PROTOCOL REGARDING
STATUS OF FÜRSTENTHAL LAND HOLDINGS
Protocol in Raimund Friedrich Kaindl,
Das Ansiedlungswesen in der Bukowina seit der
Besitzergreifung durch Österreich,
trans. Dr. Sophie A. Welisch
(Innsbruck: Verlag der Wagner’schen Universitäts-Buchhandlung, 1902), pp.
535-537.
Posted on the World-Wide Web by the Bukovina Society of the Americas
on December 26, 2005,
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Based on only the
first paragraph of the following document, the translator, Dr. Sophie
Welisch, makes the following observation:
The protocol was
drawn up to show the legal relationship of the occupants of certain houses
and lands in Fürstenthal with the Religious Foundation, from whom the
settlers had gotten their properties.
In 1802, the Fürstenthal
colonists had been recruited in Bohemia for the purpose of setting up and
running a glass factory. By 1858, the issue here seems to be to determine if the
settlers were living on land from the Religious Foundation or from the
community of Mardzina and to which entity they owed taxes. In the protocol
each colonist is specifically identified as affiliated with the glass
factory (glass factory worker, glazer, carpenter for glass factory, etc.),
showing his affiliation with and responsibility to the Religious
Foundation. However, some parcels were within the jurisdiction of Mardzina
and others not (see last two paragraphs).
The Greek-Orthodox Religious Foundation was set up by the Austrian
government after Austria's annexation of Bukovina and given control over
lands confiscated from the Orthodox monasteries. These lands in turn were
used as endowments to settle colonists, primarily Germans from other parts
of the Holy Roman Empire.
Regarding house numbers: It's possible that the houses were not
consecutively numbered or that not all house plots were in dispute.
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July 26, 1858. “Protocol. Undertaken through
the decree of Cameral Administrator of the laudable k k. Bukovina
Finance-District Board on July 11,1858 Z.9795 to determine of the legal status
between the Bukovina Religious Foundation-Solka Domain and the workers on the
here existing glass factories in respect to the dwellings and properties
presently in their possession, through the undersigned fiscal administrator for
Fürstenthal on July 26, 1858.
Since in the above matter no witnesses could be found in the neighboring
communities who could testify to the veracity of the situation, the oldest
members of the community of Fürstenthal from the lumbering settlement such as,
Joseph Gnad, 75 years old, and Franz Geschwentner, 69 years old, were invited to
join the local governing body which after examining the glassmakers’ houses
reported the following:
House No. 1: This house along with land has been owned by Jakob Schuster as
glassmaker for sixteen years.
House No. 2. Here Michel Hagel as glassmaker has been the owner for eleven
years.
House No. 3. Here Martin Mühlhauser has owned house and land as glassmaker for
eleven years.
House No. 4. Here the house collapsed in 1850, the materials of which were
sold by the Domain; the land appertaining thereto has been used by Franz Weber
as glassmaker for thirty-five years.
House No. 5. House and property has belonged to Karl Gaschler the Younger as
glassmaker for fifteen years.
House No. 6. The house collapsed in 1850; its materials were sold by the
Domain with the land belonging thereto leased to the glass factory lessee.
House No. 7. As glassmaker Michel Stadler has owned house and land for
fourteen years.
House No. 8. As glassmaker Jakob Gnad has owned house and land for two years.
House No. 9. As glassmaker Joseph Stadler the Elder has owned house and land
for the past thirty years.
House No. 10. As factory mason Symon Fischer has owned house and land for
thirty years.
House No. 11. As glassmaker Joseph Weber has owned house and land for
twenty-four years.
House No. 12. After the collapse of the house in 1850 the Domain sold the
materials but leased the land to the glass factory lessee.
House No. 13. Johann Gaschler has owned house and land for ten years.
House No. 14. As glassmaker Karl Gaschler the Elder has owned house and land
for thirty-five years.
House No. 15. As glassmaker Johann Pongratz has owned house and land for
twenty-five years.
House No. 16. As glassmaker Friedrich Gaschler has owned house and land for
twenty-five years.
House No. 17.The house collapsed in 1850; the Domain sold the materials but
leased the land to a lessee.
House No. 18. As glassmaker Joseph Gaschler has owned house and land for
twenty-three years.
House No. 52. The house (on the border: constructed by the Domain two years
ago) and half of the land belonging thereto is owned by Karl Gaschler as glass
factory carpenter for seven years, the other half of the property is used by
the glass factory lessee; it is under the Domain).
House No. 53. The house with land are used by the glass factory lessee.
House No. 55. The house is used by the glass factory lessee; the land
belonging thereto is owned by Ambros Weinfurter as stoker.
House No. 56. The stoker Jakob Neumann has owned house and land for twenty-one
years.
House No. 57.The stoker Josef Feldigel has owned house and land for twelve
years.
House No. 58. The house collapsed in 1851, its materials were sold by the
Domain, its land was given as compensation to the game keeper and the forest
overseer many years ago.
House No. 59. The glass factory lessee uses the house, the land belonging
thereto has been owned by the glazer Josef Stadler for twenty-five years.
House No. 60. The glass factory lessee uses the house, but the land obtaining
thereto has belonged to the stoker Jakob Gnad for two years. (see 8)
House No. 61. The glazer Karl Stadler has owned house and land for sixteen
years.
House No. 62. This house and land under House No. 8 has belonged to the
glassmaker Karl Kohlmann for twelve years.
House No. 80. This house was constructed by the former glass factory lessee
several years ago and is used by the current lessee; there is no land with it.
All the designated dwellings with the single exception of the one
under House No. 8 had been constructed by the Religious Foundation –Solka Domain
between 1803 and 1805 and in them accommodated the glass factory workers, in
addition to which and at that everyone equally, each received three Joch
[1 Joch = 1.422 acres] of land.
The land at that time had hardly distinguishable from the virgin
forest, but rather covered with trees and much shrubbery, and the glass factory
workers themselves had to clear the land without any assistance or compensation
from the Domain.
Of the originally enrolled glass factory workers there remain
currently the sons Jakob Schuster, Franz Weber, Karl Gaschler the Younger,
Michel Stadler, Joseph Stadler the Elder, Symon Fischer, Joseph Weber, Johann
Gaschler, Karl Gaschler, Johann Pongratz, Friedrich Gaschler, Joseph Gaschler,
Karl Gaschler, Ambros Weinfurter, Joseph Feldigel, Joseph Stadler and Karl
Stadler, of whom Josef Weber and Johann Pongratz find themselves in possession
of certain homes and lands in and on which their parents had been settled by the
Solka Domain.
Until 1809 the Solka Domain ran the present glass factory itself
but then turned it over to various lessees at certain periods.
From the Solka Domain the lessees of the present glass factory
also got the houses and land tracts of glass factory workers who had migrated or
been discharged, as a result of which they were often were transferred from one
to another house and land endowment, which still currently happens.
The glass factory workers paid the land taxes in 1818, 1819, 1820
as well as the shipping charges and military dues, while up to that time the
land and house taxes for the living quarters and lands of the glass factory
workers had been paid by the Solka Domain, yet since 1838 the land taxes for the
lands lying in the jurisdiction of the community of Mardzina were paid by the
glass factory workers themselves since these had been assessed by the community
of Mardzina.
The Solka Domain paid all repairs to the glass factory workers’
homes from the rents received and two years ago constructed anew the carpenter’s
home.
From the year 1811 until the year 1849 the glass factory workers
paid for their homes and lands to the Solka Domain an inventory tax yearly of 2
florins [Gulden, gilders] 30 Kreutzer [farthings] but it in this
regards an agreement had existed with the Solka Domain we can give no
information, but it is certain that the glass factory workers have a certificate
of admission and insurance from the Domain.
Moreover, we do not know under what rights and commitments the
present glass workers were accepted by the Domain, then given homes and lands,
since we were not present at the negotiations.
Josef Gnad, Franz Geschwentner. The then presiding judge, Joseph
Haas, had distanced himself and despite repeated invitations, did not appear at
the signing. In our presence: Mathias Kufner, Joseph Weber, Karl Gaschler.
The glass factory workers Karl Stadler, Jakob Neumann, Ambros
Weinfurter, Josef Feldigel, Jakob Gnad and Joseph Stadler that proven via the
tax booklet that the taxes for the use of lands lying in the Mardzina community
jurisdiction, had paid to the Tax Office for the years 1841 through 1858.
According to the Assessment Register of 1822 these lands under
parcels numbered 901 to 913 were used by the glass factory workers Jakob
Stadler, Franz Bauer, Martin Bauer, Paul Fischer, Michael Weinfurter and
Christof Gaschler. According to the assessment of November 2, 1836 these lands
had been incorporated into the community of Mardzina in error, whereby it also
happened that the Domain glass factory workers from the community of Mardzina
were assessed a property tax on the basis of their rural-land tax-subtaxation
sheet. Datum ut supra.
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