutes "1 - to compile the report of final wins tion if the rent is L. 500 "1, - if it exceeds that sum from L. 501 to L. 1000" 2, - L. 1001 to L. 5000 "3, - L. 5001 in the above" 5, -
If the minutes of the provisional award shall become final, it applies the final award rate. 4. - For the award of contracts, without the auction formalities, they will demand the fees established by notarial law. 5. - For the travel allowances and subsistence will be paid out of pocket expenses more 'daily L. 5. THE EXPERTS 6. - For the preparation of an appraisal of renovations to buildings, or bonificamenti in soils, considered necessary, or assessment of damage or improvement went to funds or technical description of real estate L. 6. - 7. - for each acomodation four hours each employed or on site or at a table, in the absolutely necessary preparations for the compilation of the report, as reliefs, etc. types. L. 6. - 8. - The travel allowance shall be calculated in accordance with Art. 5.