On Court Rulings And Financial

Original Language Title: Sui Tribunale E Provvedimenti Finanziari

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009125.html

LAW ON COURT AND FINANCIAL MEASURES March 29, 1897 Title I. 1. - The Registry Service is disimpiegato by two officers, one in charge of civil division glue Chancellor qualification, the other to the criminal division with that of actuary, coll ' obligation, in case of need, the cumulative service. 2. - Gl'indennizzi and annual salaries of judges, the tax attorney, Registrars and all employees of the Courts, are fixed in the amounts set out below: 3. - I.) Indemnification by the judge in cases of appeal in both civil that criminal, 750 pounds; II.) Compensation to the judge in criminal cases of first instance, 750 pounds; III.) Salary by the Law Commissioner, lire 3500; to the Chancellor for the civil division, in 1200 lire, actuary for the criminal section, lire in 1200, the Procurator Fiscal and Justice of the Peace, 500 pounds, to the Secretary of the Conciliator Court, 250 pounds, to Sliders obliged to cumulative service of the Court of 'Ecc.ma Regency, that of the Law Commissioner, as well as the Justice of the Peace, 1200 lire, all'Aggiunto cursor to the powers that will be delegated from the Regency and the Law Commissioner, lire 460. Title II. Increase in the value of the card revenue. 4. - The value of the card from the state stamp, quality first and only one indivisible crest, from cent. 60, is brought to a penny; that of the second-class sheet with two escutcheons cent. 50, is brought to Cent. 80; that of the second-half sheet quality cents. 25, is brought to Cent. 40; that of the fourth sheet in the third quality paper with four coats of arms, as cents. 10, is increased to 15 cents Paper use revenue. 5. - In the use of stamped paper must observe the eguenti requirements: They must be written on stamped paper to a penny the originals of notarial instruments, and the repertoires of Notari, who can not write in the space between a row and the 'other. Private writing drawn up by Notary hand, the compromises drafted instrument for the public, or private writing, the proxy mandates, the deeds of protest of bills; the notoriety of the acts issued by Notaries, by the Courts and any other public official; the originals of civil judgments so as interim or final compromissariali either first or second, or third degree; all actions of the prosecutors and the acts of the civil court, including the precepts of eviction, court inventories, or warnings, which will last no longer lie down 'in brogliardo stationery, and for doing so is abolished; the allegations in the law prosecutors and lawyers in civil cases; applications for voluntary decrees jurisdiction and related decrees, applications for guardianship or curatorship and the minutes, public notices of judicial auctions and voluntary auctions, instances of strangers to the Council Prince to get the actual citizenship of San Marino and to get the 'authorization to buy real property placed in Italy; questions of strangers to be allowed in our public s uole and Boarding School in government; instances for government agl'impieghi competitions, without exception; all the deeds drawn up by the Economic Secretary, in the end applications to compete in auctions and government procurement. 6. - it must be written to be cent stamp card. 80 all copies of the Acts of Public Notaries, d above, including reports of deeds themselves; copies of the judgments of the civil and criminal courts of first, second and third instance, that they will never be released to extract, except if they have to serve as a simple document, or for private use; copies of all originals deposited in the State Archives; the degl'istrumenti copies drawn up by the Economic Secretariat; the private copies of consigliari resolutions and resolutions of all governmental conferences including Most Excellent Council of the Twelve; Copies of the current acts of Ecc.ma Regency; copies of the acts of any existing public document in any state office; denunciations of succession to the office of the register and cadastre; copies of acts and documents of notoriety; certificates issued by the authorities and by the priests; copies of documents issued by the school authorities; in order appraisals of public expert operators in the Republic, and any other official document issued by them. 7. - For exclusive use of the state authorities, and recognized the poor such, any document will be issued on common paper. Of such use it must make mention of it on foot and by whom the document releases. 8. - it must be written in the second half sheet of paper quality of cents worth
Forty all acts of the Commissioner's Court, s Civil Aviation, except the notices of judgments, and in art. 6. 9. - If a notice of an act can not esere including for writing in a half cents from sheet. 40, the registrar shall make use of whole sheets cent. 80. 10. - it must also be written in the from-cent stamp card. 40 all private bonds paying higher amounts to 50 pounds, and all of them bearing the private deeds obligations, promises, constraints of any kind they Sieno. 11. - it must be written to be cent stamp card. 15 all the quotes made by the court office Cursorile the Conciliator, as well as all private documents bearing the obligation to pay a sum greater than 10 pounds, and not superior to lire 50. Increase the value of the promissory notes. 12. - The state bills, presently the cent value. 5, will have the cent value. 10; those of the cent value. 10 will have the cent value. 15; those of the cent value. 15 will have the cent value. 25; those of the cent value. 30 will have the cent value. 45; those of the cent value. 50 will have the cent value. 75; those of the L.1 value will have the value of L. 1.50; those of L. value 1.50 will have the value of L. 2.25; those of L. 2 value will have the value of L. 3; those of L. value 2.50 will have the value of L. 4 .. Requirements for the use of promissory notes. 13. - No bill or is domiciled in the State or in the State is domiciled abroad, can be drawn up on plain paper or on stamped paper from abroad, except in cases of urgent necessity, in which, however the owner of the title, ntorio term of three days, must be applied to the office of the register of a postage value corresponding to that of the bill, under penalty of a fine of five times the revenue from esigersi officer dl register with the right to manoregia. 14. - The bills drawn abroad with an address in the State or taken abroad with residence abroad, but which are introduced, or the acceptance or pl payment or for any other reason in the state, if denominated in filogranata paper stamp of foreign states, or on plain paper, shall be provided, by the holders of the title, the postage corresponding to that of our bills within the mandatory two-day term value, if remittances are to pay for their acceptance or the protest; and out of these cases, within five giorn, under penalty of a fine of five times by esigersi in the ways and forms of the above. Issuance of postage and their values. 15. To use the offices of the Registry of the Court, the stamp and registry offices, the post office, in case of failure or insufficient enfranchisement of letters and parcels, and in all the cases referred in the bulletins and postal regulations, as the uses of which will be discussed hereinafter, the state issues the following eight species of postage. 16. - 1) Revenue of the cent value. 5; 2 °) of the cent value. 10; 3 °) of the cent value. 30; 4 °) of the cent value. 50; 5 °) of the cent value. 60; 6 °) of the L 1 value; 7 °) of the value of L. 5; 8 °) of the value of L. 10 .. Use of postage in place of the Registrar's fees. 17. - All pecuniary rights, both civil and criminal areas, due to the existing laws, judges and employees of the Registry, including the rights of judicial accesses, shall be abolished. The court commissioner, registrars, sliders and all other employees of First Instance can not perceive verun compensation, other than compensation for board, in the limits of pure need, and also for the transport costs. 18. - The aforementioned rights, with regard to the civil court fees are donated to the state by the replacement of postage to be applied to each individual act, the value and in the manner indicated below: and in via criminal through a proporzi tional fee to be paid in cash to the extent indicated below. Use of postage-pei court fees donated to the state. Civil Section. 19. - 1 °) For each act of judgment introductory quotation, or summary, or counterclaim, should apply, by and under the responsibility of the Chancellors, the postage value of L. 2; 2 °) of the cent value. 60 for each occurrence, response, application and deduction in acts; 3 °) of the cent value. 40 produced for each public or private documents, which must be duly registered and branded; 4 °) of the cent value. 40 interrogation question of texts; 5 °) of the value L. 2 for examination of each witness; 6 °) of the cent value. 50 to stand surety for a reason; 7 °) of L. 2 value for decision-oath or suppletorio to one of the parties;
8 °) of the value L. 2 for slander oath; 9 °) of the cent value. 30 for every simple notice; 10 °) of the value of L. 2.50 for protests, cancellations, reminders, interpellations, monitors, inhibitions; 11 °) of the L. 1 value for deputation of liquidator lites, and contests, including the oath of really dive; for proxy sent to lites by the registrar in the Proceedings; 12 °) of the value of L. 1 for each judicial deposit not exceeding the sum of L. 100; of L. 3 value for each excess deposit the said sum, and up to 500 L.; of L. 6 value for each judicial deposit etc. tooth the sum of L. 500, and for any other sum; 13 °) of the L. 1 value for each oath mastership over the same report; 14 °) of the L. 2 value for each record of the attempted conciliation or wentest into question unchallenged; L. 3 of the amount in dispute challenged; 15 °) of the value L. 1 for executive orders ordinar over to L. 50, L. and up to 100 inclusive; of the value of L. 1.50 per ordinary executive orders above L. 100 to L. 150 inclusive; the L value of 3 for ordinary executive orders above L. 150 to L. 500 inclusive; of the value of L. 4.50 per ordinary executive orders above L. 500 to L. 1000 inclusive; L. 6 of the value for ordinary executive orders above L. 1000 to L. 2500 inclusive; of the value of L. 10 for ordinary executive orders above L. 2500 onwards; 16 °) of the value L. 2 for clearance of accounts forward the Law Commissioner; 17 °) of the L. 2 value for each judgment interlocut ria; 18 °) of the value of L. 5 for each final judgment, summary or compromissariale; 19 °) of the value of L. 10 for each ordinary judgment; 20 °) of the value L. 3 for input mandates held on inventory, delivery of seized things; for the minutes of publication, or to stop the decree for debts; 21 °) of the L. 2 value for the order to hand over seized property; 22 °) of the value L. 2 minutes of comparison of records; 23 °) of the value of the order of 2 L. precept subasta; 24 °) of the L. 1 value for each other decree in question; 25 °) of the value of L. 5 per donation insinuation from L. 500 to L. 1000; of the value of L. 7.50 per insinuation donation from L. 1000 to L. 2000; of the value of L. 10 for insinuation donation from L. 2000 to L. 3000; of the value of L. 20 for insinuation donation from L. 3000 to L. 5000; of the value of L. 40 for insinuation donation from L. 5000 up; 26 °) of the L. 2 value for each contradiction between the parties; 27 °) of the value L. 2 by decree of mortgage assumption; 28 °) of the value L. 2 for seizure order, and for each sequestrator; 29 °) of 2 L. de excarcerando value per order, not restituir pledges, not eseguir mandates; 30 °) of the value L. 2 for liquidation expenses er Lativa instance; 31 °) of the value L. 2 act of interposition of Appeal, and for every person who interposes appeal, in addition to the register; 32 °) of the value of L. 5 for introductory quote of the appeal; 33 °) of the value L. 2 certificate of Interpost appeal, in addition to the register; for all of Appeal acts not included in this note, the fees will be equal to those of the first instance. 34 °) of the value of L. 5 for each instrument praetorian drawn up by the Registry; 35 °) of the value of L. 5 for each inventory drawn up by the Registry; 36 °) of the value L. 3 for transmission of each act abroad with letters rogatory to the competent authority; 37 °) for enforcement of foreign carriers judged the formula of the executive mandate, will double the fee of executive orders of our Court; 38 °) of the value L. 2 for appointment of curators and guardians that are given in the court documents, including the oath; 39 °) of the value of L. 1 to edicts of judicial auction; 40 °) of the value L. 2 for judicial auction records; 41 °) of the value of L. 1 for transmission records of cases for the judges; 42 °) of the value L. 2 irrotulazione acts; 43 °) of the cent value. 60 for each letter of office; 44 °) of the value of L. 1 for receipts and receipts in acts; 45 °) of the cent value. 30 for collating and issuing copies of documents included in the files of the case, or in other wrappers, and each sheet; 46 °) of the L. 2 value for each decree of voluntary jurisdiction, no certificate of incorporation documents; of L. 3 visura value of documents; 47 °) of the L. 2 value for each document or a copy of the Registry Certificate: 48 °) of the cent value. 60 for each certificate issued by the court, and for each reconnaissance ahead of the same signatures. 20. - All the final decrees, and all the judgments of both the first and second degree, by the party or parties must be registered, in favor of which those orders and judgments were
issued. 21. - So much for the ruling tax, as taxes on executive orders, those who question the judgment or political office, the office of the register must show the certificate to have made its filing. 22. - The registry office will perceive diitto for recording the fixed tax established by this Regulation. The registry official will have the right to require the proportional tax established by the regulation, only the executive orders issued by the Court, bear the legal formalities. Criminal Section 23. - In any supporting criminal proceedings guilty verdict of first instance for a misdemeanor of the second order, punishable, in the tenor of Art. 550 of the Criminal Code, extending fine glue L. L. 5 to 50, the offender will have to pay the fixed fee of L. 20. 24. - In any supporting criminal proceedings sentence as above, for a contravention of the first carrier order sentence to one of the fines provided for in Art. 549, and to the punishment of imprisonment not exceeding the duration of three months and cumulatively the fine and to imprisonment not exceeding that period, the offender is to pay a fee of L. 30. 25. - In any criminal proceedings for carrying conviction offense to imprisonment for a term exceeding three months, even when it is combined with the fine, he will have to pay the fee L. 40. 26. - in any supporting criminal proceedings sentence of first instance for an offense considered a crime or wrongdoing, to a penalty of up to one year of imprisonment, the convict will have to pay the fee of L. 50, if it brings conviction more than one year up to three years, he will have to pay a fee L. 75; if more than three years up to five years, L. 100. 27. - In any proceeding for crime or misdemeanor carrying conviction to the punishment of imprisonment or to forced labor by five years up to ten years, the offender is to pay the fee L . 125; by ani ten public works until the twenties, d L. 150; from twenty years to life imprisonment for life or public works, L. 200. 28. - The above fees will increase by half, if the judgment has taken place to appeal if convicted will be two, everyone will have to pay the entire tass , decreased by 25 percent; if you exceed this number, each will have to pay half of the prescribed fee. Use of postage for different uses. 29. - Outside of the official of the state government, nobody will be able to post public notices of any kind, brochures, whether printed or handwritten, or otherwise, both written on stamped paper than on plain paper, if you do not advance will bear the postage cent of the value. 5 canceled coll'apposizione Car of date. 30. - All payment receipts made out for private written, and all the mandates and receipts of payment of any kind, in excess of the sum of L. 10, and not greater than L. 100, requirements should bear the postage of the cent value . 5 bring the written word paid. All those above 100 L. requirements should bear the cent value of the postage. 10. 31. - Both the private, like the existing credit institutions in the Republic, and duly authorized by the State, at the time of payment or estinzio and a promissory note, to be applied on the same postage as cent. 5 by way of a receipt and must write on the word paid, adding the brand designation date. 32. - All criminal records issued by the Registry of the Court at the request of private of public or private use, not including those required for the local judicial authority and the foreign judicial authorities, requirements should bear the postage of the cent value. 60. 33. - All invoices or lists of dealers, when will be paid by the debtor, should be provided, by the same trader, the brand from postage cent. 5, on which it will be written the word: paid, adding brand on the appointment date. 34. - All acts presented at the office of the register, of whatever kind they may be, that will not be written in the indicated stamped paper, in addition to the fine, which will be subject in accordance with the above requirements, must also be provided, in care officer of the register and spee of those who reason, the postage corresponding to the value of the stamped paper in which such acts had to be written. For thus it is abolished the extraordinary tax, pursuant to Law 26 March 1857 on stamp duty and registration of civil acts, and on the preservation of privileges and mortgages. Of penalty. 35. - Anyone violating the requirements, referred to pr me three sopranotati leaders, will be subject to
fine of five times the value of the card and postage, from esigersi officer of the register in the ways and forms indicated. 36. - The public officials that would allow to release the documents and receive the applications referred to in this Regulation, and gave vent to questions without the formalities required, will be subject to the Law 20 from esigersi fine as above, and in case of recurrence, the fine of L. 40, unless further measures were taken to the competent authorities. Increase in stamp duty and register. Section III of the Law on the stamp and registry of civil acts delli March 26, 1857 will make the following changes: 37. - All acts that are currently registered glue perception of fixed tax of a penny, will henceforth be taxed with fixed two pounds. 38. - The proportional tax all of the acts subject to the register will have to be increased by a half percent and must be equal for all the acts listed exhaustively in Art. 80 of mentovata Law, with the exception of acts of constitution-term interest bearing loans, transfer and demotion of the same, and of any other obligation of cash and cash equivalents with no interest, and with the exception of acts of leasing and management of rustic and urban funds , extinction of censuses, foreign exchange and loans, of which the office of perc register Pira only the fixed fee prescribed above. But the acts of translational sales of census, bills and interest-bearing loans will be subject to the proportional tass. 39. - If one deed, and if it involves the nature of the act, you were to enter into various contracts, the proportional tax will perceive the individual cntrattazioni. 40. - In all acts, of whatever nature, the fixed tax on special agreements, consents, waivers of legal reserves and benefits, must be of a single lira. 41. - In addition to the acts covered by the Law Section III above, will be subject to the fixed fee of two pounds all debt securities and all bills that will be produced in civil lawsuits. Prosecutors and lawyers can not do summonses without producing acts in such securities and the aforementioned promissory notes simultaneously. 42. - where under a public instrument or a private writing drawn up by the Notary hand, bringing consensus to taking a mortgage promissory title, or other instruments of credit, you require the registration of the mortgage itself, the office the register will earn the proportional tax on the sum indicated on the license. Increase in the inheritance tax. 43. - The inheritance tax established in Art. 82 et seq of the aforementioned Law on Stamp and Registration are increased in the proportion set out below: The inheritance tax between brothers and sisters, for the Applicable Law, for every 100 shields is baj. 50, is brought to L 2 for every 100 lire; between uncle and nephew and vice versa, that is 1 for each of shields shields 100, is brought to L. 1 for every 100 lire; among relatives and similar at first instance of direct affinity which is one of shields and baj. 25 for every 100 shields, is brought to L. 2,25 for each 100 pounds; cousins, that is the fourth civil degree, which is one of shields and baj. 50 for every 100 shields, is brought to L. 2.50 for each 100 pounds; between joint in the fifth civil degree, which is of shields 2 to 100, it is brought to L. 3 for each 100 pounds; between relatives up to the eighth grade civil, which shields 3 and baj. 50 percent, is brought to L. 5 for every 100 lire; among strangers at all, including religious and regular bodies, and as for the latter, on the net assets, deducted that is bodybuilding covered by Art. 85, which is of shields 5 percent, is brought to L. 10 for each 100 pounds; for each community, colleges, and bodies lay classes, which is baj. 50 for every 100 shields, is brought to L. 2 for each 100 pounds; for charitable institutions, churches, secular corporations, colleges, hospitals and other establishments of public charity, deducted from the capital put weights, divine offices of, anniversaries, which is 1 percent of shields, raised to 3 per L. 100 lire; for illegitimate children, legitimated by a rescript of Prince, for his father's legacy, or ancestral, which is 1 percent of shields, it is brought to L 2 for every 100 lire. Transitional provisions. 1. - If the established fee for criminal trials in this Act is not sufficient to pay the Registry of the Court of the acts already made nteriormente the implementation of this Law, the more 'is borne by the condemned. 2. - a useful period of two months from the implementation of this Act shall be granted, for the registration, under the old tax, tuttele s ntenze and all the decrees of the Courts pronounced last year, and all deeds and scriptures that perchance they were not
It has been presented at the office of the scr registry or what the end will be subject to fees and fines established by current law. 3. - The Notaries will be obliged to produce at the office of the register in those two months their repertoires notary for inspection of registered acts, and for the imposition of the brand soprabollo in sheets still in white, and the Registrar of the Court civil will have to submit to the same office all the dossiers of civil cases from 1 April 1896 to 31 March 1897 under all the threat of fines established by Art. 104, 105 and 106 of the Law on March 26, 1857. For purposes of this provision the Commissioner will administer the law office of the note of the decisions and judgments registry issued in that period, but not yet registered. 4. - For the denunciations of succession, and for the execution of the contract transfers not yet carried out, it is given an equal period of two months from the implementation of this Act; the last term which will be subject to the application of the taxes established in the current Law. For the purposes of this Article the official dl register will be compelled to make appropriate inquiries of unreported sequences, and do eseguir the volture of new homes, doing work, after that period, the public expert of its choice, related expertise for the dell'estimo cadastral application and perfecting related to the owner of the same expenses, against which will exercise the right to reimbursement with manoregia.