wi oan. 79) Lan (ewan, i CHAPTER 79. | LAND (MEWAT) \ can Aw ORDINANCE To AMEND THE OFSOMAN LAW RELATING 10 ( SwHWAT LARD [16eh February, 1921 Sut ie. 4, This Ordinance may be cited as the Land (Hewat) ; ontinance | paige, 2, ‘Te following shall be substitutod for the last para t SI Sonlol Article 109 of the Ottoman Land Code a ‘ata, Any person who, without obtaining the consent of i the Director of Lands, breaks up or cultivates | Ne any waste land shall obtain no right to a title i deed for such land and shall further be liable 1 to be prosecuted for trespass.” LAND (SBTTLEMBNT OF TIPLE. (GAP. 80. CHAPTER 80. LAND (SETTLEMEN T OF TITLE). An ORDINANCE 70 PROVIDE FOR THE SETTLEMENT O¥ TITLE 30 LAND AND REGISTRATION OF TITLE THEREON. [BOth May, 1928.) 1, This Ordinance may be cited as the Land (Settlement. of Title) Ordinance, 2. In this Ordinance, unless the context otherwise re quires— “block” means a subdivision of the land of a village ‘which contains one or more parcels and forms a unit of survey and registration; “claimant” includes any tribe or group of persons; “ Commissioner of Lands " means the oficer appointed ty the High Commissioner to exercise general direction and control over settlement and regi stration under this Ordinance; “ disposition "” means any transaction of whatever nature by which the rights of persons in or over land are affected or a charge is created or affected, but does not include an agreement to transfer or charge land; “existing register" means a register of title to land existing prior to the settlement ; instrument" includes any deed, judgment, order or other document requiring or capable of registration under this Ordinances “land ”” includes any rights arising oat of land, buildings and things permanently fixed to land got undivided shore in and, and any interest land which requires, or is Capable of, registra- tion under this Ordinance, ®LAND (SBTTLEMENT OF TITLB). cap. 80.) land! court " means the laud court of the District in which is sitante the land which is the subject hhatier of the action oF application csablished under this Ordinance means a continuous unit of land within a took which is owned by a person or body of partition schedule ” means the schedule for whieh provision is made by section 61 registrar’ includes an assistant registrar and any rson duly authorised by the Divector of Pans to act for the registrar edule of rights” means the schedule for which ‘provision is nade by section 31; “settlement offer” includes any person duly authorised to act fora settlement oficer For any Spociied purpose; twansfer of land or of @ charge ” means the puss ing of land or of a charge from one person to fer by act of the parties or hy order of the to Iand court village "includes any. village lands within or abutting ot a municipal. area, @ tribal area or any. part. thereof, and any area of land ‘within a settlement area. which, may be pre Scvibed by a settlement officer, by notice under 1) + village musha’ ”” means the lands of a village or of a “ESction of a village held in undivided owner ship and periodically distributed for cultiva tion among the inhabitants of the village or of a section thereof “ village settlement. committee ” includes a settlement Committee for any tribal area. 8. (1) Whenever it appears expedient to the High Com- missioner that a settlement of the rights in land in any fhvea and registration thereof shall be effected, the High Commissioner shall publish in the Gazette an order*, in this Ordinance called a settlement order. f ! i | I \ LAND (SHETLAMBNT OF ITLL, (ORR. 80. (2) The order shall state the situation and limits of e229 the area, in this Ordinance called the settlement area, within which the settlement of rights to land and registra: tion thereof shall be effected and shall declare that, after {i period to be defined in the order, the demarcation of parcels and presentation of claims thay begin within the Settlement area. 4, (1) Onor after the publication of a settlement order, pp the High Conmissioner shall appoint a settlement officer sien howe on tore assitant settlement officers as may he sagt, stsesenty for cterying out the settlement of land ee (2) A cettlement officer may appoint such number of process servers as may be approved. 5, (1) ‘The settlement officer shall cause preliminary No notice of the intended survey, settlement and registration Of rights in any village to be published at the office of the ‘ne ‘commissioner of the Distriet within which the village lies, and at the district office of the Sub-District, and at convenient, places in the neighbourhood of the village : a copy of the notice shall be sent to the land court and to the Director of Lands. (2) The notification shall be published not less than thirty days before demarcation of the parcels and presenta tion of claims shall begin and shall contain— (a) directions as to the demarcation of the boundaries ‘of land and the presentation of claims; (B) notice of the consequences of, and penalties for, ihre to present claims in due’ time and to demarcate the parcels claimed (©) such instractions as the settlement officer may think fit) for obtaining assistance and in. formation 6, (1) Save as provided herein, no action concerning rights to land in any village in which notification of the settlement has been published shall be entered in any land court or civil court until the schedule of rights has been Published in accordance with section 33° any action entered before the notification is published shall, ifLAND (SEPTLEMENT OF TITLE) car, 80. ossible, be heard and decided hefore the settlement is fegun in the village, of, hy leave of the court, any such action may be withdrawn Provided that nothing herein shall"prevent the lanl court a civil court completing. the heartng ‘ef an action pending at the dato the notifeation of settlement. was, published (2) Where au action is withdrawn, no fee shall. be payable 1n respect of the hearing of an action concerning the same matter before the settlement officer (3) In any village in which notification of the settle ment has been published, no application shall be enter tained under the Correction of Land Registers Ordinance 1925, for the correction of the existing registers. any application entered before the notification is. published may either be withdrawn or, if not withdrawn, sball, if possible, be decided before the settiement is begun. 7, Not less than ten days before the beginning of the settlement, the settlement officer shall publish in a village Lotified in accordance with section 5 a notice, in. this Ordinance called the settlement notice, whieh shall state stich particulars as may be prescribed 8. During the course of the sottlement, the settlement coflcer shall publish from time to time a notice reoording the progress of the settlement and stating the order in which the work will be continued : the notice shall be published in the office of the Sub-District, in the village in whivin the settlement is being conducted, and at the office or camp of the settlement officer. LAND WAPPEBMBNT OF PTL car, 80. sor may cause sich boundaries to be marked at the expense of such person: () issue summonses, notices or orders requiring the ‘attendance of any person or the produetion of any documents that he may deem necessary for carrying out the settlement, and administer oaths in any enquiry made for the purpose of the settlement, and impose a fine of two pounds in default of compliance with any summons or order: (#) dispense with the attendance of any person or the production of any document; (&) make a copy of any document prodnoed or ensiors or stamp such document; (A) authenticate any document signed and before him {g) extend the time presoribed for the performance of ny act to be done under this Ordinance attested 10, (1) The settlement officer shall have power to hear st and decide any dispute with regard to the ownership or 4 possession of land in a settlement area and may make such fos! Order as to costs in any such matter as he thinks ft 2) The Chief Justice may, with the approval of the High Commissioner, make rules* of procedure to be fol lowed in any judicial proceeding by a settlement officer (8) A settlement officer shall apply the land law in fore at the date of the hearing of the action Provided that he shall have regard to equitable as well ag legal rights to land and shall not be bound by any rule of the Ottoman law or by any euactment issted ly ie British Military Administration prohibiting the courts from hearing aétions hased on unregistered documents or by the rales of evidence contained in the Ottoman Cove of Civil Procedure or Ue Oltoman Civil Code. 11. (1) Upon the application of the Commissioner of asmistnss Lands, the Supreme Moslem Sharia Council shall appoint i! a kadi of the Sharia court, or a person approved by the Se Government to exercise within the settlement area the “Sot functions of a kadi of the Sharia court of first instance, who shall issue certificates of succession to Moslems, decide Mi2" Be Wal Tp 18