Stock book
Stock books were in the Duchy of Nassau , the predecessor of today's land registers .
history
With the increasing formalization of civil law in the 19th century laws were passed in many states to establish public register of land and burdensome on mortgages as the Prussian mortgage and Bankruptcy Act of 14 April 1722. In the Principality of Nassau-Usingen emerged as the Kontrakten- and mortgage regulations of March 21, 1774, the effectiveness of which was extended to the entire Duchy of Nassau by edict of June 4, 1816. After that, storage or stock books were to be set up in every community. Sales or encumbrances of land had to be certified by the state college and entered in these registers. The administration of the registers was carried out by newly established field courts, which were established in each municipality and consisted of two to six members. The mayor was in the chair. These registers were considered incomplete. The main reason was that both real estate sales and mortgage agreements were effective even without an entry in the registers. Actually, the registers should also be used as a tax cadastre, but due to the lack of gaps there were also separate tax registers.
The stock books were reorganized in the Duchy of Hesse with the law on the entry of real rights to real estate to be kept public books of May 15, 1851 (as well as the law on lien and the ranking of creditors in bankruptcy from the same day). On February 25, 1852 an ordinance on the execution of this law and on May 31, 1854 an instruction for the country high schools and field courts were issued.
The stock books now consistently contained a list of all properties with owners and all the basic loads on them. In order to ensure completeness, changes in the land registers were only allowed to be made on the basis of public deeds and property acquisition was only possible with an entry in the stock register. The stock books were kept in two copies. The original was carried out by the regional high school authority of the respective office , the copy was kept by the responsible field court.
The stock book also served as a tax register. According to this function, the owners were not organized according to the properties, but according to the owners. There are annexes to the stock books that are organized by year. Series I contains sales of property, and Series II contains property restrictions.
In Prussia
After the annexation of the Duchy of Nassau by Prussia in 1866, the stock books remained in use. Due to the Prussian law of August 19, 1895, the Prussian land register order of May 5, 1872 was introduced in the area of the previous Free City of Frankfurt and the former Grand Ducal Hessian and Landgrave Hessian parts of the province of Hessen-Nassau . The former Duchy of Nassau was not affected by this measure. It was not until the introduction of the Civil Code in 1896 that extensive standardization took place. With an ordinance of December 11, 1899, the stock registers in Nassau were replaced by the new land registers. Even before that, the task of keeping the stock books had been transferred to the local courts with the Reich Justice Acts of 1879 .
literature
- Codex of Nassau Mining Law, compiled from the collections of laws of the Duchy, Verlag L. Schellenberg, 1858, p. 35, digitized
- Ordinance concerning the stock books of January 5, 1853, digitized
- HHStAW inventory 362/29