Saxon rural community order from 1838
The Saxon rural community order was a regulating intervention on the part of the state in the village constitution on the one hand, as well as another in the feudal easements on the other hand. With its basic norm of 1838, it created the foundations for communal self-government in the rural area in the form of the rural community (as opposed to the urban community ), as well as that for the further replacement of late feudal dependencies. In many cases it created a legalization of the actual circumstances. Adjusted several times and made necessary by other laws, it was fundamentally revised in 1873 and finally replaced completely by the municipal code of 1923 after the First World War .
history
Before 1830, the feudal structures in Saxony were falling apart . The July Revolution of 1830 provided the final impetus for a new regulation . The powers of inheritance, feudal and judicial lords were increasingly restricted , starting with the Saxon constitution of 1831 . The municipal law of the rural communities was introduced by the Saxon rural community order of 1838 (hereinafter: SäLGO 1838 ) with effect from May 1, 1839, after which mandatory service was abolished by replacement laws in 1832 and 1835, subjection to inheritance was abolished and, in general, all rural residents were able to acquire land and Ground was granted.
At that time, their regulations also replaced a large number of different rights in rural areas: Until then, there were old communities in Saxony with and without their own administration, with and without a kind of community council, as well as official and council villages (the latter were subordinate to nearby cities) and remnants of the grounds - and feudal lords. The Oberlausitz turn had in 1820 given their own municipal law, which was just as integrated as well as the municipality of freedom of individual properties (eg. As of mills, outworks, vineyards) should be repealed, as well as it required regulations enclaves to clean and mergers to form useful basic units ( corridors ) of land , with the previous, z. The sometimes overlapping competences of the courts and the police also had to be resolved.
Essential provisions
Between 1831 and 1923 or 1925, all municipalities in Saxony that had no town charter or that were not independent manor or chamber property were referred to as rural communities . The royal castles and their property as well as the forests belonging to the state property were also excluded from belonging to a rural community . Manor districts that were neither chamber nor manor, but had property-like properties, were equated with manor estates; they also did not belong to any municipality (§ 20 SäLGO 1838).
Community members of the rural communities were only those people who owned land or had permanent residence in the rural community (§ 24 SäLGO 1838).
Of the parishioners, only those who were also resident in the parish and who were not condemned had active voting rights (§ 28 SäLGO 1838).
You have been assigned to at least two classes. A further (third) class could be formed for the non-residents , but this only became compulsory in 1873; the number of persons representing the non-residents was initially not allowed to exceed a quarter of all community committee members to be elected (§ 42 SäLGO 1838).
All parishioners had the right to vote , with the exception of women, strangers, clergy and school teachers as well as those who were prosecuted (§§ 29,32 SäLGO 1838).
All community committee members were elected for six years by all community members entitled to vote (§ 43 SäLGO 1838). Their number was to be formed according to local conditions, but was at least two (community board and community elder), but no more than 27 people (§ 42 SäLGO 1838). Every two years an (approximate) third of the community council had to be re-elected (§ 44 SäLGO 1838), there was also a sufficient number of substitutes for extraordinary departing members of the community council ( e.g. death, but also when leaving the class for which they were elected (§ 49 SäLGO 1838)) (§ 45 SäLGO 1838).
The election was monitored (and confirmed, § 41 SäLGO 1838) by the newly introduced local authorities with their own powers (including the local police), which could also refuse confirmation “for serious reasons”.
On the other hand, was the non-acceptance of election or the refusal to hold office (unless he could present a valid justification in accordance with § 33 SäLGO 1838) topped with some substantial fines that the character of the refusal to officiate penalty payment had (§ 34 SäLGO 1838).
The rural community order initially regulated a certain amount of local self-government with relatively strong state surveillance (§ 8b SäLGO 1838).
The parish council , elected for the first time in 1839 , formed a unitary body that advised and decided at the same time, consisting of the parish council as an individual, one or more parish elders and several parish committee persons (§§ 36,37 SäLGO 1838), whereby the entire parish council elected parish council and parish elders for six years ( § 40 SäLGO 1838).
The community board was responsible for the external representation of the community and was responsible for the finances of the community (§ 38 SäLGO 1838), the elder was responsible for the general representation of the community board (§ 39 SäLGO 1838).
The rural community code also stipulated that the jurisdiction, which until then often coincided with the administration of one or more villages, was separated from the community administration and this was transferred to independent courts. In the case of several jurisdictions, a uniform jurisdiction had to be introduced, with hereditary jurisdiction ( patrimonial jurisdiction ) remaining in place in 1838 for the time being.
History until 1925
The rural community order was changed several times until 1855, in 1856 local authority was abolished, and it was finally replaced in 1873 by the revised rural community order , which significantly strengthened local self-government and made the three classes mandatory. After the First World War , the municipal code of 1923 and the amended municipal code of 1925 introduced uniform local law (with universal suffrage) for cities and municipalities alike, which meant that the term rural community was no longer used.
See also
literature
- Alfons Gern: Saxon local law. 2nd Edition. CH Beck'sche Verlagsbuchhandlung, Munich 2000, ISBN 3-406-45501-8 , pp. 10-11.
- AF Böhme: The rural community order of the Kingdom of Saxony together with law, the application to smaller cities and the related implementing ordinance . With explanations from the state parliament acts and consideration of the city regulations. Edited by a practical legal scholar. With complete subject index. at AF Böhme, Leipzig 1839 digitized
- Frank Andert: Rummaged in the archive - history from Radebeul: the Saxon rural community code of 1838 . In: Preview and review: Monthly issue for Radebeul and the surrounding area, issue 11/2008 , pp. 2-4. Radebeuler monthly books e. V., Radebeul 2008.