I hereby give My sanction to the Imperial Ordinance relating to the Registration for the Special Measures for the Establishment of Owner-farmers and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This twelfth day of the third month of the twenty-second year of Showa (March 12, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Minister of Agriculture and Forestry KIMURA Kozaemon
Imperial Ordinance No. 79
The Imperial Ordinance relating to the Registration for the Special Measures for the Establishment of Owner-farmers
Article 1. The registrations prescribed by Article 44 of the Statute relating to the Special Measures for the Establishment of Owner-farmers shall be governed by those provided for in this Imperial Ordinance.
Article 2. In each Registry Office there shall be kept the following Books:
1. File-books of Requisitions for the registration of purchase of lands;
2. File-books of Requisitions for the registration of purchase of buildings;
3. File-books of Requisitions for the registration of purchase of trees;
4. File-books of Requisitions for the registration of sale of lands;
5. File-books of Requisitions for the registration of sale of buildings;
6. File-books of Requisitions for the registration of sale of trees.
Article 3. The Prefectual Governor may request ex officio the registration for the acquisition of rights in cases where the Government shall have purchased any rights on immovables by virtue of the provisions of Articles 3, 15, 30, par. 1, 33 par. 2, 36 and 37 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the registration for the transfer of ownership in cases where the Government shall have sold any immovables by virtue of the provisions of Article 16 of the said Statute (including cases which shall be applied mutatis mutandis under Article 29, par. 2 of the said Statute) or Article 41 of the said Statute, the registration for the transfer of ownership in cases where any lands shall have been exchanged by virtue of the provisions of Article 23 of the said Statute, or the registration for the transfer of ownership in cases where the Government shall have bought any lands by virtue of the provisions of Article 28, par. 1 of the said Statute (including cases which shall be applied mutatis mutandis under Article 41, par. 3 of the said Statute) respectively.
Article 4. Each Requisition for the registration prescribed by the preceding Article shall be prepared in accordance with the Attached Form.
In cases where entries prescribed by Article 5, par. 2 or Article 15, par. 2 of this Ordinance shall be made, the Requisition mentioned in the preceding paragraph shall contain also a spare column in addition to the columns prescribed by the same paragraph.
In case where matters to be registered have been entered on the Requisition, mentioned in paragraph, a line shall be drawn lengthwise on the part of each column where it remained blank.
Article 5. In requesting the registration for the acquisition of rights in cases where the Government shall have purchased any rights on immovables by virtue of the provisions of Articles 3, 15, 31 par. 1, 33 par. 2, 36 and 37 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the column of the ground of registration and date thereof in the Requisition shall contain a statement, as the ground of registration, by virtue of which Article of the said Statute the Government shall have purchased the rights and;
if the holder of the rights concerned at the time of purchase shall not have been the same as the holder of registration, the column of the designation of the holder of registration in the Requisition shall contain the full name or title and the domicile or office of the holder of the rights concerned in addition to the designation of the holder of registration.
In requesting the registration prescribed by the preceding paragraph, if in the registry folio for the immovables concerned, there shall have been made the registration as to either ownership or any rights other than ownership, the matters to be registered for the purpose of cancellation of the registration concerned, and if, at the time of acquisition of the immovables concerned, either there shall have existed lease, emphyteusis, superficies or servitude respectively already registered on the immovables, or there shall have existed privilege, pledge or mortgage respectively already registered on the said rights, and, by virtue of the provisions of Article 12 par. 2 or 3 of the said Statute (including cases which shall be applied mutatis mutandis under Article 15 par. 2 of the said Statute), these rights shall have been deemed to be created the matters to be registered for the purpose of creation of the right concerned shall be contained respectively in the spare column of the Requisition following the order by which the registration as to the existing right shall have been made in the Registry Book. Article 6.
To the Requisition for the registration prescribed in the preceding Article, there shall be annexed a copy of the Writ of purchase, and a document showing that the Delivery or Public Notice prescribed in Article 9, par. 1 of the Statute relating to the Special Measures for the Establishment of Owner-farmers (including cases which shall be applied mutatis mutandis under Article 15, par. 2, Article 33, par. 4, Articles 34, 36, par. 3 and Article 37, par. 2 of the said Statute) has been given.
To the Requisition prescribed in the preceding paragraph, neither the written consent of the person bound to make registration nor the certificate of registration as to the rights of such person need to be annexed. Article 7.
In requesting the registration prescribed in Article 5 of this Ordinance, the Prefectural Governor may, if considered as necessary, request either the registration of change in the designation of the immovables or the holder of registration, or the registration for the transfer of ownership as the result of succession, on behalf of either the holder of registration or the successor, as the case may be.
With regard to the registration prescribed in the preceding paragraph, the provisions of Articles 46 (2), 50, par. 3, Articles 60 (2) and 63 (3) of the Statute relating to the Registration of Immovables shall be applied mutatis mutandis.
In requesting the registration of change in the designation of the immovables according to the provisions of par. 1, neither the written consent of the holder of registration as to any rights other than ownership on the immovables nor a copy of the judgement which may be set up against him need to be annexed to the Requisition. Article 8.
In requesting the registration prescribed in Article 5 of this Ordinance as to two or more than two immovables situated within the jurisdiction of the same Registry Office, even if neither the ground of registration nor the subject matter of registration may be the same, the registration may be requested with a single Requisition, taking cognizance of the object of registration of lands, buildings or trees. Article 9.
With regard to the requesting for the registration prescribed in Article 5 of this Ordinance the provisions of Article 49, item 6 of the Statute relating to the Registration of Immovables shall not, notwithstanding the provision of Article 25, par. 2 of the same statute, be applied mutatis mutandis. Article 10.
In cases where the Registrar has received the Requisitions for the registration prescribed by Article 5 of this Ordinance, he shall file them into the File-books mentioned in Article 2, item 1, item 2 or item 3 of this Ordinance following the order of their reception numbers.
In cases where the Requisitions shall have been filed in accordance with the provisions of the preceding paragraph, the File-book concerned shall be deemed to be a part of the Registry Book, and the registered matters the registration of which was requested by virtue of the Requisition as well as the matters stated in the spare column of the Requisition concerned shall be deemed to have been registered at the time of filing thereof, and the order of the registration shall be fixed by that of their statement of the Requisition.
In cases where the Registrar has filed the Requisitions in accordance with the provisions of this Article par. 1, he shall state the number of volume of the Registry Book into which the registry folio for the immovables concerned has been filed and the registry number in the column of the number of volume of Registry Book and registry number, and a new rank number in the rank number column of the Requisition following the order of registration in the Registry Book concerned. Article 11.
In cases where, by virtue of the provisions of the preceding Article par. 2, the registration of the matters to be registered for the purpose of cancellation of the registration prescribed in Article 5, par. 2 of this Ordinance shall have been deemed to be made, the registrar shall strike out the registration to be cancelled appearing in the Registry Book with red ink. Article 12.
In cases where, as to the immovables deemed to have been registered by virtue of the provisions of Article 10, par. 2 of this Ordinance, either an application or a requesting for a new registration (with the exception of the requesting as prescribed in Article 15 of this Ordinance), or a notice according to the provisions of Article 100- (2), par. 1 of the Statute relating to the Registration of Immovables shall have been made or given, as the cases may be, the registrar shall state the registered matters which shall have been deemed to be registered by virtue of the provisions of Article 10, par. 2 of this Ordinance, but have not been cancelled, and the rank number thereof in the fact column of the proper section and the rank number column of the Registry Book respectively, and then shall make a new registration. The same rule shall be also applied to cases where, by virtue of the provisions of Article 9 of the Statute relating to the Registration of Immovables, either the Registry Books and documents pertaining thereto, or copies of the Registry Books and documents pertaining thereto or copies thereof shall be transmitted.
In cases where, in accordance with the provisions of the preceding paragraph, the registrar has made entries in the Registry Book he shall enter to that effect and the date in the remark column, of the Requisition concerned which was filed in accordance with the provisions of Article 10, par. 1 and affix his seal thereto.
In cases where the registrar has made entries in the remark column in accordance with the preceding paragraph, he shall strick out the registered matters which shall have been deemed to be registered by virtue of the provisions of Article 10, par. 2 of this Ordinance, but have not been cancelled and the rank number thereof with red ink.
In cases where the registrar has made entries in the fact column of the Registry Book in accordance with the provisions of paragraph 1, he shall enter at the end of the registration, from which page and which volume of which File-book he has made such entry, and the date, and shall affix seal thereto. Article 13.
In requesting the registration of ownership as to the unregistered lands which the Government have purchased by virtue of the provisions of Article 30, par. 1 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the Requisition shall contain a statement that by virtue of the provisions of the same paragraph the Government shall have purchased the lands.
In cases where, on requesting the registration prescribed in the preceding paragraph, the registrar has made the entries prescribed by Article 50, par. 2 of the Statute relating to the Registration of Immovables he shall state at the end of the entries that by virtue of the provisions of Article 30, par. 1 of the Statute relating to the Special Measures for the Establishment of Owner-farmers the Government have purchased the lands. Article 14.
The Prefectural Governor may, if considered as necessary, apply the closing of the registry folio in respect of any lands purchased by the Government by virtue of the provisions of Article 30, par. 1 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, of which the acquisition of ownership has been deemed to have been registered by virtue of the provisions of Article 10, par. 2 of this Ordinance, or of which the registration of ownership has been made on requesting the registration prescribed by the preceding Article.
On the application prescribed by the preceding paragraph, the Registrar shall close the registry folio concerned. Article 15.
In requesting the registration for the transfer of ownerships in cases where the Government shall have sold any immovables by virtue of the provisions of Article 16 including cases which shall be applied mutatis mutandis under Article 29, par. 2 of the said Statute or Article 41 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the column of the ground of registration and date thereof in the Requisition shall contain a statement, as the ground of registration, by virtue of which Article of the said Statute the Government have sold the rights.
In requesting the registration prescribed by the preceding paragraph, if there shall have existed any rights already registered which has lapsed either by virtue of the provisions of Article 22, par. 1 of the said Statute (including cases which shall be applied mutatis mutandis under Article 29, par. 2 of the said Statute) or as the result of confusion, the spare column of the Requisition shall contain the matters to be registered for the purpose of cancellation of the registration concerned according to the order by which the registration as to the existing right has been made in the Registry Book. Article 16.
To the Requisition for the registration prescribed in the preceding Article, there shall be annexed a copy of the Written Notice of Sale as a document showing the ground of registration.
To the Requisition prescribed by the preceding paragraph, the certificate of registration as to the rights of the person bound to make registration need not to be annexed. Article 17.
The registration for the preservation of preference in cases where the Government has sold any immovables by virtue of the provisions of Article 16 (including cases which shall be applied mutatis mutandis under Article 29, par. 2 of the said Statute) or Article 41 of the Statute relating to the Special Measures for the Establishment of Owner-farmers may be requested with the same Requisition as that for the registration for the transfer of ownership as the result of sale of the immovables concerned.
In requesting the registration for the preservation of preference prescribed in the provisions of the preceding paragraph, the provisions of Article 6, par. 2 of this Ordinance shall be applied mutatis mutandis. Article 18.
With regard to requesting the registrations prescribed in Article 15 of this Ordinance and the preceding Article, par. 1 the provisions of Articles 8, 10 and 11 of this Ordinance shall be applied mutatis mutandis. In this case the words "item 1, item 2 or item 3" appearing in Article 10, par. 1 of this Ordinance shall read "item 4, item 5 or item 6," and the words "Article 5, par. 2" appearing in Article 11 of this Ordinance shall read "Article 15, par. 2," respectively.
In marking a new rank number as to the registration for the preservation of preference prescribed by the provisions of the preceding Article par. 1 in accordance with the provisions of Article 10, par. 3 of this Ordinance to be applied mutatis mutandis under the preceding paragraph, the same shall be marked according to the order of registration in the Registry Book (including whatsoever has been deemed to be a part thereof in accordance with the provisions of Article 10, par. 2 and also the order by which the matters to be registered have been stated in the spare column of the Requisition of the registration mentioned in Article 15.
Article 19. In cases where the registrar has filed the Requisitions in accordance with the provisions of Article 19, par. 1 of this Ordinance applied mutatis mutandis under the preceding Article he shall forthwith enter the registered matters which shall have been deemed to be registered by virtue of the provisions of Article 10, par. 2 of this Ordinance applied mutatis mutandis under the preceding Article, but have not been cancelled and the rank number thereof in the fact column of the proper section and the rank number column of the Registry Book respectively.
In the case mentioned in the preceding paragraph the provisions of Article 12, par. 2 to par. 4 of this Ordinance shall be applied mutatis mutandis.
Article 20. With regard to the registration for the transfer of ownership on lands by virtue of exchange in accordance with the provisions of Article 23 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the provisions of Article 5, par. 1 and Articles 7 to 9 of this Ordinance shall be applied mutatis mutandis.
Article 21. In requesting the registration prescribed by the preceding Article a copy of the document showing the exchange may become a document showing the ground of registration to be annexed to the Requisition.
To the Requisition prescribed by the preceding paragraph, neither the written consent nor the certificate of registration as to the rights of the person bound to make registration, nor the document showing the permission, approval or consent of a third person as to the ground of registration need to be annexed.
Article 22. In requesting the registration for the transfer of ownership as to the agricultural land which the owner of any tenant-farmer land shall have acquired as the result of exchange prescribed by the provisions of Article 23 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, if there shall have existed preference pledge or mortgage respectively already registered on the tenant-farmer land concerned, the Requisition shall contain the designation of the right already registered concerned as to the tenant-farmer land in the remark column thereof.
Article 23. In cases where, on requesting the registration prescribed by the preceding Article, the registration for the transfer of ownership shall have been made, if there shall have existed preference, pledge or mortgage respectively already registered on the tenant-farmer land concerned, and, by virtue of the provisions of Article 24, par. 2 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, the right concerned shall have been deemed to exist on the agricultural land acquired by the owner of the tenant-farmer land, the Registrar shall except in the case prescribed in Article 24, par. 2 state the registration as to the right in the fact column of the proper section of the registry folio for the agricultural land concerned, a statement at the end thereof, from which rank number and which registry number he has made the registration because the right concerned has been deemed, by virtue of the provisions of Article 24, par. 2 of the said Statute, to exist on the agricultural land acquired by the owner of the tenant-farmer land, and the date of reception of the Requisition and the reception number, and affix his seal thereto.
In cases where the Registrar shall have made the registration prescribed by the preceding paragraph, he shall state in the fact column of the proper section of the registry folio for the tenant-farmer land concerned, a statement with which rank number and which registry number he has made the registration as to the right concerned by vitue of the provisions of Article 23, par. 1 of this Ordinance, and the date of reception of the Requisition and the reception number, and shall affix his seal thereto.
After having carried out the proceeding prescribed by the preceding paragraph, the Registrar shall strike out with red ink the registration as to the right concerned.
Article 24. In requesting the registration prescribed by Article 22 of this Ordinance, if the tenant-farmer land concerned shall have been situated within the jurisdiction of the other Registry Office, and, on the same land, there shall have existed preference, pledge or mortgage respectively already registered, to the Requisition for the registration, there shall be annexed a copy of the Registry Book as to the tenant-farmer land concerned.
In cases where, on requesting the registration prescribed by the preceding paragraph, the registration for the transfer of ownership shall have been made, if there shall have existed privilege, pledge or mortgage respectively already registered on the tenant-farmer land concerned, and, by virtue of the provisions of Article 24, par. 2 of the Statute relating to the Special Measures for the Establishment of Owner-farmer, the right concerned shall have been deemed to exist on the agricultural land acquired by the owner of the tenant-farmer land, the Registrar shall state the registration as to the right concerned in the fact column of the proper section of the registry folio for the agricultural land acquired by the owner of the tenant-farmer land, from the copy of the Registry Book annexed in accordance with the provisions of the preceding paragraph at the end thereof, the designation of the tenant-farmer land concerned and that he has made the registration from the copy of the Registry Book as to the tenant-farmer land because the right concerned has been deemed, by virtue of the provisions of Article 24, par. 2 of the said Statute, to exist on the agricultural land acquired by the owner of the tenant-farmer land, and the date of reception of the Requisition and the reception number, and shall affix his seal thereto.
After having made the registration prescribed by the preceding paragaaph, the Registrar shall forthwith give notice to that effect to the competent Registry Office of the tenant-farmer land concerned.
In cases where the competent Registry Office of the tenant-farmer land shall have received the notice prescribed by the preceding paragraph, the Registrar thereof shall forthwith state in the fact column of the proper section of the registry folio for the tenant-farmer land the matters of which notice has been given in accordance with the provisions of the same paragraph, that the said notice has been given, and the date of reception of the notice and the reception number, and shall affix his seal thereto.
In the cases prescribed by the preceding paragraph, the provisions of the preceding Article par. 3 shall be applied mutatis mutandis.
Article 25. On the claim of the person entitled to registration, the Prefectural Governor shall request the registration for the transfer of rights as the result of exchanging either lease or emphyteusis existing on the agricultural land to be sold by the Government for either lease or emphyteusis existing on the agricultural land not to be purchased by the Government, in accordance with the provisions of Article 25 of the Statute relating to the Special Measures for the Establishment of Owner-farmers.
In requesting the registration prescribed by the preceding paragraph, if there shall have existed preference, pledge or mortgage respectively already registered either on the lease or on the emphyteusis transfered to the opponent of the person entitled to registration, and, by virtue of the provisions of Article 24, par. 2 of the said Statute applied mutatis mutandis under Article 25, par. 6 of the said Statute, the former right shall have been deemed to exist either on the lease or on the emphyteusis acquired by the persons entitled to registration, the Requisition shall contain the designation of the right already registered concerned as to either the lease or the emphyteusis transfered to the opponent in the remark column.
With regard to the registration in accordance with the provisions of paragraph 1 the provisions of Article 4, pars. 1 and 3, Articles 7, 8, 23 and the preceding Article of this Ordinance shall be applied mutatis mutandis.
Article 26. In requesting the registration for the transfer of ownership in cases where the Government shall have bought any agricultural lands by virtue of the provisions of Article 28, par. 1 of the Statute relating to the Special Measures for the Establishment of Owner-farmers (including cases which shall be applied mutatis mutandis under Article 41, par. 3 of the said Statute), to the Requisition, there shall be annexed a document showing the formation of sale of the agricultural land concerned.
In requesting the registration prescribed by the preceding paragraph, the provisions of Article 6, par. 2 and Article 7 of this Ordinance shall be applied mutatis mutandis.
Article 27. In cases where the Government shall have purchased any agricultural establishments by virtue of the provisions of Article 15 of the Statute relating to the Special Measures for the Establishment of Owner-farmers, if, as to the agricultural establishments, there shall have been made the registration for the creation of mortgage in accordance with the Statute relating to the Credit on Agricultural Movables, the prefectural Governor may request the cancellation of the registration for the creation of mortgage.
In the cases prescribed by the preceding paragraph, the provisions of Article 6 of this Ordinance shall be applied mutatis mutandis.
In requesting the cancellation of the registration prescribed by paragraph 1, if the owner of the agricultural establishments at the time of purchase shall not have been the same as the holder of registration appearing in the designation column of section A, the column of the designation of the holder of registration in the Requisition shall contain the full name or title and the domicile or office of the owner concerned in addition to the designation of the holder of registration.
Article 28. Except in the cases prescribed specially in this Imperial Ordinance, the registration mentioned in Article 44 of the Statute relating to the Special Measures for the Establishment of Owner-farmers shall be governed by those prescribed in the Statute relating to the Registration of Immovables, the Statute No. 22 of 1909, the Ordinance concerning the Registration for Mortgage of Agricultural Movables and the Ordinance concerning the Special Procedure of Registration in Wartime.
Article 29. Detailed regulations whatsoever shall be considered as necessary for the purpose of enforcement of this Imperial Ordinance, shall be prescribed by the Minister of Justice.
Supplementary Provision:
The present Ordinance shall come into force as from the day of its promulgation.
Attached Form
Requisition for the registration of Lands (Buildings or Trees)
As seen in the enclosed paper, I request the registration
Date
Governor of Prefecture (Governor of Tokyo Metropolis or Governor of Hokkaido) Signature and Seal
To Local Court (Branch of Local Court)
(Attached paper)
(The size of paper shall be Japanese Standard B 4.)
【図】