Public Auction of the Kränzlgut in Tscherms and Further Land Parcels

Intelligence Sheet

to the

I. R. priv. Messenger of and for Tyrol and Vorarlberg.

Auction Edict.

The Count von Brandis Landgericht Lana hereby announces, following the request of the highly commendable I. R. Civil and Criminal Court of Bolzano dated 24th (30th) of last month, No. 6119: That upon the application of the guardianship for the descendants of Count Johann Anton von Stahlburg and upon proof of political consent for parcel subdivision granted by the chief guardianship, approval has been given for the public auction of the following properties belonging to these descendants, namely:

The building rights and appurtenances of the Kränzlgut estate in Cermes, situated within this judicial district, excluding those parcels which are retained and used for the Baumlehen estate, namely:

A. A 2-story dwelling, with courtyard, barn and stabling, as well as a tenant's quarters, measuring 820 klafters in area.

B. A flour mill with 2 millstones and a stamp, along with a separate dwelling, measuring 49 klafters in area.

C. A small garden planted with fruit trees, measuring 32 klafters.

D. A garden measuring 295 klafters.

E. A field called Steigacker, measuring 4 jauch and 494 klafters.

F. The field called Hausacker, measuring 5 jauch and 387 klafters.

G. and H. These two parcels are retained with the district office approval already received.

J. The lower half of the Huebenwiese meadow, as the upper half is retained. According to the tax register, the entire meadow measures 23 tagmahd and 468 klafters.

K. A pasture measuring 25 tagmahd and 199 klafters.

L. A meadow called Wolfgruben, measuring 4 tagmahd and 389 klafters.

M. A pasture called Steiganger, measuring 2 tagmahd and 348 klafters.

All these meadows yield three cuts of hay per year.

This Kränzlgut estate, described in detail in the Marlengo tax register under No. 572, was formerly a sovereign fief, but was fully allodified under the Royal Bavarian government, so that no ground rent attaches to it. Only a waterfall fee of 30 kr. C.M. and 2 chickens is to be paid from the mill to the manorial register, along with wet and dry tithes from the arable land.

Included with this estate are 18 hours of irrigation water from the Marlengo Adige canal, while the remaining 12 hours are reserved for the Baumlehen estate.

In place of the retained parcels, the following properties—which do not belong to the Kränzlgut but lie directly adjacent to it—are sold along with it:

Cat. No. 492. A field called die Grutz, measuring 2104 klafters.

Cat. No. 493. A field called äußere Raut, measuring 860 klafters.

These two parcels were carved out of the Mayrputzenhof farm in Lana and, like this farm, are subject to manorial jurisdiction under the Greifenstein register, now held by Mr. Johann v. Rutter, administrator at Brandis, and an annual ground rent of 2 chickens must be paid for them. The dry and wet tithes go to the parish rectory of Lana.

Finally, an uncultivated plot of 1003 klafters, across which the Rafein ditch currently runs, is also included in the sale.

The starting price for all real estate offered for sale is 13,500 florins Rhenish currency.

Out of the final purchase price for the whole, the portion pertaining to the 2 parcels subject to manorial rights will be determined by experts.

The auction will take place under the following conditions and obligations:

1. The inventory appraisal of movables to be submitted by the previous tenant will be handed over to the buyer upon immediate cash payment of the separately estimated price.

2. Risk passes to the buyer immediately upon conclusion of the auction.

3. The sale takes place ad corpus (as a whole body) and not according to the specified surface area.

4. No bid below the starting price will be accepted, and no higher bid after the auction is closed; however, anyone entitled to purchase real estate is admitted to bid.

5. While the entire yield of the estate for this year belongs to the tenant, he must leave behind upon his departure at Martinmas of this year livestock fodder and stored manure in the same quantity as he received at the commencement of the lease. The buyer will then receive this fodder at the appraised price and the stored manure free of charge.

6. The purchase price shall bear interest at five percent from Martinmas of this year and must be paid in cash in Merano in six equal installments—the first at St. George's 1824 and the remaining ones each year at Candlemas—in Conventional metallic currency, excluding all paper money.

The buyer is nevertheless permitted to make larger and earlier payments provided he gives half a year's advance notice. Acceptance by creditors of the Count Stahlburg descendants of an assignment against the buyer shall also count as payment.

7. Until the full discharge of the purchase price and interest, a primary mortgage on the purchased properties will be reserved, and it is required that the buyer, unless he prefers to pay one-third of the purchase price in cash by St. George's of next year, secure the same in a pupillary-safe manner.

8. The costs of the auction and contract preparation, the poor tax percentage, and, for the 3 parcels subject to manorial rights, the manorial transfer fees shall be borne solely by the buyer.

9. Taxes, extraordinary assessments, and municipal contributions, insofar as they have not already been apportioned and billed to the properties by Martinmas of this year, must likewise be assumed by the buyer regardless of when they arose.

The auction itself will take place on the 10th of next month, December of this year, at 2 o'clock in the afternoon in the local court office and will be executed in accordance with legal regulations. Lana, November 3, 1823. Aigner, Landrichter.