Law concerning the right of the state’s supervision in administration of property in Catholic dioceses, 7 June, 1876., 14th June, 1876

Law concerning the right of the state’s supervision in administration of property in Catholic dioceses, 7 June, 1876.

(No. 8,411.) Law concerning the right of the state’s supervision in the administration of property in the Catholic dioceses, of the 7th June, 1876.

We, William, by the grace of God King of Prussia, &c., ordain, with the consent of both houses of the Landtag, for the extent of the monarchy as follows:

§ 1. The supervision of the state over the management—

• Of the effects appropriated to the bishops, bishoprics, and chapters;
• Of the institutions, foundations, and funds destined for religious, benevolent, or educational purposes, and placed under the administration or supervision of the Catholic ecclesiastical organs which are not affected by the law of June 20, 1875; will be exercised according to the following provisions:

§ 2. The organs of administration require the consent of the states’ supervising authority in the following cases:

• For acquiring, conveying, or mortgaging real estate.
• For the sale of objects which have a historical, scientific, or artistic value.
• For an extraordinary usage of the property which will affect the substance itself, and for the calling in and withdrawing of capital so far as this is not effected for a re-investment at interest.
• For contracting loans, so far as they do not serve merely for temporary assistance and cannot be refunded from the excess of the current receipts over the expenses of the same period.
• For the erection of new buildings destined for the worship of God.
• For establishment of new burial-places or changing the use of the old ones.
• For the institution or changing of established dues.
• For the ordering, holding, and carrying into effect of collections and alms-gatherings outside of the church edifice. A house-collection made annually by order of the authorities of the bishopric, for the benefit of the poor parishes of the bishopric, does not require the special authorization of the state authority, but the time of the collection must be announced beforehand by the upper president.
• For the application of revenues of vacant positions. (Revenues of vacation, revenues of vacant benefices during the time they are vacant.)
• For the application of property to purposes not intended by the foundation.

In the case of 10 the consent is considered as accorded when the state’s supervising authority does not object within thirty days after receipt of the notice of the proposed application. Should the consent of the state’s supervising authorities not be obtained, then the transactions in the above-mentioned cases are not valid.

§ 3. The organs of administration do not require an authorization from the state’s officials for the conduct of litigation.

Certificates of legitimation of the administrating organs for the execution of legal transactions or certificates, as to the existence of those facts which form the basis of a claim for exemption from costs, can only be validly issued by the state’s supervising authority.

§ 4. The state’s supervising authority is empowered to demand the preparation and exhibition of an inventory to examine the budget and to object to the items which are contrary to the laws. The items objected to cannot be carried into effect.

The budgets of such administration as receive assistance out of the revenues of the state are to be submitted for approval to the state’s supervising authority. This authority fixes the date of the submission, it prescribes the formal preparation of the budget, and fixes the periods for the settlement of the suggestions.

§ 5. Should the organs of administration refuse:

• To place in the budget, to establish or approve the appropriations which are payable out of the property described in § 1, or for which the same is liable;
• To put in legal form the claims of the property described in § 1 in particular demands for damages arising from non-fulfillment of duty on part of the holder of an administrative position for matters concerning this property, in those cases in which the diocesan authority has the right of supervision it, as well as the state’s supervising authority acting in conjunction; in all other cases the state’s supervising authority alone is entitled to cause the claims to be inserted in the budget, and to be made valid at law, and to take the measures necessary for this purpose.

In the cases where an understanding between the diocesan and the state’s supervising authority is requisite, the authority whose assent is invoked must answer within 30 days from the time its assent is invoked. If it does not answer, it is deemed to have assented. In case of a disagreement, the appeal-jurisdiction from the state’s supervising authority decides.

§ 6. If the administrative organs contest the illegality of the items objected to under § 4, or the existence of an obligatiou to make the appropriations mentioned in § 5, sub 1, the superior administrative court decides upon the complaint of the administrative organs by means of the administrative-controversy procedure.

§ 7. The state’s supervising authority is empowered to examine the annual account, of those administrations whose budgets require the approval of the state’s supervising authority for examination, in order that it maybe determined whether the administration has been conducted in conformity with the budget.

§ 8. The state’s supervising authority is empowered to subject the administration of the property to revision.

§ 9. The state’s supervising authority is empowered to compel obedience on the part of the administrative organs to the directions contained in §§ 4, 5, 7, and 8, and to the rules established for their execution, by pecuniary fines to the extent of three thousand marks.

This fine may be threatened and imposed repeatedly until the law is complied with.

Moreover, the appropriations out of state funds for the purposes of the property described in § 1 may be retained in whole or in part, or be paid directly to those entitled to receive them.

Should the foregoing measures prove fruitless or inapplicable, the state’s supervising authority is empowered to order a management of the property-matters by a commission by application in conformity with the provisions of §§ 9 to 11 of the law of May 20, 1874.

§ 10. Which of the state’s authorities shall have the rights of supervisiou described in §§ 2 to 5 and 7 to 9 will be fixed by a royal decree.

§ 11. Concerning donations and testamentary legacies the law of 23d February, 1870, applies.

§ 12. Concerning the property of the orders and of the congregations of a similar nature to them the §§ 3 and 5 of the law of the 31st May, 1875, apply.

§ 13. The rights of property or of administration belonging to the state in the property mentioned in § 1 are not affected by this law.

§ 14. This law will go into effect on the 1st of October, 1876.

§ 15. The minister of spiritual affairs is charged with the carrying into effect of this law.

Done, &c., at Berlin the 7th June, 1876.