Section 2
All farmer owners of Gembicer Hauland renounce all and any wood and grazing rights in the manorial forests, the Krug owner Martin Warnke (Wanke) also firewood and for the grazing of the sheep most rightfully and for perpetual times.
Section 3
For this purpose, the lord of the manor grants to the farmer owners in Gembicer Hauland, with the exception of Martin Krueger and Johann Wegner, whose relationships to the lord of the manor shall be more closely determined by the following sections 5 and 6, the following properties listed on Preibisch’s map of 1826:
- in the so-called Gembicer Olszyna: the Salpeter Mountains 19 Morgen 73 Quadratruthen (marked A)
- in the Gembice meadows of the lordships 11 Morgen 155 Quadratruthen (marked B)
- The forest area between the colony and the new border 47 Morgen 179 Quadratruthen (marked D)
- the same 13 Morgen 75 Quadratruthen (marked E)
- likewise, to the crossroads 14 Morgen 140 Quadratruthen (marked F)
- to the border with Polajewo Hauland 232 Morgen 27 Quadratruthen (marked G)
Marked A
Marked B
Marked D and E
Marked F and G
at all = 339 Morgen 109 Quadratruthen
written: three hundred nine and thirty Morgen one hundred and nine Quadratruthen.
With the wood located thereon: /except for that already cut into fathoms, which the landlord must remove in the winter of 1829-1830:/ to a true and common property, such that they may freely dispose of it among the living and upon death within the limits of the general laws of the land.
Section 4
The area granted to the farmers as property according to section 3, which is contiguous to the land already owned by them at the time of the separation, shall be used by them jointly in proportion to their nominal property status as specified in section 1.
An exception to this, however, are the three farmers Michael Reichert, Johann Kassner, and Peter Liening, who only take part in the above-mentioned land settlement with two thirds of their nominal property as shown in section 1.
According to these measures, their participation rights shall also be assessed in the event of a later valuation of the joint settlement land.
Section 5
The owner Martin Krueger, who is entitled to the same timber and grazing rights in the manorial forests as the other landlords, has, as already mentioned in Section 3, no share in the land division area granted to the other landowners.
For the renunciation of his rights, the lord of the manor grants him an area of land of 10 morgen 75 square rods, written as C on Preibisch’s map of 1826, adjoining the feudal estate: for free and voluntary ownership, with the wood stock consisting of it.
Marked C
Section 6
The previous relationship between the manor and the farmer owner Johann Wegner with regard to the rights to which he is entitled with the other farmers in the manor’s forests is hereby terminated and determined by both parties in agreement for the future in the following manner.
The lord of the manor grants Johann Wegner free ownership of a wooded forest area of 26 morgen and 110 rods, marked “H” on the map, located between his property and that of Gottlieb Tomm, and grants him the same ownership rights to the lake located on the border with Wiszyn and on his properties, with the specific obligation that Wegner and his descendants shall be given a place suitable for pulling out the net, free of charge, where the lake borders the manorial lands.
For the granting of the forest area in question and for the surrender of the lake, the Wegner not only renounces his timber and grazing rights in the lord’s forest, but also accepts, in addition to the old rent mentioned in section 1, to pay an annual fixed monetary rent of 30 Thalers half at Jacobi (July 15th) and New Year’s Day each year to the lordship of the manor.
The use of the lake was transferred to Wegner on July 24, 1830, and on that day the first half of his rent was paid to the manor.
Marked H
Section 7
The occupation of the land granted to the farmers for their timber and pasture rights has already taken place on 29 September 1830 to the satisfaction of all interested parties and this day has been set by the latter unanimously as the date of execution of the timber and pasture redemption.
Half of the wood cut during the fencing belongs to the lord of the manor, and half to the farmer owners, the latter according to the proportion of the right to participate in the compensation area granted to them.
However, this last decision has no influence on Martin Krueger and Johann Wegner, since the former is completely compensated by the forest area granted to him and the latter receives only half of the wood that was cut on the line leading through the forest to his property, while the other half belongs to the lord of the manor.
Section 8
The two owners, Michael Reichert and Johann Kassner, were each obliged to perform six days of manual labor annually for the manor.
The lord of the manor shall release the said farmers from these services for perpetuity, in return for which each of them shall take over a fixed, redeemable annuity of one Thaler to be paid annually at St. Martin’s pre-counting day (November 11th).
The provision of these services ceased in the autumn of 1829 and the first pension payment began on St. Martin’s Day 1830.
Section 9
As mentioned in the beginning of this recess, the lordship of Gembic was entitled to the personal beverage rights and the right of krug-owning in Gembicer-Hauland.
The lord of the manor hereby renounces these rights for perpetuity for the benefit of the farmers in such a way that in the future they can take the needs of their drinks from any kind they want and have them freely and undisturbed shipped in Gembicer-Hauland.
For this renunciation of the lord of the manor, the farmer owners jointly undertake to pay 28 Thalers annually to the dominium Gembic at the same time as their rent mentioned in Section 1, promptly and without delay, and to renounce the lawsuits brought against the lord of the manor at the Royal District Court of Schneidemühl on account of beverages, as well as to bear the judicial costs already incurred.
The serving of the manorial beverages in Gembic-Hauland was up to now the responsibility of the owner of the krug Martin Warnke, for which he used a half hufe of farmland free of rent.
He is released from his liquor obligation by this settlement with the lordship, retains ownership of half of the liquor hufe and, from the date of execution of this settlement, pays the entirety of the remaining 38 “hauländer” mentioned in section 1 an annual unchangeable rent of 3 thalers 15 silbergroschen at Martinmas of each year, in which they participate in proportion to the lordly interest designated in the same place.
The execution date of this redemption is the first of October 1830 and the first interest payment occurs on Martini 1830.
The Krug
Section 10
The owner Michael Krueger has ceded a piece of land of 155 Quadatruthen, marked on Preibisch’s map by 1 and 2, to the manor for the better delimitation of his property and received from the manor an equally large area, marked on Preibisch’s map with 3, of the manorial forest together with the wood standing on it as property.
Section 11
The school was endowed with fifteen kulmischen Morgen by the lord of the manor when the privilege was granted on November 11, 1735.
The School Property
Section 12
The authority previously granted to all owners to take the clay required for the construction of their buildings from manorial land shall also remain with them in the future. The location of the clay pit is determined by the lordship of the manor.
Section 13
The lord of the manor gives the farmer owners three thousand pieces of bricks once and for all, which they were obliged to collect by mid-October 1829, and allows them to collect the field stones required for the construction of their buildings on his land until 1840, on condition that no damage is caused to him as a result.
Section 14
The two main roads from Gembic to Radom and from Radom to Grabione, which pass through the “hauländere”, are graded by all the peasants in proportion to the other inhabitants of the Gembic dominion.
Section 15
All later privileges than those granted by the manor to the farmer owners in the years 1735 and 1736 are herewith revoked and it is established that the farmers’ relationship to the manor, as far as the subject of the redemptions dealt with in this recess, shall be judged solely and primarily according to these two privileges.
Section 16
All interested parties consider themselves to be fully compensated and settled by this settlement for the rights and obligations granted to each other and settled by this recession, and they agree to the following:
- the lordship of the manor in that: that the land granted to the farmer owners under sections 3, 5 and 6 shall be written off in the mortgage book of the manor.
- all owners in that: that according to section 9 for the redemption of the beverage obligation assumed rent is entered in their mortgage books.
- Martin Warnke therein: that the rent taken over according to section 9 for the hitherto rent-free used half hufe is noted in the mortgage book of his property.
- Johann Wegner therein: that the rent assumed by him in accordance with section 6 be entered in the mortgage book of his property.
- The two farmers Michael Reichert and Johann Kassner in it: that the transformation of their previously performed manual services into a fixed money annuity be noted in the mortgage book.