Decree No. 239 / 1946 Coll.

Ordinance implementing the Law of 27 March 1931, No 57 Coll., on the use of officials of a higher auxiliary judicial service in courts and judicial officers

Valid Effective from 04.01.1947
239.
Government Regulation
of 13 December 1946
implementing the Law of 27 March 1931, No 57 Coll., on the use of officials of higher auxiliary judicial services in the courts and judicial (orphan's) offices.
The Government of the Czechoslovak Republic hereby orders, pursuant to Article 1 of the Act of 27 March 1931, No 57 Coll., on the use of officials of the higher auxiliary judicial services in courts and judicial officers (s) of:
§ 1.
In the case of district courts, higher auxiliary judicial services shall be entrusted to officials to deal separately with the following matters:
1. Issue of payment orders in reminders' proceedings,
2. confirmation of the legal power and enforceability of the decision,
3. the survivor's affairs,
4. custody matters,
5. matters relating to the execution of movable material and claims on claims for cash;
6. the enforcement of criminal penalties of any kind and the costs of criminal proceedings;
7. land books.
§ 2.
(1) The judges are reserved outside the matters referred to in § 2 of Act No 57 / 1931 Coll. in matters of custody and custody also to decide to whom the guardian (guardian) is entrusted in nutrition and education, decisions on alimentation and decisions on educational, medical and protective measures referred to in § 1 of the Law of 11 March 1931, No. 48 Coll., on the criminal justice of youth.
(2) The judge of the District Court, to whom the matter is ordered by schedule of work, may reserve the handling of certain cases, otherwise entrusted to officials of a higher relief service, either at all or on a case-by-case basis. It is always for the judge to decide the issues of law at issue.
§ 3.
(1) Officials of a higher auxiliary judicial service may at all be ordered to perform auxiliary conceptual services in judicial matters and, if necessary, to carry out the work of the Registry.
(2) If an official deals with higher auxiliary judicial services separately on land-based books (§ 1, No 7), he may not at the same time arrange for the work of a letter.
§ 4.
(1) The President of the Court of First Instance shall determine, taking into account the needs of the judicial service, on a proposal from the President of the competent Court of First Instance, which of the tasks referred to in Section 1 shall be entrusted to the official of the higher auxiliary judicial service at the individual court.
(2) The powers of the President of the Court of Choirs of the II. stools referred to in paragraph 1 are exercised in Slovakia by the Justice Officer.
§ 5.
The Government Order of 12 June 1931, No 95 Coll., implementing the Law of 27 March 1931, No 57 Coll., on the use of officials of higher auxiliary judicial services in the courts and legal practitioners.
§ 6.
This Regulation shall enter into force on the seventh day following its publication; they shall be carried out by the Minister of Justice.
Gottwald v. r.
Dr Zenkl v. r.
Ursines v. r.
Fierlinger v. r.
Broad v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Lichner v. r.

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Regulation Information

CitationDecree of the Government No. 239 / 1946 Coll., implementing the Law of 27 March 1931, No. 57 Coll., on the use of officials of higher auxiliary judicial services in the courts and of the departmental (orphan) offices
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation28.12.1946
Effective from04.01.1947
Effective until-
Status Valid
The regulation text is for informational purposes only.
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