[Inclosure.—Translation]
Decree concerning the exercise of the right of
supervision on the part of the state in the administration of
property in the Catholic dioceses, of September 29,
1876.
We, William, by the grace of God King of Prussia, &c., decree,
pursuant to § 10 of the law concerning the state’s right of supervision
in the administration of property in Catholic dioceses, of June 7, 1876,
upon the motion of our state ministry, the following for the entire
monarchy:
Article 1. The rights of supervision by the
state mentioned in §§ 2 to 5, 7 to 8, of the law of June 7, 1876, are to
be exercised—
1. By the minister for spiritual affairs, acting in conjunction with the
minister of the interior, whenever his ministry is concerned—
Upon the acquisition, alienation, or hypothecation of real estate, (§ 2,
No. l,) when the value of the subject to be acquired or alienated or
when the amount of the mortgage exceeds the sum often thousand
marks;
Upon the alienation of objects having a historic, scientific or art
value, (§ 2, No. 2;)
Upon an extraordinary use of the property, which attacks the substance
itself, (§ 2, No. 3;)
Upon the erection of new buildings destined for divine service, (§ 2, No.
5;)
Upon the establishment of places of burial, (§ 2, No. 6.)
2. By the minister of finance and the minister for spiritual affairs in
the case of § 4, subdivision 2.
3. By the upper accounting-chamber in the cases of § 7, subdivision
2.
3. By the upper president in the other cases of §§ 2, 4, and 7, as well
as in the cases of §§ 3, 5, and 8.
In the cases of § 5 the minister for spiritual affairs decides in case of
opposition, and decides in conjunction with the minister of the interior
where his ministry is concerned.
Article 2. The functions mentioned in § 9 of
the law of June 7, 1876, will be exercised as follows:
Those mentioned in subdivisions 1 and 2 of the state
surveillance-authorities, who in article 1 are designated for the cases
of §§ 4, 5, 7, and 8,
Those mentioned in subdivisions 3 and 4 by the minister for spiritual
affairs, in the cases of § 4, subdivision 2, and of § 7, subdivision 2,
by the minister of finance and the minister for spiritual affairs.
Article 3. Administrative organs may appeal
from the decisions of the upper president, article 1, No. 4, and article
2, as follows:
In those cases in which the resort of the minister of the interior is
concerned, to him and to the minister for spiritual affairs.
In all other cases, to the minister for spiritual affairs.
In testimony whereof our own high signature and appended royal seal.
Done at Baden-Baden,
September 29,
1876.
[
l. s.]
- WILLIAM.
-
Fürst v. BISMARCK.
- CAMPHAUSEN.
-
Graf Zu EULENBERG.
- LEONHARDT.
- FALCK.
- KAMEKE.
- ACHENBACH.
- FRIEDENTHAL.
- V. BÜLOW.
- HOFMAN.
