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©Fficial Alette of the Government of Palestine ©fficial alette OF THE Government of Palestine. PUBLISHED FORTNIGHTLY BY AUTHORITY. No. 222 JERUSALEM •1st November, 1928. CONTENTS Page I. GOVERNMENT NOTICES (a) Draft of Registration of Land Ordinance, 1928, with Explanatory Note 668-670 (b) Notification of non-disallowance of Ordinances 671 (c) Appointments, Leave, etc. 671 (d) Order under the Width and Alignment of Roads Ordinances, 1926-1927 672 (e) Order under the Commutation of Tithes Ordinances, 1927-1928 672 (f) Order under the Urban Property Tax Ordinance, 1928 673 (g) Order under the Land Settlement Ordinance 1928, 673 (h) Authorisation under the Land Settlement Ordinance, 1928 ... ... 674 (i) Regulation under the Salt Ordinances, 1925-1927 674 *j) Rules under the Antiquities Ordinance, 1920 675-676 (k) Agreement with Trans-Jordan re taking of evidence on commission 676 (I) Convention with France re legal proceedings in civil and commercial matters 677 (m) Notices declaring certain areas infected under the Diseases of Animals Ordinance, 1926 677-679 (n) Notice under the Animals (Export and Import) Ordinance, 1920 679 (o) Appointment of Consuls... 680 (p) Appointment of Committee for revision of Cooperative Societies Legislation 680 II. DEPARTMENTAL NOTICES (a) Notification of posting of claims in Zarnuqa village 681 (b) Licensing of Veterinary Surgeons ... 681 (c) Foreign Advocates examinations 681 (d) Tenders and adjudication of contracts 681- 682 (e) Court Citations and Sittings 682- 683 (f) Amendments to General Regulations ... 683 III. RETURNS (a) Meteorological returns ... 683 (b) Financial Statement 684-685 (c) Sale of unclaimed goods and returns of wreck salved 686-688 (d) Quarantine and Infectious Diseases Summary 688 IV. SUPPLEMENT Registration of Trade Marks and Patents 689-692 Price 50 Mils. 668 OFFICII AL GAZETTE. 1st November, 1928. The following draft of an Ordinance is made public in accordance with Article 17 (1) (d) of the Palestine Ord.r mj Council, 1922, as amended by Article 3 of the Palestine (Amendment) Order in CÜ\M<CÜ, 1923. An Ordinance to !provide for the registration in the Land Settlement of prescriptive title to land, the registration of land of the category of Metruke, and similar purposes. BE IT ENACljED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof:- Short title and 1. (!) This Ordinance may be cited as he Registration application. of Land Ordinance, j 1928. (2) This brdinance shall a !.)ply in any settlement area to which the Land Settlement Ordinance, 1928, has been applied, and shall be read together with the provisions of that Ordinance. Registration 2. Where lan<;l in registered in the name of any person, where prescript- and t]ie Settlement Officer is satisfied either - ive title to land is established. ! (a) that another person has been in possession thereof for such period and under such conditions as will, prevent any action for recovery of the land being heard, or j (b) that the person so registered or his successor has disposed of the registered interest in the land in favour of the person in possession or his predecessor in title; he shall enter the name of the person in possession in the Schedule of Rights aè owner of the land in respect of the interest therein which was held by the person registered as owner. Registration of 3. Where land is registered in the name of any person, possessory title. anci t}ie Settlement C>fficer"is satisfied: (a) that another person is in possession thereof in such circumstances that, if his possession continues for the period prescribed by law, any action for recovery thereof by the registered owner ]will not be heard thereafter; (b) that the registered owner cannot be traced or makes no claim to the land: he may enter the name of the person in possession in the Schedule of Rights asj having a possessory title, and shall state the date on which Jus possession began. Effect of regis• 4. The effect of registration with a possessory title shall tration of be as follows:- j possessory title. (a) The person previously registered as owner or his heirs shall thereafter be entitled to recover the land by action, provided that such action is begun within the period prescribed by law. j (b) If action is brought within due time and judg• ment is given in favour of the registered owner or his heirs and is registered, the registration of any person with a possessory title shall" be vacated, and the interests of any person claiming under him shall be deemed to be avoided from the date of registration of the judgment. 1st November, 1928. OFFICIAL GAZETTE. 669 (c) The person registered with a possessory title and his successors shall be deemed to be owners of the land and entitled to the revenue thereof until the date of registration of judgment for recovery of the land by the registered owner. (d) If no action for recovery of the land is brought by the registered owner or his heirs within the period pres• cribed by law, the Director of Lands, on being satisfied that the person registered with the possessory title, or his successors, are in possession, shall vacate the registration of the registered owner and enter the person registered with the possessory title as the owner of the land. And all rights and interests therein of the person previously registered as owner shall cease and determine. (e) No disposition or transfer, otherwise than on the death of the registered owner or the person registered with a possessory title, shall operate to create any right to the land, and no entry thereof shall be made in the Land Registers. 5. If a Settlement Officer is satisfied - Registration of person in pos• session where no (a) that land has been in the possession of any person adverse registra• for such period and under such conditions as will prevent any tion of the land. action for recovery thereof being heard, and that no person is registered at the time of the settlement as owner; or (b) that a person is in possession of land under an unregistered transfer to himself or his predecessor in title made by a person who was in possession at the date of the disposition but was not registered as owner, and that no other person has a registered interest in the land ; he shall enter in the Schedule of Rights the name of the person in possession as owner of the land. Provided that, unless the land is Mulk, the person entered as owner shall be liable to pay bedl misl on account of the land; and provided, also, that nothing herein shall apply to Mahlul land or !\iewat land. 6. (1) Land shall not be deemed to have been assigned Conditions on ״to the public ab antiquo within the meaning of Articles 91, 97, ™hiCh laild slla be deemed t0 be 98 and 101 of the Ottoman Land Code unless­ assigned as common. (a) the land is registered as Baltalik, Mera, Yaylak or Kishlak respectively; or (b) there is documentary evidence that the land was assigned to the inhabitants under one of the classes mentioned in paragraph (a) by the decision of a competent authority. (2) Land shall not be deemed to have been assigned ab antiquo within the meaning of Articles 94, 95 and 96 of the Ottoman Land Code unless there is evidence that it has been used for a period of not less than forty years for one of the purposes mentioned in those Articles. 7. Where the Settlement Officer is satisfied that­ Form of regis­ tration for land assigned. (a) land has been assigned ab antiquo in accordance with the provisions of the previous Section; or (b) land has been assigned as Metruke since the date of the Brittish Occupation by authority of the Government of Palestine ; he shall enter the land in the Schedule of Rights as Metruke land. 670 OFFICIAL GAZETTE. 1st November, 1928. ! EXPLANATORY NOTE ON THE DRAFT REGISTRATION OF LAN I) ORDINANCE, 1928. I The examination of the Land Law which was made for the purpose of preparing a statement of the Law for the guidance of the officers engaged in the land settlement has indicate( a number of difficulties in the present rules of the substantive laws and the •egistration of the land, and the desirability of introducing amendments befor e the settlement is carried out. Certain of these amendments of (lie law will apply only to the operations of the land settlement; others will apply generally to the tenure of land. So far as the present Ordinance is concerned, the amendments are required for the purpose of settlement, and it is therefore stated in Clause 1 that its appli• cation is to be so limited. Clauses 2, 3 and 4. j i It has been laid down by the Court of Appeal that where a person is registered as owner in an existing land register, another person who has been in°adverse possession of the land during the period of prescription cannot nevertheless obtain registration df his title against the registered owner. Pre• scription by the Ottoman system is not regarded as a basis of title, but operates simply to deprive the person against whom prescription has run from enforcing any rigid of action. In the settlement by which it is desired to secure a complete record'of the ownership of the land, it is necessary that if a person has been in possession of land for such period as to deprive the registered owner of his right of bringing action for recovery, he should be able to obtain registration of his right. | Two different kinds of cases have to be met:- (1) Where the person in possession has a right which cannot be defeated by the person registered as owner or any person claiming under him.
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