472 THE CLASS STRUGGLE RECONSTRUCTION IN RUSSIA 473 The entire income from each property that yields more than 750 rubles per month is immediately to be paid into the city treasury.
Pay for the rent of quarters, and other forms of income from real estate, is to be made to the house committees. The latter, after subtracting all expenses for management and upkeep, shall pay the balance into the city treasury.
This law is to go into force at once.
Summary of a series of legal measures for proposed new courts, being worked out by Commissaire of Justice Stutchka. local court shall be organized with final jurisdiction applicable to justice in peace times, and with jurisdiction in suits involving not more than 3, 000 rubles. Such local courts will be organized on the type of the present revolutionary courts in the Viborg districts.
In the future shall be undertaken the establishment of higher courts in place of district courts.
In all these courts chairmen shall be appointed by revolutionary organizations, and temporary members chosen on the basis of general election rules. For local courts these will be chosen by the whole population.
For higher courts, members shall be chosen by the population in the district. At first, the general election will be replaced by the election of judges as in the case of the Soviets of Workers and Soldiers Delegates. When the residence of the defendant shall be unknown, the date for the trial of the case shall be set not earlier than two months from the date of the publication of the summons in the local official paper, Having ascertained personally the bona fide character of the application filed either by one party, or by both parties, the judge shall render a divorce decree, of which he shall give both parties a certificate. He shall also file a copy of the decree in the office where divorce records shall be kept. When divorce is granted to parties declaring mutual consent, the two parties shall file a statement declaring the names by which they and their children, if any, shall be known in the future.
When divorce is granted upon application by one party only, the di.
vorced parties shall, provided they agree thereto, bear the names they bore before contracting marriage, and the judge shall decide what name the children shall bear. In case of disagreement, the final decision shall rest with the local jury. When the divorced parties agree thereto, the judge shall, upon issuing the divorce decree, state which of the parties shall receive the guardianship over the minor children, and which shall bear the expense of their support and education, and also the amount of alimony, if any, which the divorced husband shall pay to the divorced wife. If the parties fail to agree thereto, the local jury shall decide what sums the divorced husband shall contribute toward the support of his divorced wife, when said divorced wife has no personal property or is unable to earn a livelihood; also which of the parties shall be appointed guardian of the minor children. Until an agreement has been reached, or a decision rendered by the jury, the local judge shall issue a provisional order stating the amount of support due by the divorced husband to the divorced wife and her children.
10. Local juries shall render decisions as to the validation of unlawful or nonconsummated marriages.
11. The present decree shall be applicable to every citizen of the Russian republic, regardless of the faith which he shall profess.
12. All the religious organizations, orthodox and otherwise, and all the constituted bodies hitherto competent to pass upon divorce applications, are hereby ordered to turn over to the relevant local court a complete record of all the divorces they have granted and of all the applications they have been considering. Persons having filed applications under the former statute are not allowed to file a Decree on divorce issued by the Council of People Commissaires. Divorce shall be granted upon application made by either party or both parties. Divorce applications shall be filed with the local courts. When application is made by mutual consent of both parties divorce shall be granted immediately by the registry office where marriage records are kept, and said office shall deliver to both parties a certificate, testifying thereto. On the day set for the examination of the case the local judge shall summon both parties to appear in person or by attorney. When the residence of one of the parties summoned to appear shall be unknown, notice of the application shall be delivered at the last known residence of the absent party or at the plaintiff residence