Sub 4
The pasture rights leased to the farmers are a substitute for the pasture rights they have given up and therefore, in view of their value, retain the rights of those for whom they were given.
Sub 5
The boundaries of the separated land are marked by hedges, and the boundary register of surveyor Schwarz from September 1848, which is recognized as important by the estate administrators, is attached to the deed.
Sub 6
The dates for the implementation of this separation have been set as follows:
- Upon commencement of service and the beer allowance on St. Martin’s Day 1847, such that on this day the previous service shall cease forever and the rent specified in section 3 shall be paid on St. Martin’s Day 1848 for the first time.
- Upon entry into the forest pasture, with Martini 1847, in such a way that the land mowed for this purpose has been transferred to the ownership and possession of the farmer owners with effect from this day, and from then on the use of the forest pasture has been terminated forever.
- Upon entering the firewood and brushwood, as of April 1, 1848, such that with this date the previous usage rights have ceased forever.
Sub 7
In accordance with this agreement, both parties agree to the correction of the mortgage deeds, namely:
a. the manorial rights in the payment of the services mentioned in Sub 1, including the previous farmers’ money rent.
b. the rural property owners to relinquish the rights specified in Sub 3, should they be registered, and to register the stipulated rents therein, however, in accordance with Sub 3 of the law of June 29, 1835, with the express note that the rent is an accessory to the manorial rights of Alt Niewiemko resp: Wyszyn, and that the mortgage on the said property is to be used to dispose of them.
In addition, the tenants may, in the event of capital redemptions or difficulties arising in accordance with section 39 of the redemption regulations of July 7, 1821, secure themselves against the claims of the state for public taxes on the main estate and the real estate rent of the same by means of a mixed decision on the capital.
Submitted for execution at the Grunwald forest lodge on February 5, 1850.
M Arnais
Martin Martwich
Ludwig Matz
Johann Friedrich Mathews
Ludwig Marten
Michael Lüning
Christian Mathews
Samuel Jahns
Negotiated by Grunwald on February 5, 1850.
In the service and forest Serristus redemption from Alt Niewiemko, the deadline for execution is today, here and now.
In the service and forest Serristus redemption from Alt Niewiemko, the deadline for execution is today, here and now. Present are:
- On behalf of the manorial authorities, their representative, Mr. Arnous
- The farmer landowners
- Martin Martwich
- Ludwig Matz
- Johann Friedrich Mathews
- Ludwig Marten
- Michael Lüning
- Christoph Mathews
- Samuel Jahns
The parties are known and their capacity to dispose of their property is acknowledged, and after the blessing of today’s agreement has been repeated and the seven-part settlement agreement has been read aloud, it has been made clear that this agreement concludes the present dispute in such a way that that the parties involved in the dispute are not only entitled to the best possible settlement of the objects in question, but also have no further claims to rights which, in view of the defective redemption procedure, should have been granted to them and were overlooked.
explained as required
- the lord’s representative:
In the interests of the estate, I have no objection to the contents of the recess presented to us, approve it and am ready to fulfill it, since the terms of the agreement have been met everywhere and, according to some agreements, work has already begun. I therefore renounce all claims arising from the previous agreement against the peasant property owners and forgive them expressly upon publication of the confirmed agreement.
explained afterwards:
- The rural landowners responded, as follows:
- In the introduction to the recess, it is mentioned that the exclusion of the Landemium from the manorial rights had been provoked; the term Landmium is unknown, and our distribution records only mention the collection of the tenth groschen in the event of a sale.
We believe we know the reason for this remark, so that there is no misunderstanding between the Laudemium and the tenth groschen.
- According to the uncertain granting of the right to dig clay and collect stones on manorial land, we believe that we must make a clarification regarding this matter here, so that you will not mistakenly assume that this entitlement has been redeemed.
The farmer landlords were informed by the Konnssarand that their comment ad. 1 on the matter had no effect because “Landemium” and the payment of 10th Grosschen were equivalent, and in the latter case the Procnethatz had to be printed at the same time, and in response to comment 1, that the recess only included those counterclaims that had been put up for redemption and had actually been redeemed, and that it was expressly stated in the recess that the discussion only concerned redemption of:
a. farm labor and manual services
b. beer quotas, and
c. firewood, forest litter, and pasture rights
it being understood that all counterclaims not mentioned herein were also not subject to redemption.
Ferenm explains to the farmers that although they have the specific exemption mentioned in section 1 of the recess, the owner of plot number 7, Martin Martwitz, does not have convenient access to plot number 7, and that the same applies to the owners of plots number 6 and number 5.
However, the owners of plots 1 and 2, Ludwig Marten and Samuel Jahns, agree to allow the three aforementioned plot holders to cross over their plots and wish to settle their compensation with the commission by mutual agreement.
With these remarks, the rural landowners declare that they accept the agreement, are already prepared to pay the rent specified therein, and waive all claims to the estate and previous services, and consider the new agreement to be binding in accordance with the terms of the agreement presented today. In accordance with this, we will also undertake the recording of a separate protocol and the publication of the agreement in print, as ordered in section 201 of the ordinance of June 20, 1817. Finally, we must declare that although we live with our wives in community of property, we consider their involvement to be dispensable in accordance with sub 22 of the ordinance of June 30, 1834.
Upon this, the parties sign the agreement and, after successful presentation and acceptance, these negotiations are concluded.
- Mathias Arnous
- Martin Martwitz
- Ludwig Matz
- Johann Friedrich Mathews
- Ludwig Marten
- Michael Lüning
- Christoph Mathews
- Samuel Jahns