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Legal work of the Middle Volga specific districts on reforming of the agrarian legislation in the 80-90th years of the 19th century



s. E. Maximov

LEGAL WORK of S R E D N E V O L Zh S To THEIR SPECIFIC DISTRICTS ON REFORMING of the AGRARIAN LEGISLATION

In the 80-90th YEARS of the 19th CENTURY

Work is presented by department of history of the Tolyatti state university.

The research supervisor - the candidate of historical sciences, associate professor I.P Plekhanov

In article the process of change of the agrarian legislation concerning rent the relation in specific farms is analyzed. At scrap two approaches to the solution of economic tasks but increase in profitability of land use are allocated. The first is defined, introduction of new articles to the main legal documents of specific department, the second - creation of rules about use of specific grain warehouses. Conclusions are based on the regional statistical data of N materials of the current archives of regions of Central Volga area.

Rent relations in the imperial agrarian legislation are analysed in the article. The author considers the two approaches to solving economic tasks in the imperial economy of Volga regions. The first one is determined by introducing new juridical articles, second one is characterized by creating rules on usage of grain storehouses. The conclusions are based on the regional statistical data and current archival materials of Volga regions.

The reform which is carried out in 1863 on besides change political стату-^свобождению specific peasants led, sa the farmer, to revision of all its what

comic activity, including also the rent relations which begin to play one ich important roles in receiving the specific capital. In conditions malozemelya peasants it allowed to pursue, on the one hand, the overestimated price policy, and with another - gave the chance of administration of specific farms to attract more wealthy people. Weight these innovations could not do without revision of specific legal acts. Not accidentally therefore within the first post-reform decades Department of destinies conditions and legal standards for the new land relations were acquired. At the same time built the polygeek it was characterized also by activization of the local authorities making proposals on the most topical issues of regional economy. All this became with one purpose - not to allow decrease in volumes of monetary receipts and whenever possible to increase them.

This article is designed to analyze legal documents of destinies in the field of the rent relations during the post-reform period and to show their role in creation of the bourgeois legislation on rural production.

The choice by the author of a subject of a research is caused, first, by weak illumination of this question both in Soviet, and in a modern historiography, secondly, the aspiration to show influence of lawmaking on process of formation of highly profitable rent of specific grounds on average the Volga region at the end of the 19th century

It is known that in the 80-90th of the 19th century a mudflow bevel the economy of Russia endured the difficult period. It was connected with falling of the prices of domestic wheat and a rye, caused by supply of cheap American grain to Europe; with industrial upsurge that led to increase in capital investments to the industrial sphere; with policy of customs protectionism of the government which was extremely negatively perceived by exporters of grain. Besides, the end of the 19th century is noted perio-

the lady of the crop failures leading to considerable weakening of country farms.

The similar situation was inherent also in specific farms with their agricultural way of production. Accumulation by 90th of the 19th century of the huge sum of shortages on rent payments became the most sensitive issue. In comparison with the 1860-1870th when destinies received less profits from 62 to 181 thousand rubles (4.20-6.93% of the total amount of receipts), by 1890th this rate was already 783 thousand rubles (or 15.61%)&. The Middle Volga specific farms won first place in the list of debtors. The Samara specific office, for example, owed to the center 148 thousand rubles while the All-Russian rate of shortages was 165,650 rub. Such adverse situation forced Department of destinies to provide to the Samara specific tenants payment by installments for 10 years that. however, did not change a situation. At the end of the 1880th. The Samara specific office continued to report on short-reception of rent payments.

The similar facts are traced also in the Simbirsk specific office. Here only under the forest okladny articles in 1891

4

the sum of shortages was 1180 rub 75 kopeks. Emergency measures on targeting of a financial order were necessary. Development of new conditions of rent contents of specific articles became one of the directions.

Starting drawing up these legal acts, the specific administration had to define first of all the main source of non-payments and depending on results of checks to try to weaken influence of this prime cause through laws.

According to specific agrarian experts, financial debt was caused by not solved up to the end economic problems of the former specific peasants. It. first, a malozemelya of peasants that forced community members to lease many arable grounds, with

which processing most of farmers could not cope. Secondly, absence at peasants of necessary number of the cattle, stock. And at last, thirdly, full illiteracy of certain tenants in a question of scientific maintaining sels-5

whom economy.

Were specified in reports of local bodies of the specific power as well other reasons. The power especially paid attention to one of them. It concerned economic discipline of tenants without which it was difficult to solve a problem of non-payments. And from it the legal base of the specific legislation on the rent relations began to change.

First of all the new term of collection of a monetary quitrent was entered: the sum needed to be granted in March and September now. Here a certain privilege in time as previous years showed insolvency of country payment during the winter period when cash expenditures of farmers went, mainly, for purchase of fuel, forages for animals, agricultural stock, objects of country life was provided to tenants. The spring allowed the tenant, taking into account his expenses, to decide more accurately on the number of the removed earth. At the same time specific administration estimated work of the tenant on the previous harvesting and payment regarding further cooperation with it.

It should be noted also that the authorities steadily adhered (and in the 1890th it is even too strict) to point of introduction of monetary pledge. It tried to achieve guarantees of obligatory receipt of money and attraction to rent of the stable solvent population. Even the provision on providing pledge in the form of securities, but with the reservation was entered that percent on them will go to fund of destiny. The mortgage system was not end in itself of specific administration which needed to be reached by all means. On the contrary, establishment of pledge had to force first of all

the tenant not to break technological process of processing of the earth. A negative side of a question of pledge for the tenant was that if desired the farmer the consent of the specific authorities which could receive double benefit from this situation was required to change a pledge form: to demand in exchange more valuable (for example, credit papers) a subject.

In addition to everything in rules of rent articles according to which failure to pay quitrent money could turn back utter ruin for farmers disappeared. For example, complete cessation of cooperation with debtors. But orders on collection of a penalty and monetary charges remained (half-kopeks from ruble for each overdue month) under an indispensable condition: to consider a part of month month, and a part of ruble - ruble. The fact that at the same time the sum of penalties did not change in comparison with previous years attracts attention. And it first of all was favorable to tenants as, for example, penalties increased in landowner farms, and in specific lands the tenant obviously saved money. For specific administration the benefit consisted, mainly, in preservation of number of tenants and in involvement in the future of the former landowner farmers to the grounds.

Changes concerned also office-work. The tenant was allowed to look through the financial documents on earth renting at any time and even after the rent termination now. Earlier peasants had only the semi-annual term after which to receive the papers in this question became business very problematic. Big explanatory work with tenants on careful attitude to receipts on payment of money began to be carried out that allowed officials to exercise better appropriate control in order to avoid excess judicial proceedings with tenants and inappropriate use of money.

There were uzhestochenena of the rule of processing of rent sites. Now tenant

obliged to divide the earth into three fields (were limited to two earlier) with an indispensable condition to sow one of them winter grain, another - summer, and to leave the third under steam. On the last field the tenant was allowed to arrange mowing and pasturage of the cattle. Such strict rules were quite explainable as, receiving lands, some tenants assumed serious violations in technology of grain production that led to reduction of a harvest, easing of fertility of arable plantations.

Besides, in former years the facts of use of others territories were elicited. Especially it was shown in forest plantations, adjacent to arable grounds, where together with cutting tried to adjust the system of the hidden processing of fields.

All this demanded from specific administration of adoption of tough financial sanctions: in addition to the existing 12-ruble penalty for each sowed tithe and returns of the made harvest on others earth the new penalty for the wrong crop rotation of-6 rub from tithe was introduced. At the same time to the tenant in the latter case the indulgence became: behind it all harvest remained.

by

strengthened requirements and for illegal plowing-up of haying fields by tenants. If in the 70-80th such violations led only to removal of the disobedient tenant from the processed site, then the large penalty - ■ 25 rub for each tithe of a mowing was imposed now.

The right of destiny not to accept a claim from tenants after signing of the contract remained. But this measure was dictated by exclusively economic reasons as forced the tenant to correlate the opportunities to requirements, to attentively study earth merits and demerits, accustomed him to reasonable housekeeping.

Also point on which they could now quietly was facilitated for tenants,

after the end of all works, in three-months time to move and transport the property (dwelling, stock, the cattle) without haste. This change was directed to elimination of disorders when changing farmers when the new tenant could not get to work normally. These time frames allowed the old tenant not to hurry with refusal of the rent contract, and thoroughly to think over everything.

Tenants were allowed to get factories, the plants, trade institutions now, to make getting of natural minerals, to build stone constructions. Especially it concerned wealthy tenants as, being engaged in other works, they necessarily promoted creation of wider network of roads, warehouses, a construction of wells, dams, doing thereby the area of agriculture more equipped and attractive.

There were also new duties of tenants. To them was imputed to process, for example, in addition 1/10 more part of tithes from the total area of the removed site and to pay for them.

In a question of maintenance of other specific property (for example, mills) the tenant was obliged to repair these objects in a certain time now. If it did not do it in time, then the destiny repaired an object at own expense, but then collected the spent means. Before signing the contract, the tenant was granted the right to attentively examine constructions and, at the consent, to sign the protocol, having noted debugged. Thus, conditions of keeping were in advance known to the tenant. Besides, the tenant was obliged to insure property of destiny, and it was economically justified decision as, first, he did not make money in construction of this object, and, secondly, in the specific territory the property of the tenant (grain, stock) was located; thirdly, this insurance in addition forced the tenant to make thrifty use of others objects.

Weakness л&о about point was what the tenant had to restore even if itself was not responsible for incident, the spoiled constructions. But considering moral aspect of business, the destiny in case of fire gave the sum which corresponded to assessment of burned down. The destiny thus even if the tenant was guilty of the incident, returned this money, and the tenant did not need to bring them.

The question was not fulfilled and on option the tenant to insure the rented property in the private companies. Here the destiny demanded to carry out financial transactions only in the companies specified by it. Over time the choice became more free though all insurance premium carried over districts. Also to tenants it was imputed a duty to protect the forest spaces entering its territory. At the same time in case of unauthorized cutting by someone the tenant was obliged to pay the third part of cost of the cut-down trees when exporting the wood, the second part of cost if material remained on the place or damaged so. that for further growth it was not suitable. Penalties were paid also in case of unauthorized pasturage or mowing.

If to the tenant someone made a territorial claim, then protection of the tenant was undertaken by specific department. It was guaranteed that at reduction of the rented territory the tenant could terminate the contract or demand reduction of a quitrent. At the same time demanded from the tenant only one: immediate message about violation of the rights to the district supervisor. Term for such notification was established rather long - six months.

One more softening measure was entered: if the tenant accumulated shortages at a rate of a semi-annual quitrent and more, then the destiny could be limited to seizure of all bread seeded during this period and compressed. Earlier such situation threatened the tenant with total loss of article.

In cases of rough failure to follow regulations on rent and if at the same time also debt on a quitrent is found, the destiny could cancel the contract with the tenant, having forced it to pay off with the property. At the same time his site was given to other tenants (as a rule, to copartners in which there was a violator) for the lowest quitrent.

Conditions of the specific legislation on the rent relations became a subject of criticism both from tenants, and from territorial committees on land use more than once. Summarizing the main complaints, it is possible to note the main moments. First, tenants were not satisfied by a situation with haying grounds and pastures which in some specific manors were located in the forest that was reflected in price increase as it was observed in the village of Sudosevo Alatyrsky of the specific district or in the village

To old Racheyki Simbirskogo specific 7

districts.

Secondly, there were frequent claims for arrest in fields of collected bread. In the Samara province this question became a subject of special trial on economic council at the Samara provincial justice where the managing director of the Samara specific district of D. Terlets-ky trying to explain these arrests first of all with need to guide repeatedly was about it invited

an order in financial obligations 8

peasants.

Thus, the analysis of critical material of that period allows to recognize that the main legal side of specific rent was more or less acceptable economic conditions, trying to keep the main contingent of tenants and to attract additional forces of tenants.

Circulars of Head department of Department of destinies and district heads Samara,

became continuation of development of the new legal relations concerning profitability of land articles

Simbirskogo and Alatyrsky of specific districts. In these documents the tendency to more pragmatic relations with tenants was reflected what was explained, on the one hand, by the continuing crisis in agricultural production escalating in addition serious natural cataclysms (droughts, hard frosts), on the other hand. the competition of private owners gaining strength. All this forced local specific administration to look for ways of an exit, more reasonable from the economic point of view, from any given arisen problem.

First of all the compromise policy in relation to tenants is noted. Trying to support, for example, that category of tenants of the earth which expected to have the long term of rent, specific administrations of districts were suggested to be built for tenants of the farm and to arrange at them dams, to dig wells. On these inquiries Department of destinies, agreeing in principle with local bodies that process of fast migration of tenants (so-called posevshchik) needs to be constrained also a не-доиускать of throwing farms, at the same time warned against excessive haste, motivating it with the fact that constructions

10

can not answer inquiries of tenants. In general specific administration advice carefully was given to handle an issue, especially through financing. Subsequently (since 1893) in the Samara specific district the special circular the order was allowed to build rent settlements on 10 yards and to give grants to digging of wells. In the Obsharovsky manor, for example, each tenant received 300 rub & #34;

The problem meeting in mnogopolny refalse economy of a solontsevatost and rockiness of the soils causing change of zalezhny fields in defiance of the rules established under the contract was other burning issue in the rent relations. In this regard specific administration

demanded from the operating specific manors of withdrawal of such sites from a crop rotation and change of drawings at delivery in 12

As during this period often there were lean years, it was allowed to tenants (at bad condition of their own pastures) free of charge to graze the cattle in specific forest dachas provided that about each case according to the address for such

by a request it was immediately reported in unitary enterprise -

ravleny district or конторой&.

Especially made a reservation that at delivery of the site for trekhpolny economy it is not obligatory to divide it into three fields. Only one condition had to be met: that alternation on this field was made on a trekhpolny order of a crop rotation. Besides it was resolved as necessary and a chetyrekhpolny turn, but at

a condition that the tenant will help Uda -

14 TT

lu to mow hay and to graze the cattle. A bit later (since 1893) in some cases will resolve

crops of spring crops on winter fields.

At the request of borrowers of a semyanny loan since 1892 it was allowed to take from them or good-quality (pood for pood) grain, or money at the local market prices existing at that moment in calculation ruble for ruble. At the same time especially made a reservation that at successful sale of grain by destiny offset of shortages of tenants in a year from among the excessive sums can be made, and at failure of a sale - the destiny will take a loss personally, without violating the rights of the tenants. Since 1898, besides payment of money, it was allowed to accept grain, but not by the principle "pood for pood", and for the sum of the obligation issued to them.

It was allowed, in view of impossibility peasants to take out a lot of bread from fields,

- " 17

to replace a natural quitrent monetary. If desired delivery of the site were into strange hands allowed to be given, but no more than 1/3 parts of arable fields. The interests of tenants were considered and at the requirement from it monetary pledge (at a rate of a half of cost) for the construction which is available on its field: at an adverse finan-

to owls situation this sum from the tenant "18

did not take.

In view of the repeating crop failures it was authorized (for example, in 1898) not to collect from the tenants affected by natural disaster, a penalty fee and not to enlist this money on account of a shortage. The shortage was allowed to be spread payment in the next years and to collect it not equal parts, and depending on a harvest. Along with it specific laws began to guarantee a delay of shortages now

to those tenants who took the earth on 19

only one year.

The requirement to exact drawing up the contract under which articles it was planned to avoid gross violations by the tenant of the duties increased. During check of the Samara specific manor in the summer of 1891, for example, it was established that by drawing up standards there was no point according to which the specific administration had the right to show the mortgage to collecting if the tenant who had an installment payment of the purchased sum at least once dared not to pay certain annual 20 in time

contribution.

Special attention was paid to drawing up plans of legal land surveying as violations led to capture of specific property by foreign farmers here. Further the requirement for managing directors of manors to check to a bowl according to drawings and contracts correctness of grain crops was established and by drawing up penal acts carefully to specify in cases of the sequester of a harvest

amount of the bread picked by Sena, plo-

21

spare the dead of grain.

In the conditions of frequent crop failures and false requests for the help the demand to make thorough selection of farmers who most of all suffered from disaster, on condition of clarification of all circumstances of a beggarly material state, with the instruction forest was made

dachas where they could graze free of charge

22

cattle, and time for such pasture. Katego-

hairstyles it was forbidden without certain written requests and answers through specific administration learning to hand over -

23

stka under mowing, an arable land, pasturage.

In creation of grain warehouses the circulars ordered to accept in barns only a rye, wheat (for example, a be-loturka, an egipetka and the Russian), oats, buckwheat. It was explained by difficulties at grain sale, cut in expenditure on hiring, maintenance and insurance of excessive barns and also specifics of the main grain crops on provinces. Besides, the special attention to managing directors of manors and their salesmen should have been given to degree of quality of grain: it had to be dry, good cleaning, sound. In this question it was required to send monthly to the district party of sacks weight

from 2 to 3 pounds of each sort of grain on

24

conducting examination.

Heads of warehouses were obliged to observe an order of intake of grain precisely: at first - grain in repayment of the issued se-myanny loans; then - on account of shortages: and, at last, on account of the current rent payments. It was explained by the fact that warehouses and were created first of all for distribution of seed loans in view of monetary difficulties tenants upon purchase of seeds that allowed to count on a qualitative harvest, on certain stocks in case of a crop failure or improvement of trade. Besides, careful selection of grain was dictated by need to reduce overhead costs and also the aspiration to increase grain sale. The attention to safe storage of products for what it was required from salesmen and inspectors was especially paid

to have constant surveillance over a state 25

humidity. To managers of warehouses it was imputed also a duty to actively look for reliable wholesale and retail buyers. And that process of involvement of tenants to services of warehouses went quicker, district administrations in the messages demanded granting the tenants defined lgotdlya: for example, to them

it was allowed to retain a part of the arrested bread, and in some cases to release free of charge a part from the arrested bread on pro-feeding of people and a stomach -

26

In the field of technology of agriculture the circulars of districts demanded obligatory fertilizer of the earth manure, and when landings oil-bearing crops in laylands strictly to observe technology of jumping of a flax (only when the field will come to a deposit) and sunflower. It was also necessary to make change of crops (to put root crops, bean) and to enter tra-27

voseyaniye.

The specific administration indicated in a question of the trading in rent articles on the need to avoid purpose of the auction if at them there are buyers who or have no sufficient solvency, or seek to hand over specific sites in sublease use. It was also recommended to avoid rent delivery to societies of peasants in the whole structure and to form of them associations, eliminating at the same time those people,

which economy really not for-28

nimatsya.

Experience of tendering formed the basis of establishment of the certain "Standards" approved and approved by Head department of Department of destinies where when carrying out trade operations the obligatory payment of pledge to the sum which is a half again you - was required

the annual quitrent given at the auction. And specific department had the right at violation of this condition to turn pledge into the property. Also tenants who saved up a shortage over a semi-annual salary under the land articles earlier or were faulty performed by other contractual obligations were not allowed. But unlike "Conditions" on rent of "Standard" allowed tenants, zatorgovavshy articles for the sum of annual quitrent of one thousand of rubles, without having permission of Department of destinies but only the consent of the managing director specific

the district to use article, but only 29

one year.

Having changed legal rules of the rent relations, the specific authorities took one more step on the way of transformation of the farms on a capitalist harmony. Relations of production between destinies and tenants were built taking into account desires of both interested parties now. It influenced attraction of additional labor potential of tenants; on full use of material resources of specific farms; on weakening of influence of competitors; on forming of the correct economic policy designed to restore profitability of destinies and to allow them to develop successfully as that was demanded by conditions of post-reform time of the end of the 19th century - the period of formation of domestic capitalism.

1 P.I. Savelyev. Ways of agrarian capitalism in Russia 19th century Samara, 1994. Page 164.
2

The history of destinies for century of their existence: 1797-1897 SPb., 1902. T. 3. Page 56. In the same place.

4

State Archive of the Ulyanovsk Region (SAUR). T. 318. Op. 7. 127. L.18ob. Magazines of economic council at the Samara provincial territorial justice from February 2, 1895 to January 17, 1896 Samara, 1896. Issue 1. Page 268-269.

The summary collection of statistical data on the Samara province for 1892. Samara, 1892. T. 8. Issue 1. Page 70.

7

Economic and statistical data on the Simbirsk province for 1896 Simbirsk, 1897. Page 13-21.

8 D.S. flexor. Rent. SPb., 1893. Page 112.
9

of the Tolyatti State Archive (TSA). T. 39. Op. 2. 5. L. 18. In the same place. L. 18ob.

11 In the same place. T. 38. Op. 1. 11. L. 35.
12

In the same place. L. 25ob. & #34; In the same place. L. 19.

14 In the same place. T. 39. Op. 2. 5. L. 1, 1ob. & & In the same place. L. 4. In the same place. 6. L. 1.

& #34; In the same place. L. 35.

18

In the same place. L. bean.

& #34; In the same place. T. 38. Op. 1. 11. L. 19.

20

State Archive of the Samara Region (SASR). T. 43. Op. 14. 1047. L. 5.37.

21 TGA. T. 38. Op. 1. 12. L. 22, 22ob.
22

In the same place. L. 19.

23

In the same place. L. 2, 3.

2
2" In the same place. T. 39. Op. 2. 5. L. 2.
25 "
1 am.

In the same place. L. 22.

27

In the same place. L. Craw.

28
28 In the same place. T. 38. Op. 1. 11. L. 18, 19.
2

& In the same place.

Jo Williams
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