Palestine <3a3ette CONTENTS. Account) Abstract of Receipts and Payments for the Year 1938/39 of the Municipal Corporation

Transcription

1 Palestine <3a3ette publisbeb Hutborits No. 981 THURSDAY, 25TH JANUARY, BILLS PUBLISHED FOR INFORMATION CONTENTS Public Health Bill, Mining (Amendment) Bill, Oil Mining (Amendment) Bill, ORDINANCE CONFIRMED Confirmation of Ordinance No. 40 of GOVERNMENT NOTICES RETURNS Appointments, etc Medical Licences granted 120 Dentists' Licences granted Midwives' Licences granted Pharmacists' Licences granted Medical Licence cancelled Radiotelegrams to British Ships Telephone Calls to Places outside Palestine Commercial Code Telegrams Tenders and Adjudication of Contracts Citation Orders Court Notice Notices of the Execution Office, Tel Aviv Financial Statement at the 31st August, Statement of Assets and Liabilities at the 31st August, Abstract of Receipts and Payments for the Year 1937/38 of the Municipal Corporation of Nablus (Water Supply Account) Statement of Assets and Liabilities at the 31st March, 1938, of the Municipal Corporation of Nablus (Water Supply Account) Abstract of Receipts and Payments for the Year 1938/39 of the Municipal Corporation of Nablus (Water Supply Account) Page (Continued) PRICE : 50 MILS

2 CONTENTS (Continued) Statement of Assets and Liabilities at the 31st March, 1939, of the Municipal Corpora Account) tion of Nablus (Water Supply Quarantine and Infectious Diseases Summary NOTICES REGARDING BANKRUPTCIES, ETC /, age SUPPLEMENT No. 2. The following subsidiary legislation is published in Supplement No. 2 which forms part of this Gazette: Notice under the Defence (Military Commanders) Regulations, 1938, appointing a Military Commander of the Areas or Places known as the Galilee District and the Haifa District less the Haifa Town Planning Area Notices under the Land (Expropriation) Ordinance, regarding the Construction of Police Posts at the Majd El Krum, Bassa and Terbeekha Villages Local Councils (Karkur) Order, 1940, under the Local Councils Ordinance Tariff for the Transport of Goods, under the Government Railways Ordinance, Notices of Grant of Permits to publish Newspapers, under the Press Ordinance Notices of Posting of Schedules of Rights to Land in the Urban Areas of Rishon le Zion, Rehovot, Jaffa, Tulkarm and Nablus, under the Urban Property Tax Ordinance!gg Notices under the Town Planning Ordinance, 1936, provisionally approving certain Parcellation Schemes within the Town Planning Area of Jaffa Notices under the Town Planning Ordinance, 1936, provisionally approving certain Town Planning Schemes within the Town Planning Area of Haifa Notices under the Town Planning Ordinance, 1936, provisionally approving certain Parcellation Schemes within the Town Planning Area of Hadera Notices under the Town Planning Ordinance, 1936, provisionally approving certain Regional Planning Schemes within the Regional Planning Area of Haifa District 173 Notices under the Town Planning Ordinance, 1936, finally approving certain Detailed Schemes within the Town Planning Area of Haifa Notices under the Town Planning Ordinance, 1936, finally approving certain Parcellation Schemes within the Regional Planning Area of Haifa District 176 Notice under the Town Planning Ordinance, 1936, finally approving a Detailed Haifa Scheme within the Town Planning Area of Notice under the Land (Settlement of Title) Ordinance, approving and accepting the Sub-division of certain Lands in Haifa Notification of Intended Settlement of Rights to Land in certain Areas, under the Land (Settlement of Title) Ordinance Notification of Commencement of Settlement of Rights to Land in Kefar Yehoshua, under the Land (Settlement of Title) Ordinance Notice of Posting of Schedules of Rights to Land in certain Villages under the Land Ordinance (Settlement of Title) Order No. 3 of 1940, under the Defence Regulations, 1939, authorising the Director of Public Works to requisition such Materials or Articles as may be specified in any Requisition Demand in Writing issued by him Order under the Defence Regulations, 1939, permitting Aliens to use any Firm or Business Name, or to change such Name, subject to the Compliance with the Law Name of Registration of such Name or Change of Notice under the Import, Export and Customs Powers (Defence) Ordinance, 1939,. Order, 1939 issuing an Open General Licence under the Licensing of Imports 181 Import (Certificates of Origin and Interest) Order, 1940, under the Import, Export 1939 Ordinance, and Customs Powers (Defence) Form of Certificate of Origin and Interest, under the Import (Certificates of Origin prescribed and Interest) Order, 1940, Port of Haifa (Lighterage, Agency and Porterage) (Amendment) Order, 1940, under the Ports Ordinance Port of Jaffa (Lighterage, Agency and Porterage) (Amendment) Order, 1940, under the Ports Ordinance Order under the Emergency Regulations, 1936, revoking the Order of the 14th December, 1938, under which a certain Person was ordered to remain out of Palestine 187

3 25th January, 1940 THE PALESTINE GAZETTE NOTICE. The following D R A F T O R D I N A N C E is made public prior to enactment in accordance with Article 17 (1) (d) of the Palestine Order in Council, 1922, as amended by Article 3 of the Palestine (Amendment) Order in Council, J. GUTCH 16th January, Clerk to the Advisory Council, (M/22/36) DRAFT. AN ORDINANCE TO CONSOLIDATE AND EXTEND THE LAW RELATING TO PUBLIC HEALTH IN PALESTINE. - BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof : PART I. PRELIMINARY. 1. This Ordinance may be cited as the Public Health Ordin- Citation, ance, In this Ordinance, unless the context otherwise requires Interpretation. "Day" and "day time" mean between eight o'clock in the morning and five o'clock in the evening; "Department" means the Department of Health; "Director" means the Director of Medical Services, or an accredited representative of the Director of Medical Services; "District Health Office" means a District Office of the Department of Health; "Factory" includes workshop and work place; "House" means any building or structure used for human habitation, and includes a school, shop, factory or other building in which persons reside or are employed; "Inspector" means an inspector of the Department of Health, and includes a sub-inspector of the Department of Health; "Land" includes water and any right or servitude to or over land or water; "Licensed Medical Practitioner" means a qualified medical practitioner licensed to practise medicine in Palestine; "Local Sanitary Authority" in a municipal area means the municipal council, and in an area administered by a local council means the local council, and in areas other than municipal or local council areas means the local representative of the Department of Health; "Occupier" means in the case of a building or part of a building the person in occupation or having the'charge, management, or control thereof, either on his own account or as the agent of another person, and in the case of a ship means the master or other person for the time being in charge thereof; "Owner" means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as an agent or on behalf of another person, or who would so receive the same if the premises were leased; "Premises" includes buildings and lands of any tenure, whether open or closed, whether built upon or not, whether

4 88 public or private and whether maintained or not under statutory authority. "Public conveyance" means any kind of wheeled transport propelled or drawn by mechanical power or animals and used, or intended to be used, for the conveyance of passengers for hire; "Senior Medical Officer" and "Medical Officer" mean respectively a Senior Medical Officer and a Medical Officer of the Department of Health; "Ship"-includes any sailing or steamship, vessel, or boat not belonging to His Majesty's or any other Government; "Street" includes, any road, square or passage, whether a thoroughfare or not, over which the public have a right of way, and also the way over any public bridge, and also includes any road or passage used or intended to be used as a means of access to two or more houses whether the public have a right of way thereover or not, and all channels, drains and ditches at the side of any street shall be deemed to be part of such street; "Village" means any town or village other than a town having a municipal council, and includes a settlement; "Village authority" means, in the case of a village having a local council, the local council, and in other cases the mukhtar and notables for the time being. PART II. CONSTITUTION OF AREAS AND AUTHORITIES. Urban and rural sanitary areas. Cap (1) For the purposes of this Ordinance, Palestine shall consist of areas to be called respectively : (i) Urban sanitary areas, and (ii) Rural sanitary areas (in this Ordinance referred to as urban and rural areas), and such urban and rural areas shall be subject to the jurisdiction of local sanitary authorities as defined in section 2, invested with the powers mentioned in.this Ordinance. (2) Urban Sanitary Areas shall be the areas from time to time subject to the jurisdiction of a municipal corporation or local council constituted under the Municipal Corporations Ordinance, 1934, or the Local Councils Ordinance. Rural Sanitary Areas shall be such areas as the High Commissioner may from time to time by order declare to be Rural Sanitary Areas. PART III. NOTIFICATION AND REGISTRATION OF BIRTHS AND DEATHS- GROUNDS. -BURIAL Notification of births. 4. (1) In the case of every child born in Palestine it shall be the duty of the father or mother of the child, and in their default of the midwife or person in attendance upon the mother at the time of or within six hours after the birth, to give notice on the prescribed form of the birth of the child within fifteen days of such birth, to the nearest District Health Office, or, where the birth has occurred in a village, to the mukhtar of the village.

5 2oth January, 1940 THE PALESTINE GAZETTE (2) The mukhtar of a village shall to the best of his ability keep himself informed of all births occurring in his village, and shall keep a book of prescribed forms upon which he shall enter particulars of all births in his village which have been notified to him in accordance with subsection (1) hereof or of which he shall have received notice in any other manner, and after taking a record of such notice as aforesaid, transmit such forms to the nearest District Health Office. Duties of mukhtar. (3) If any new born child is found exposed, it shall be the duty of any person finding the child, and of any person in whose charge the child may be placed, to give to the best of his knowledge and belief to the nearest District Health Office within seven days after. re the finding of the child, such information of the particulars quired to be registered concerning the birth of the child as the informant possesses. (4) This section shall apply to any child which has issued forth from its mother after the expiration of the twenty eighth week of pregnancy whether alive or dead. (5) Where a birth has, from the default of the parents or other persons required to give information concerning it, not been duly registered, a Medical Officer or inspector may, at any time after the expiration of fifteen days after the birth, require any of the persons so required under this section to give information to the best of their knowledge and belief of the particulars required to be notified concerning the birth, and it shall be the duty of such persons to comply with the requisition. (6) Where the birth of any child has been registered and the name, if any, by which such child was registered is altered, or if it was registered without a name, when a name is given to it, the parent or person having the care, nurture, or custody of the child may, upon production of an affidavit, require the Medical Officer to amend the registration by altering or adding the name of the child, and the register shall be amended accordingly, and the alteration or addition shall be initialled by the person procuring the amendment and by the Medical Officer. (7) In any case where a birth has not been notified within three months of its occurrence, such birth shall not be registered except in the presence of the Medical Officer and on production of an affidavit and on payment of the prescribed fees; and in any case where a birth has not been notified within twelve months of its occurrence, such birth shall not be registered except in the presence of the Medical Officer and with the consent of the Director to whom shall be submitted satisfactory evidence of the facts to be registered, and on payment of the prescribed fees. 5. (1) In the case of every death occurring in Palestine it shall be the duty of the relatives of the deceased present at the death, or in attendance during the last illness of the deceased, and, in default of such relatives, of each person present at the death, and of the occupier of the house in which, to his knowledge, the death occurred, and of the person causing the body of the deceased to be buried, to give notice on the prescribed form of such death, within twenty-four hours of its occurrence, to the nearest District Health Office, or, where the death has occurred in a village, to the mukhtar of the village : Application. Requisition in default of information. Registration of name of child or of alteration of name. Late registration of births. Notification of deaths. Provided that (a) where the death occurs in a hospital, prison, public or religious or charitable institution, hotel or khan, the director, manager, or head of such institution shall be responsible for

6 THE PALESTINE GAZETTE 25th January, 1940 the notification of such death within twenty-four hours to the nearest District Health Office, or where the death has occurred in a village to the mukhtar of the village, and (6) where the death occurs in a public conveyance, the driver and conductor of such conveyance, or in their default any other person present at the death, shall be responsible for the notification of such death within twenty-four hours to the nearest District Health Office. Notification of deaths occurring otherwise than in a house, institution or conveyance. Duties of mukhtar. Réquisition by Medical Officer of information concerning death. Duty of licensed medical practitioner attending deceased to give notice of death.. (2) Where a person dies in a place other than a house, institution or public conveyance, or a dead body is found elsewhere than in a house, institution or public conveyance, it shall be the duty of every relative of the deceased having knowledge of any of the particulars required to be registered concerning the death, and, in default of such relatives, of every person present at the death, and of any person finding or taking charge of the body, and of the person causing the body to be buried, to give, within twenty-four hours after the death or the finding, such information concerning the death as the informant possesses, to the nearest District Health Office, or, where the death has occurred or the body has been found in a village, to the mukhtar of the village. (3) The mukhtar of a village shall to the best of his ability keep himself informed of the occurrence of all deaths or the finding of all bodies in his village, and shall keep a book of prescribed forms upon which he shall enter particulars of all such deaths or findings in his village which have been notified to him in accordance with subsection (1) or (2) hereof or of which he shall have received notice in any other manner, and after taking a record of such particulars he shall, within twenty-four hours of receiving such notice as aforesaid, transmit such forms to the nearest District Health Office. (4) Where any death has, from the default of the persons required to give information concerning it, not being registered, the Medical Officer may, at any time after the expiration of twenty-four hours after the death or after the finding of the body, by notice in writing, require any person required by this Ordinance to give information concerning the death to attend personally at the District Health Office, within seven days after the receipt of the notice, and to give the said information to the best of the informant's knowledge and belief; and it shall be the duty of such person, unless the death is registered before the expiration of the time specified in the requisition, to comply with the requisition. (5) In the case of the death of any person attended during his last illness by a licensed medical practitioner, that practitioner shall sign and give to some person required by this section to give notice or information concerning the death, a certificate in the prescribed form stating to the best of his knowledge and belief the cause of the death. Registrars and registers of births and deaths. 6. (1) A register of births and deaths shall be kept at the District Health Office in such form and manner as the Director may from time to time direct. (2) The Director may by order appoint for each district a Medical Officer to be District Registrar of Births and Deaths, who shall be responsible for the keeping of the said register and for the carrying out the functions imposed under sections 4 and 5 upon Medical Officers in connection with notification and registration of births and deaths, and shall perform such other duties in connection therewith as may be prescribed under section 9. Subject to any such appointment the Senior Medical Officer for each district shall be the District Registrar of Births and Deaths for that district.

7 25th January, THE PALESTINE GAZETTE 91 (3) In the event of any register of births and deaths being lost or destroyed in whole or in part, whether before or after the commencement of this Ordinance, the District Registrar of Births and Deaths may re-register any birth or death if satisfied upon evidence tendered by affidavit that such birth or death was registered in the register so lost or destroyed, and such re-registration shall, for the purpose of issuing any certificate thereon or for any other purpose, be as valid and effective as the original registration. BURIAL GROUNDS. 7. (1) On the representation of the Director, the District Commissioner may by order prohibit the opening of any new burial ground in any town or order discontinuance of burials in any specified place or part thereof, and after such order has been made no burial ground may be opened in such town or continue to be used in such specified place or part thereof without the consent of the District Commissioner. (2) A register of burials shall be maintained by the authority in charge of any burial ground, or by the mukhtar in villages. (3) The site of every new burial ground shall require the approval of the Director and if such approval is not granted the burial ground may be closed by order of the Director. (4) Every new burial ground (a) shall be situated in such a position as not to endanger by pollution any river, well or other water supply; and (b) shall be situated at such distance from a town as may be convenient for transport of corpses : Provided that it shall not be situated at less than 200 metres from a town or village boundary and shall not at the date when it is opened be less than 100 metres from the nearest existing dwelling house; '.(c) shall be surrounded by a durable fence or wall which shall be at least one and a half metres high and which shall be maintained in good repair. (5) Every burial ground shall be adequately drained and the drainage may be carried into any sewer with the consent of the persons in whom such sewer is vested. (6) A municipal corporation or local council may, with the approval of the High Commissioner, and in accordance with the law for the time being in force relating to the expropriation of land, expropriate land for the purpose of its conversion into a new burial ground for any or all of the following reasons, that is to say : (a) where in any burial ground which remains in use there is not sufficient space for burial and where no other suitable burial ground has been provided; (b) where the continuance in use of any burial ground (notwithstanding there may be such space) is, by reason of its situation in relation to the water supply of the locality, or by reason of any circumstances whatsoever, likely to be injurious or dangerous to the public health; (c) where, for the protection of the public health, it is expedient to discontinue burials in any particular town, village, or place, or within certain limits; (d) where the existing burial ground is unsuitable by reason of the nature of the site or the character of the subsoil; Burial grounds. Register of burials. Site of burial grounds to be approved. Situation of burial grounds, etc. Drainage of burial grounds. Expropriation of land for new burial grounds

8 92 THE PALESTINE GAZETTE 25th Jarmarv (e) where the existing burial ground is inconvenient of access from the populous parts of the district. Conditions to be fulfilled before burial can take place. Rules. Penalties. 8. (1) No burial shall take place until a licensed medical practitioner has certified that death in his opinion was due to natural causes, or in the event of death being due to other than natural causes that a coroner has authorised burial, and until a permit for burial, which shall be free of charge, has been obtained from the District Health Office : Provided that this subsection shall, subject to the provisions of section 20(3) of this Ordinance, only apply to towns in which a District Health Office is situated. (2) Burial shall take place not sooner than three hours and not later than forty-eight hours after the death unless a Medical Officer specially authorises later burial. (3) Save with the express sanction of the District Commissioner no burial shall take place after sunset, except that in the event of the death of a Jew after the hour of 4 p.m. on Friday, burial shall be permitted up to the hour of 11. p.m. on the succeeding Saturday but not after that hour. (4) No burial shall take place except in a burial ground in existence as such at the date of this Ordinance, or duly approved in accordance with the provisions of this Ordinance. 9. The Director may, with the approval of the High Commissioner, make rules as to : (a) the form and manner of notification to the District Health Office of the occurrence of births and deaths; (b) the form and manner of registration of births and deaths, the fees payable for such registration, and the procedure with regard to alterations and correction of errors in the register. (c) provision of certificates of registration of births and deaths and the payment for the same; (d) payments to mukhtars for record and notification of births and deaths; (e) the certification of causes of death by medical practitioners; (/) the area and depth of graves and the drainage, sanitation, general arrangements and maintenance of burial grounds; (g) transport, exhumation and re-interment of corpses; (h) generally for the purpose of carrying into effect the provisions of this Part of the Ordinance. 10. (1) Any person responsible for notifying a birth or death who fails to do so in accordance with the provisions of this Part is guilty of an offence and is liable to a fine not exceeding five pounds or to imprisonment for a term not exceeding one month. (2) Any person contravening any of the provisions of section 8 of this Ordinance is guilty of an offence and is liable to a fine not exceeding five pounds or to imprisonment not exceeding one month, in respect of each such contravention. (3) Any person who (a) wilfully makes any false answer to any question put to him by the Medical Officer relating to the particulars required to be registered concerning any birth or death, or wilfully gives to a Medical Officer any false information concerning any birth or death or the cause of any death; or (b) wilfully makes in a register any false certificate, declaration or entry required for the purposes of this Ordinance, or forges or falsifies any such certificate, declaration, or entry, or, knowing any such certificate, declaration or entry to be false or forged, uses it as true, or gives or sends it as true to any person; or

9 25th January, 1940 THE PALESTINE GAZETTE 93 (c) makes any false statement with intent to have it entered in any register of births or deaths; is guilty of an offence and is liable to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding six months, or to both such penalties. PAET IV. INFECTIOUS DISEASES, HOSPITALS AND VACCINATION. 11. In this Part Interpretation. "Contact" means a person who has been, or is suspected by the Medical Officer of having been, in contact with a person suffering from an infectious disease; "Disinfection" means the destruction of bacterial organisms, infective agent, or the virus of a communicable disease, by exposure of persons to antiseptic solutions and of clothing, draperies, linen, carpets, rooms, closets, buildings or tents, foods, beverages and water supplies to heat, steam, chemical solutions or vapours in a manner approved by the Director with the object of preventing the dissemination of infectious disease; "Infected person" means a person suffering from, or in a condition capable of disseminating, an infectious disease; "Infectious Disease" means any of the diseases set out in the second schedule hereto : provided that the Director may, by notice in the Gazette, declare that any other disease shall be an infectious disease for the purpose of this Ordinance and shall in such notice specify the area within which and the period of time for which such notice shall have effect; "Infectious Hospital" means a permanent or temporary hospital of the Department of Helath or an isolated section of a Municipal Hospital or other Hospital which has been authorised by the Director to accommodate a specified number of cases of infectious diseases or special cases of infectious disease; "Isolation" means the detention of an infected person or contact in an isolation hospital or isolated house, tent, or place in a manner and under conditions approved by the Director; "Surveillance" means the notification of persons to the Medical Officers of the several places whither they are bound, and the medical examination of them with a view to ascertaining and maintaining supervision over their state of health (1) Where an inmate of any building is suffering from an Notification infectious disease, the following provisions shall have effect, that of infectious is to say: (a) the head of the family to which such inmate (in this Ordinance referred to as the patient) belongs, and in his default the nearest relatives of the patient present in the building or being in attendance on the patient, and in default of such relatives every person in charge of or in attendance on the patient, and in default of any such person the occupier of the building, shall as soon as he becomes aware that the patient is suffering from an infectious disease and in any case within twelve hours of his so becoming aware, send notice thereof to the Medical Officer of the District, or to diseases.

10 94 THE PALESTINE GAZETTE 25th January, 1940 the mukhtar of the village or quarter in which the case has occurred and the mukhtar shall within twelve hours of being informed or of becoming aware of a case of infectious disease notify the same to the Medical Officer of the District. (6) every medical practitioner attending on or called in to visit the patient shall forthwith and in any case within twelve hours, on becoming aware that the patient is suffering from an infectious disease, notify the Medical Officer of the District on the prescribed form. (2) Every person required by this section to notify an infectious disease who fails to do so within the prescribed time is guilty of an offence and is liable to a fine not exceeding five pounds or to imprisonment for a term not exceeding one month. Isolation of infectious case. Power to inspect premises where infectious disease is supposed to exist. 13. Every person required by section 12 to notify a case of infectious disease shall, upon the occurrence of such case, carry out such temporary measures of isolation as may be prescribed by the Medical Officer. 14. The Director or a Medical Officer or an Inspector may at any reasonable time of the day enter and inspect any house or premises in which he has reason to believe that any infectious disease exists, or has recently existed, and may examine any person found in such houses or premises. In the event of admission, inspection or examination being refused, a warrant authorising such entry may be obtained from a magistrate. Upon such warrant being obtained and exhibited any person refusing the admission or obstructing the examination or inspection aforesaid is guilty of an offence and is liable to a fine not exceeding two pounds for every such offence. Pemoval to hospital of infected persons. 15. (1) A person suffering from any infectious disease, who is without proper lodging or accommodation, or is so lodged that in the opinion of the Director or of a Medical Officer proper precautions cannot be taken for preventing the spread of the disease, or is lodged in a tent or van, or in a room occupied by others besides those necessarily in attendance on such person, or is on board a ship, may, on a certificate signed by the Medical Officer, be removed to an infectious hospital or other suitable place of isolation, and such person may be detained in such hospital, or place so long as he continues in an infected condition. In case of obstruction or opposition to such removal by the patient or other person, a magistrate may on application by the Medical Officer grant an order for such removal to be effected forthwith. (2) When removal is in the opinion of the Medical Officer impracticable or undesirable he may carry out or cause to be carried out such measures of isolation as he may prescribe. (3) The Director or a Medical Officer may place any contact of an infected person under observation under such conditions as he may prescribe, or under surveillance for such period (not exceeding the maximum incubation period of the disease counting from the date of the contact's last exposure to risk of infection therefrom) as he may consider necessary to circumscribe the infection. Power to 16. The Director or a Medical Officer or an Inspector may at enter and reasonable times enter any house or premises in which an infectious dismfeet. disease has occurred and may carry out or cause to be carried out any measures of disinfection or for the destruction of rats or other rodents therein that may, in his opinion, be necessary.

11 25th January, 1940 THE PALESTINE GAZETTE (1) In case of cholera, plague, typhoid and paratyphoid fevers and dysentery, the Director or a Medical Officer may carry out or prescribe as may, in his opinion, be necessary to prevent dissemination of disease : (a) disinfection, reconstruction, repair, replacement or closure of any household water supply installation, latrine, watercloset, sink, drainage or sanitary installation, and the cost of any such measures shall be chargeable to or recoverable from the owner of the premises in any case where such measures were in the opinion of the Director rendered necessary by reason of such installation, latrine, watercloset, or sink having been constructed or maintained in such a manner as to constitute a danger to health; Powers of Director and of High Commissioner in regard to certain diseases., (6) purification or protection of any private or public water supply; (c) the removal and manner of disposal of refuse, faecal matter and waste material from any private or public premises or public road, street or place, and require or cause the same to be removed and disposed of at the cost of the occupier of private premises or local authority.! (2) If in any of the cases mentioned in subsection (1) hereof it is in the opinion of the Director necessary to close any public water supply the Director shall make a report to the High Commissioner of the measures which he considers to be necessary and the High Commissioner may direct the local or other authority in charge of the water supply to take all or any such measures. 18. In any town or village, or in any area where labour is employed, and where in the opinion of the Director, cholera, or typhoid fever or dysentery or ankylostomiasis or schistosomiasis is or is likely to become prevalent he may, by notice issued by the District Commissioner, require the owner of the premises or of any land in the area to provide for the use of the occupiers of the premises or of the labourers on the land sanitary conveniences of such a type in such numbers and within such time as the Director may deem necessary. If the owner shall fail within the prescribed time to comply with the terms of such notice the Director or his accredited representative may arrange for the provision of such sanitary conveniences and the cost of such work shall be defrayed by the owner and shall be recoverable in like manner as taxes are recoverable under the provisions of the Taxes (Collection) Ordinance. 19. In any town, village or area where an infectious disease assumes or is likely to assume an epidemic character or where there exists in the neighbourhood infectious disease such as in the opinion of the Director constitutes a danger to the public health of such town, village, or area, the Director or Medical Officer may proceed to take such measures to protect the inhabitants thereof from infection as he considers necessary and may for this purpose inter alia subject the inhabitants of such town, village or area to such prophylactic inoculation or vaccination as in his opinion is necessary to limit the spread of infection. Any person who wilfully refuses to submit to inoculation or vaccination under this section against smallpox, cholera or plague is guilty of an offence and is liable to a fine not exceeding five pounds or to imprisonment for a term not exceeding one month. 20. (1) When any part of Palestine appears to be threatened with or is affected by a formidable epidemic, endemic or infectious disease, that is to say, plague, cholera, yellow fever, smallpox, Provision of sanitary conveniences for labourers in certain cases. Cap Prophylactic inoculation. Emergency powers.

12 THE PALESTINE GAZETTE typhus fever, or other disease declared by the High Commissioner by notice in the Gazette to be a formidable infectious disease, the High Commissioner may by notice as aforesaid declare that the health of the public is seriously threatened by the threat or existence of such disease in Palestine or in neighbouring territories, and upon such declaration being made, the Director shall be empowered to arrange for : (a) house to house visitation; (6) the provision of medical aid, dispensing of medicine, and accommodation, the promotion of cleansing, ventilation, and disinfection, and guarding against the spread of disease; (c) any such matters or things as may to him appear advisable for preventing or mitigating such disease; and may apply all or any of the arrangements so made within the whole or any part or parts of Palestine and to any ships whether in ports of inland waters or in territorial waters of Palestine. (2) Without prejudice to the powers given in subsection (1) hereof the Director may, after such declaration of the High Commissioner by notice as aforesaid, carry out any of the measures stated in this subsection which he considers necessary to prevent the introduction into or spread of such disease in Palestine, that is to say : (a) the removal, isolation, detention, surveillance, medical examination and treatment of infected persons, contacts, travellers and persons suspected of recent exposure to infection, and the proceedings necessary for obtaining specimens for laboratory examination from any of the aforementioned persons; (b) the prophylactic inoculation or vaccination of the general public, pilgrims, immigrants, travellers, contacts, or persons suspected of recent exposure to infection; (c) the entry into and inspection of all public or private premises at any time for the purpose of determining the existence of sick persons therein and of taking all measures therein considered necessary to prevent spread of infection; (d) the sanitary control, regulation and disinfection of water supplies, public or private; (e) the seizure, detention, disinfection or destruction of articles infected, or exposed to infection, or capable of conveying infection, provided that compensation may be paid for articles so destroyed; (/) the burial or disposal otherwise of the dead; (g) medical supervision of travellers from infected areas; (h) the requisition, on payment, of buildings, for the accommodation of persons requiring detention or isolation; (i) the occupation, on payment, of premises or lands for temporary hospitals in connection with measures undertaken for the control or prevention of disease; (j) the requisition, on payment, of transport required in connection w»th measures for the control of disease : Provided that, in case of dispute regarding the payments referred to in paragraphs (h), (i) and (?) hereof, the sum to be paid shall be decided by the District Commissioner. (3) The Director or a Medical Officer may prescribe that no burial of a body shall take place in an infected town, village, or area until the corpse has been examined by a Medical Officer or

13 25th January, 1940 THE PALESTINE GAZETTE 97 Inspector, and may take measures to ensure that corpses which have not been so examined are not interred in any cemetery or burial place. (4) (a) On the representation of the Director or Medical Officer, the District Commissioner may cause to be removed or destroyed any structure or shelter used for human or for animal habitation which on account of its insanitary condition forms, in the opinion of the Director or Medical Officer, a focus for the dissemination of disease. Compensation in respect of the removal or destruction of any such structure or shelter, of an amount to be settled by arbitration in default of agreement, may be paid to the owner thereof : Provided that in deciding whether such compensation is payable and if so to what amount, the degree (if any) to which the insanitary condition of such structure or shelter was attributable to. the default or neglect of the owner shall be taken into account. (b) In case of epidemic in a circumscribed area, the District Commissioner may order that no person shall leave the area circumscribed and may take such measures by means of cordon sanitaire or otherwise as may be necessary to enforce such order, and may for this purpose demand the assistance of the Police. (5) Any person who wilfully refuses to comply with any order or direction lawfully given under this section is guilty of an offence and is liable to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding one year or to both such penalties. 21. (1) If the Medical Officer of any district has evidence that any person is suffering from an infectious disease attributable to milk supplied within the district from any dairy, or that the milk from any such dairy is likely to cause any such disease to any person residing in the district, a Medical Officer shall visit such dairy and shall examine the dairy and every person engaged in the service thereof or resident upon the premises or who may be resident in any premises where any person employed in such dairy may reside, and shall forthwith report the results of his examination to the Senior Medical Officer of the Department of Health in such district who, after considering the report together with a report of a Government Veterinary Officer upon the state of health of the herd and any other evidence that may be submitted by parties concerned, shall either make an order requiring the dairyman not to supply any milk either within or without the district from the dairy until the order has been withdrawn by the Senior Medical Officer, or resolve that no such order is necessary. Inspection of dairies and power to prohibit supply of milk. (2) Any such order shall be forthwith withdrawn on the Senior Medical Officer being satisfied that the milk from the dairy is no longer likely to cause infectious disease. (3) It shall be open to any dairyman aggrieved by any such order to appeal to the District Commissioner, who may either make an. order requiring the dairyman to cease from supplying milk, or may vary or rescind any order which has been made by the Senior Medical Officer, and may at any time withdraw any order made under this section. Penaing the disposal of any such appeal the order shall remain in force. (4) Any person who refuses to permit the Medical Officer to make examination as above provided, or, after any order has been made under this section, supplies milk in contravention of the order, is guilty of an offence and is liable to a fine not exceeding ten pounds, and, if the offence continues, to a further fine not

14 98 THE PALESTINE GAZETTE 25th January, 1940 Penalties for exceeding five pounds for every day during which the offence continues. (5) A dairyman shall not be liable to an action for breach of contract if the breach be due to an order under this section. 22. (1) Any person who mxcted e persons ( a ) w m e l suffering from an infectious disease wilfully exposes and things. himself in such a manner as to be a danger to public health in any street, public place, shop, hotel, public conveyance or any place used in common by persons other than members of the family or household to which the person so suffering belongs, or who being in a condition likely to endanger public health enters any public conveyance without previously notifying to the owner, conductor, or driver thereof that he is so suffering; or (b) being in charge of any person such sufferer; or (c) so suffering, so exposes gives, lends, sells, transmits or exposes, or permits to be washed or exposed in any wash house or laundry or place which is used in common by persons other than the family or household to which the infected person belongs, without previous disinfection satisfactory to the Medical Officer, any bedding, clothing, rags or other things which are likely to harbour the infection of any such disease, is guilty of an offence and is liable to a fine not exceeding five pounds. (2) Every owner or driver of a public conveyance shall immediately provide for the disinfection of such conveyance to the satisfac- tion of the Medical Officer after it has to his knowledge conveyed any person suffering from an infectious disease of such a nature or under such conditions that the conveyance may be likely to harbour or retain infection or the infecting agent of the disease; and if he fails to do so he shall be guilty of an offence and liable to a fine not exceeding five pounds; but no such owner or driver shall be required to convey any person so suffering until he has been paid a sum sufficient to cover any loss or expense likely to be incurred by him in carrying into effect the provisions of this subsection. It shall be the duty of the Department of Health, when so requested by such owner or driver, to provide for the disinfection of such public conveyance as aforesaid, and the Department may do so free of charge. (3) Any person who knowingly lets for hire any house, room, or part of a house in which any person has been suffering from an infectious disease, without having such house, room, or part of a house and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer or Inspector, is guilty of an offence and is liable to a fine not exceeding twenty pounds. For the purposes of this subsection the proprietor of an hotel shall be deemed to let for hire part of a house to any person admitted as a guest into such hotel. (4) Every parent or person having care or charge of a child who is or has been suffering from any of the infectious diseases set out in the third schedule hereto, or from any other disease which the Director shall by notice in the Gazette declare to be an infectious disease within any specified area and for any specified period for the purpose of this subsection, or of a child who resides in a house where any such disease exists or has existed within a period of three months, who shall knowingly or negligently permit such a child to attend school without procuring and producing to the

15 25th January, 1940 T H E PALESTINE GAZETTE 99 teacher or other person in charge of such school a certificate from the Medical Officer, (which he shall grant free of charge), or from some licensed medical practitioner, that proper precautions against spreading disease or infection have been taken, and that such child may attend school without the risk of infecting others, is guilty of an offence and is liable to a fine not exceeding five pounds. Any teacher who shall knowingly permit any child to attend school in contravention of the provisions of this subsection, is guilty of an offence and is liable to a fine not exceeding five pounds. (5) No person suffering from an infectious disease or who is living in an infected house or who has been proved to be harbouring the infective agent of an infectious disease so as to be a danger to others, shall (a) without proper precautions against spreading such disease, or infection, engage in any occupation connected with food supply; or (b) carry on any trade or business in such a manner as to be likely to spread such disease. Any person who knowingly contravenes the provisions of this subsection is guilty of an offence and is liable to a fine not exceeding ten pounds. (6) (a) If a person dies in a hospital or place of temporary accommodation fot the sick from any infectious disease, and the Medical Officer or licensed medical practitioner certifies that in his opinion it is desirable in order to prevent the risk of communicating such disease or spreading infection, that the body be not removed from such hospital or place except for the purpose of being forthwith buried, it shall not be lawful for any person to remove the body except for that purpose; and the body when taken out of such hospital or place shall be forthwith taken directly to the place of burial and there buried. (b) Any person who wilfully contravenes the provisions of this subsection is guilty of an offence and is liable to a fine not exceeding ten pounds. (c) Nothing in this subsection shall prevent the removal of a dead body from a hospital to a mortuary, and such mortuary shall, for the purposes of this subsection, be deemed part of such hospital, 23. The Director may, with the approval of the High Commis- Rules, sioner, from time to time make such rules as to him may seem fit with regard to the isolation of or the provision of accommodation for or treatment of persons affected or liable to be affected with any epidemic, endemic, or infectious disease, and to preventing the spread of such diseases, as well on the seas, rivers, and waters of Palestine as on land; and may declare by what authority or authorities such rules shall be enforced and executed. REGISTRATION OF HOSPITALS AND NURSING HOMES. 24. For the purposes of this Part the term "Hospital" shall interpretation, include any hospital, convalescent home or nursing home, and any premises used, or intended to be used, for the reception of persons suffering from any sickness, injury, bodily or mental infirmity, and for the reception of women in childbirth, for the purpose of proriding such persons with nursing, whether or not any payment or reward is made or promised by or on behalf of any person so received.

16 100 25th January, 1940 Registration of hospitals. Management of hospitals. Conditions for registration. Responsible manager. Returns. Inspection and supervision. Cancellation and suspension of registration. 25. It shall not be lawful to institute or to conduct a hospital unless such hospital shall have been registered by the Director, and any person contravening the terms of this section is guilty of an offence and is liable to a line not exceeding fifty pounds. 26. Every hospital shall be under the management of a licensed medical practitioner. 27. No hospital shall be registered unless the Director is satisfied that (a) the licensed medical practitioner or the licensed medical practitioners in charge of such hospital or parts thereof are qualified to practise any special branch or branches of medicine there dealt with, and are in all other respects suitable to be in charge of such hospital; and (6) the nursing staff is adequate; and (c) the matron or other person in charge of the nursing staff in the hospital is a qualified nurse and holds a diploma or certificates of training in nursing recognised by the Director; and (d) the site, building or buildings, and general amenities are in all respects satisfactory; and (e) the equipment is suitable and sufficient to meet the requirements of such hospital or nursing home; and (/) such hospital contains not less than twelve beds exclusive of beds for isolation, for patients. 28. In the case of hospitals or nursing homes which are under the charge of more than one licensed medical practitioner, one only of such medical practitioners shall be deemed to be the manager and shall be responsible as such. 29. The manager shall furnish such statistical returns and records to the Medical Officer as may from time to time be prescribed by the Director. 30. The Director or a Medical Officer may at all reasonable times enter any hospital or nursing home for the purpose of supervision or inspection and may require to be produced to him the certificates of training of nurses employed therein, and a copy of the rules made under section (1) Where it appears to the Director that the manager of the hospital has failed to comply with the provisions of sections 25 to 30 inclusive or of any rules made under section 33 or that the management of the hospital or nursing home is such as is not in the best interests of the health and well being of patients admitted thereto, he may cancel or suspend the registration of such hospital or nursing home. Any manager of such hospital or nursing home, the registration of which has been so cancelled or suspended, who is aggrieved by such cancellation or suspension may within three months after the date thereof appeal to the High Commissioner : provided that such cancellation or suspension shall have immediate effect, and shall not be stayed pending the High Commissioner's decision upon any such appeal. (2) Upon cancellation or suspension of the registration of a hospital or nursing home under subsection (1), it shall be immediately closed for the admission of new patients, and remaining in-patients shall be discharged, or transferred to another hospital or nursing home, or retained until fit in the opinion of the Director to be so transferred, in accordance with the instructions of the Director. The retention of any patients unt'l they are fit to be transferred, in accordance with the instructions of the Director as aforesaid, shall not be deemed to constitute an offence under section 25.

17 25th January, 1940 THE PALESTINE GAZETTE 32. Every person contravening the provisions of sections 26 to 30 inclusive, or of any rules made under section 33, is guilty of an offence and is liable to a fine not exceeding fifty pounds. 33. The Director may make rules regarding the institution, registration, conduct, and supervision of hospitals and nursing homes and a copy of any rules made under this section shall be furnished to every registered hospital and nursing home ; without prejudice to the generality of the powers so conferred the Director may make rules prescribing requirements with regard to Penalty. Rules. (a) the sanitary arrangements; (6) the accommodation for patients and nursing staff; (c) accommodation for operation theatres, laboratories, sterilisation and disinfection, pharmacies and other technical purposes; (d) the nursing staff both as to qualification and training; (e) the preparation and storage of food both for patients and staff; (/) general medical and domestic arrangements ; arrangements for disinfection (/ )) and the prevention of the spread of infection ; (h) arrangements in the event of fire ; (i) the admission and discharge of patients, and keeping and supervision of records and statistics ; (?) hours of work and working conditions for nurses. VACCINATION, 34. For the purposes of this Part, the term "vaccinator" shall include a medical practitioner licensed to practise in Palestine, and a duly authorised officer of the Department of Health. 35. (1) The parent of every child, or, in the event of the death, illness, absence, or inability of the parent, then the person who has the care, nurture, or custody of the child, shall, within three months after the birth of the child, cause it to be vaccinated, and shall, after such vaccination, cause the child to be brought to the vaccinator for inspection at such time and place as the vaccinator may direct; and upon the successful vaccination of the child the vaccinator shall upon request deliver to such parent or person a certificate that the child has been successfully vaccinated; and such certificate, if demanded at the time that vaccination is pronounced to be successful, shall be given free of charge. In the event of the vaccination being unsuccessful, the parent or person having the care, nurture or custody of the child shall within two months of the date of the unsuccessful vaccination cause the child to be re-vaccinated. Interpretation. Compulsory vaccination of children, and issue of vaccination certificates. (2),No fee shall be charged for a vaccination performed by an officer of the Department of Health. 36. In the event of the vaccinator being of opinion, after three successive vaccinations, that any child is insusceptible of vaccine disease, he shall deliver to the parent or person having the care, nurture, or custody of such child a certificate that the child is insusceptible of vaccine disease, and such parent or other person shall forthwith present such certificate to the District Health Office for record. Certificate of insusceptibility,

18 102 THE PALESTINE GAZETTE Postponement of vaccination beyond statutory period. Vaccination registers. General vaccination. Penalty. Penalty for inoculation with variolous matter. Rules. 37. If any medical practitioner or medical officer is of opinion that any child is not in a fit and proper state to be successfully vaccinated, the parent or person having the care, nurture, or custody of the child shall, during each succeeding period of two months until the child has been successfully vaccinated, cause the child to be examined by a medical practitioner; and if such practitioner deems the child to be then in a fit and proper state for vaccination, he shall forthwith vaccinate him accordingly. 38. There shall be entered in the Register of Births in respect of every child whose vaccination has been certified, as herein provided, a statement to that effect together with the date of such vaccination; and there shall be maintained in such manner as the Director may prescribe in every District Health Office a register of vaccinations. 39. The District Commissioner may, upon the request of the Director, by public notice order all persons residing in his district or any part thereof to be vaccinated within a specified time, unless such persons can show that they have been successfully vaccinated within a period of less than three }*ears; any such person who is not within the specified period so' vaccinated is guilty of an offence and is liable to a fine not exceeding one pound or to imprisonment for a term not exceeding one month. 40. In every case where a child is not vaccinated within the periods and in the manner respectively herein prescribed, the Medical Officer of the district shall in writing intimate such failure to the parent or person having the care, nurture, or custody of such child, and if the child is not vaccinated within twenty days of such notice the parent or person aforesaid so failing is guilty of an offence and is liable to a fine not exceeding one pound or to imprisonment for a term not exceeding one month. 41. Any person who produces or attempts to produce the disease of smallpox in any person, by inoculation with variolous matter, or by wilful exposure to variolous matter, or to any matter, article, or thing impregnated with variolous matter, or who wilfully by any other means whatever produces or attempts to produce the disease in Palestine, is guilty of an offence and is liable to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding six months. 42. The Director may make such rules, and prescribe such forms therein, as he may deem requisite for carrying into effect the provisions of this Part dealing with vaccination. PART V. ANTIMALARIA PROVISIONS. Occupiers to take precautions against breeding of mosquitoes. 43. (1) Every occupier or, in the absence of the occupier, every owner of premises, shall take all necessary precautions in accordance with this Ordinance and with any rules issued thereunder by the Director, to prevent the breeding of mosquitoes. (2) In the case of two or more persons being registered as joint occupiers or joint owners, each of them shall be deemed an occupier or owner for the purposes of this Part. Restriction upon 44. The growing of rice in Palestine is prohibited except in growing of rice. such areas and in such manner as shall be approved by the High Commissioner.

19 25th January, 1940 THE PALESTINE GAZETTE (1) The occupier of irrigated lands or gardens, or, in the absence of the occupier, the owner thereof, shall take measures necessary to prevent the drains, wells, private canals or irrigation channels thereon from providing breeding grounds for mosquitoes. (2) Such necessary measures may be communicated by the Director in any particular case or may be prescribed in the form of general rules. (3) Any new drain on such lands shall be so constructed as to comply with the provisions of this Part and any rules made thereunder. 46. Where a main drain or other reasonable facilities for drainage exist in the neighbourhood, the occupier or owner of any marsh land which is declared by the Director to be a source of malaria, may be called upon by the Director to make such connections therewith or such alterations thereto as shall result in the effective drainage of such land. 47. The Director may require the occupier or owner of land through which streams or water courses pass, or any person having an easement in respect of such streams or water courses, to keep such streams or water courses in such a condition as will not allow of mosquito breeding. For this purpose the Director may require such occupier or owner or other person to comply with the prescribed rules and with any instructions in accordance therewith which he may issue in any specific case. 48. Any official of the Department of Health of the rank of Sub-Inspector or of higher rank may at any convenient time in the daytime enter upon any premises for the purpose of ascertaining whether any breach of this Part or of any rules made thereunder is being or has been committed thereon : Provided that no entry shall be made into a dwelling house except with the consent of the occupier or in virtue of an order of a magistrate. 49. The Director, after having served due notice upon a person requiring him to carry out any necessary measures in accordance with the provisions of this Part, and after a failure of compliance with such notice, shall have power, with the approval of the District Commissioner, to carry out such measures himself and to recover the costs from such person as provided for under the Taxes (Collection) Ordinance. 50. Notwithstanding any provision of this Ordinance, the finding by a Medical Officer or Sub-Inspector of living immature forms of mosquitoes in any house or in any garden attached thereto shall render the occupier thereof, or if there is no occupier the owner thereof, guilty of an offence under this Part of the Ordinance. 51. Any person who contravenes any of the provisions of this Part or of any rules made under section 52, or who fails to comply with any directions lawfully given and communicated to him by the Director by virtue of this Part, is guilty of an offence and is liable, in the case of a first offence, to a fine not exceeding five pounds, or to imprisonment for a term not exceeding fifteen days, and in the case of a second or subsequent offence to a fine not exceeding fifteen pounds or to imprisonment for a term not exceeding one month. 52. The Director, with the approval of the High Commissioner, may make rules for the effective carrying out of the provisions of this Part, Occupiers of irrigated lands to take measures to prevent breeding. Drainage of marsh land. Streams and water-courses to be kept in proper condition. Eight of entry. Power of Director to carry out preventive measures. Cap Presence of mosquito larvae an offence. Penalties. Eules.

20 104 THE PALESTINE GAZETTE 25th January, 1940 PART VI. SANITARY PROVISIONS. Nuisances. Interpretation. 53. Por the purposes of this Part of this Ordinance the following shall be deemed to be nuisances : (a) Any premises or part thereof of such a construction or in such a state or used in such a way as to be injurious or dangerous to health; (b) Any street, pool, gutter, ditch, channel, water course, sink, cistern, water closet, earth closet, privy, urinal, cesspool, I sewer, drain, dung-pit, or ash-pit or receptacle for refuse or! garbage of any kind so foul or in such a state or so situated j as to be injurious or dangerous to health; i J (c) Any stable or cowshed or other building in which any animal or animals are housed, kept in such place or manner, or any animal kept in such place or manner or in such numbers, as to be injurious or dangerous to health; 1 (d) Any accumulation or deposit, including any deposit of mineral refuse, which is injurious or dangerous to health; \ or any deposit of offensive matter, refuse, or offal or manure I within fifty metres of any public road wherever situated; or I any offensive matter, refuse or offal, or manure contained in uncovered trucks or wagons standing or being at any station or siding, or elsewhere on a railway or in boats, so as to be injurious or dangerous to health; (e) Any school, or any factory, workshop or work place (i) not kept in a cleanly state and free from effluvia arising from any drain, privy, water closet, earth closet, urinal or other source of noxious effluvia; or \ (ii) not ventilated in such a manner as to render harmless 1 as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are injurious or dangerous to health; or (iii) so overcrowded while work is carried on as to be in- \ jurious or dangerous to the health of those employed \ therein; (/) Any work, manufactory, trade or business injurious to the health of the neighbourhood or so conducted as to be injurious or dangerous to the health of those employed therein; (g) Any house or part of a house so overcrowded or so situated \ as to be injurious or dangerous to the health of the inmates; (h) Any houses, huts, tents, vans, or sheds whether used as dwellings or as stables or for any other purpose which are, by reason of the manner in which such houses, huts, tents, ;. vans or sheds are crowded together or by reason of want of j drainage or the impracticability of scavenging or for any J other reason, injurious or dangerous to health; I (i) Any premises which in the opinion of a Senior Medical i Officer are rendered insanitary by reason of their being used I by any person for the purpose of temporary residence or \ habitation; 1 (?) Any well or water supply, public or private, injurious or \ dangerous to health;

21 25th January, 1940 THE PALESTINE GAZETTE 105 (k) Any fireplace or furnace and any chimney, shaft or funnel \ which does not so far as is practicable consume the smoke! or fumes arising from combustion therein, or sends forth smoke in such quantity as to be injurious or dangerous to health; and, for the purposes of the Ordinance, smoke shall include vapours, gases, soot, ash, grit, dust, and any sus- pended matter or particles;! (I) Any pit or excavation which by reason of its existence or j use, is, or is likely to be, injurious or dangerous to health; I (ni) Any church yard, grave yard, burial ground, cemetery or I place of interment so situated or so crowded or so conducted j as to be offensive or injurious or dangerous to health. Provided : I (i) that a penalty shall not be imposed on any person in I respect of any accumulation or deposit necessary for the j effectual carrying on of any business or manufacture if I it be proved to the satisfaction of the court that the ac- 1 cumulation or deposit has not been kept longer than is 1 necessary for the purposes of the business or manuj facture, and that the best means have been taken for preventing injury thereby to the public health; \ (ii) that where a person is summoned before any court in respect of a nuisance arising from a fireplace or furnace which does not consume the smoke arising from the com ; bustible used in such fireplace or furnace, the court shall hold that no nuisance is created within the meaning of this Part of this Ordinance, and dismiss the complaint, if it is satisfied that such fireplace or furnace is conj structed in such a manner as to consume as far as practicable, having regard to the nature of the manufacture or trade, all smoke arising therefrom, and that such fireplace or furnace has been carefully attended to by the person having the charge thereof. 54. (1) On the receipt of any information respecting the existence of a nuisance, the Local Sanitary Authority, if satisfied of the existence of such nuisance or on the complaint of any Medical Officer or Inspector, shall serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice and to execute such works and do such things as may be necessary for that purpose, and if the Local Sanitary Authority think it desirable specifying any works to be executed. Notice requiring abatement of nuisance. I (2) The Local Sanitary Authority maj^ also by the same or an- I other notice served on such occupier, owner or person require him I to do what is necessary for preventing the recurrence of the nuis- I ance and if they think it desirable specify any works to be executed! for that purpose, and may serve that notice notwithstanding that I the nuisance may for the time have been abated if the Local San- I itary Authority consider that it is likely to recur on the same premises. j (3) (a) Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied the notice shall be served on the owner; (b) where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by

22 106 THE PALESTINE GAZETTE 25th January, 1940 the act, default or sufferance of the occupier or owner of the premises the Local Sanitary Authority shall themselves abate the same and shall do what is necessary to prevent the recurrence thereof, and may recover costs from the person through whose act, default or sufferance the nuisance arose or continued, when found. (4) Where a notice has been served on a person under this section and (a) the nuisance arose from the wilful act or default of such person, and (6) such person has made default in complying with any of the requisitions of the notice within the time therein specified, he shall be guilty of an offence and liable to a fine not exceeding ten pounds for each offence, whether any nuisance order as provided for in section 55 of this Ordinance is or is not made upon him. Procedure in case of failure to comply with notice; nuisance orders. 55. (1) If either (a) the person on whom a notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time therein specified; or (b) the nuisance although abated since the service of the notice is in the opinion of the Local Sanitary Authority or a Medical Officer likely to recur on the same premises, the Local Sanitary Authority or the Medical Officer may apply to the District Commissioner who, if it appears to his satisfaction that the default has been made or that the nuisance, though abated, is likely to recur on the same premises, may make on such person an order, herein referred to as a nuisance order. (2) A nuisance order may be either an abatement order or a prohibition order or a closing order or a combination of such orders. (3) An abatement order may require a person to comply with all or any of the requisitions of the notice or otherwise to abate the nuisance within a time specified in the order. (4) A prohibition order may prohibit the recurrence of a nuisance. (5) An abatement order or prohibition order shall, if the person on whom the order is made so requires or the District Commissioner considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance. (6) A closing order may prohibit a house from being used for human habitation. (7) A closing order may be made only where it is proved to the satisfaction of the District Commissioner that by reason of a nuisance a house is unfit for human habitation, and if such proof is given the District Commissioner shall make a closing order. (8) A District Commissioner when satisfied that the house has been rendered fit for human habitation may declare that he is so satisfied and determine the closing order. (9) If a person fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance he shall, unless he satisfies a magistrate that he has used all due diligence to carry out such order, be liable in addition to any other penalty prescribed

23 25th January, 1940 THE PALESTINE GAZETTE 107 in this Ordinance, to a fine not exceeding one pound during each day of his failure to comply, and if a person knowingly and wilfully acts contrary to a prohibition or closing order he shall be liable in addition to any other penalty prescribed in this Ordinance to a fine not exceeding two pounds for each day during such contrary action, and in either case the Local Sanitary Authority may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever may be necessary in execution of such order, and the expense thereby incurred shall be paid by the person in default. (10) A District Commissioner making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred by the Local Sanitary Authority in obtaining the order. 56. (1) Where a closing order has been made with respect to any house the Local Sanitary Authority shall serve notice of the order on the owner and in addition on every occupier of the house. Every ow r ner and occupier so served shall within such period as is specified in the notice not being less than fourteen days after the service of the notice, obey such order, and every such occupier shall, together with his family, cease to inhabit the house; in default, such occupier shall be guilty of an offence and liable to a fine not exceeding one pound per day during his disobedience to the order, and the District Commissioner shall upon application by the Local Sanitary Authority make an order for his ejectment, which may be carried into effect by any Police Officer or Officers: Closing and demolition orders. Provided that the owner shall make to every tenant whose tenancy has not been lawfully determined such reasonable allowance (if any) on account of his expenses in removing as shall be assessed by the District Commissioner, and such allowance shall be recoverable before a magistrate's court. (2) Where a closing order has been made in respect of any house and has not been cancelled by a subsequent order, then the Local Sanitary Authority if of opinion that the house has not been rendered fit for human habitation and that the necessary steps are not being taken with all due diligence to render it so fit, or that the house cannot be rendered fit for habitation and that the existence of the house or of any part thereof is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring houses, may make a complaint to the District Commissioner who, after hearing the complaint, may make on the owner an order for the demolition of such house or part thereof within a time specified in such order, hereinafter referred to as a demolition order. The demolition order may also contain a direction that the building materials or any part of such materials be destroyed. (3) Where a demolition order has been made, and no appeal therefrom has been preferred within the time prescribed or, if such appeal has been preferred it has been rejected, the owner of the house shall within the time mentioned in such order take down and remove the same or such part thereof as is required to be demolished, and if the demolition order so directs and to the extent therein mentioned, shall destroy the materials thereof, and if the owner fails therein the Local Sanitary Authority shall proceed to take down and remove the same and if necessary destroy the materials, and may recover the costs of such work from the owner. (4) Any person aggrieved by a demolition order made upon him may appeal to the High Commissioner within one month of the date upon which such order was served upon him.

24 108 THE PALESTINE GAZETTE 25th January, 1940 (5) The owner of any house in respect of which a closing or demolition order has been made shall refund to any tenant thereof any rent which he has received from such tenant in respect of any period or part of any period for which the tenant has by reason of such order been unable to occupy such house. Deposit of refuse, etc. in street. Power of entry. 57. It shall be an offence under this Ordinance to deposit in any street any refuse whether of animal, mineral or vegetable origin or any excremental matter, or to pour into any street water or liquid matter from any premises. 58. :(I) The Local Sanitary Authority or any of its Officers, or any duly authorised Officer of the Department of Health may, during the daytime, upon giving reasonable notice, or on the order of a magistrate at any time, enter any building or premises for the purpose of examining as to the existence of any nuisance therein, and such officers may if necessary open up the ground of such premises and cause the drains to be tested or such other work to be done as may be necessary for the effectual examination of the said premises. (2) In the event of obstruction to such entry a magistrate, after intimation to the owner or occupier of the premises, may grant a written order for admission. If such order is disregarded, the person obstructing entry thereunder shall be guilty of an offence and liable to a fine not exceeding five pounds, and a further order for forcible entry may be granted in like manner. If no occupier can be discovered or if no person is found on the premises, entry may be by force. If no nuisance be found the Local Authority shall restore the premises to their former condition at their own expense. Any order granted under this section shall remain in force until the nuisance has been removed, or has been found not to exist. Service of notices and orders. 59. (1) For the purpose of this Part of this Ordinance a notice or order shall be deemed to be validly served on any person (a) by delivering the same to such person, or by delivering the same at his last known place of abode to some adult member of his family or to a servant of his family, and in the absence of such persons to any adult there present; or (b) by leaving the same at the usual last known place of abode or business of such person, or by posting the same conspicuously in or upon such place in the presence of two witnesses; or (c) by forwarding the same by post in a prepaid letter addressed to such person at his usual or last place of abode or business premises. (2) If such notice or order is served by post it shall be deemed to have been delivered at the time when the letter containing the notice or order would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter has been registered in the outgoing mail register and that the letter was properly addressed and put into the post: (3) Where a notice or order is required by this Part to be served on the owner or occupier of any land or building, it shall, unless served by post, be deemed to be properly addressed by the description of the "Owner" or "Occupier" of such land or building without further adding any other name, title or description. Proceedings in certain cases against nuisances. 60. (1) Where any nuisance under this Part appears to be wholly or partially caused by the acts or defaults of two or more persons, it shall be lawful for the Local Sanitary Authority or other complainant to institute proceedings against any one of such persons, and to include all. or any two or more of such persons in one

25 25th January, 1940 THE PALESTINE GAZETTE 109 proceeding; and any one or more of such persons may be ordered to abate such nuisance as far as appears to the court having cognizance of the case to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of such court, contribute to any nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to such court may appear fair and reasonable. (2) Proceedings against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. (3) Whenever in any proceeding under the provisions of this Part relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the "owner" or "occupier" of such premises, without name or further description. 61. (1) For the purpose of the provisions of this Part relating to nuisances, any ship or vessel lying in any river, harbour, or other water within the district of a Local Sanitary Authority, shall be subject to the jurisdiction of that authority in the same manner as if it were a house within such district. Provisions as to ships. (2) Except in so far as the High Commissioner may by order generally or in any particular case direct, this section shall not apply to any ship or vessel under the command or charge of any officer bearing His Majesty's Commission, or to any ship or vessel belonging to any foreign Government. 62. The provisions of this Part relating to nuisances shall be deemed to be in addition to and not to affect or abridge any right of remedy or proceeding under any other provisions of this Ordinance or under any other law or Ordinance or otherwise: Provided that no person shall be punished for the same offence both under the provisions of this Ordinance relating to nuisance, and under any other law or Ordinance or otherwise. Provisions relating to nuisances not to affect other remedies. RURAL SANITARY AREAS AND VILLAGES. 63. In rural sanitary areas, in addition to the other provisions of this Part, the following provisions shall apply : (1) Every occupier of premises and every owner of unoccupied premises shall Duties of house-holders in rural sanitary areas. (a) keep clean such premises and their immediate vicing; (b) clear and remove any deposit of filth, house refuse or street sweepings, or other objectionable matter in or on such premises or in their immediate vicinity, to the satisfaction of a Medical Officer. (2) If the owner or occupier of any such premises permits them to be in a filthy or unwholesome state, he may be required by notice in writing from an Inspector to cleanse them or put them in a proper state within such period not being less than twentyfour hours as may be specified in the notice; if such owner or occupier fails to comply with the terms of such notice, the Inspector aforesaid shall notify the Medical Officer of such failure and the Medical Officer shall serve on the owner or occupier a Procedure in case of premises in an unwholesome state.

26 110 THE PALESTINE GAZETTE 25th January, 1940 PoAvers of the Medical Officer of Health and Inspectors. further notice, under his hand, requiring him to cleanse the premises or put them in a proper state within such period not being less than twenty-four hours as may be specified in such further notice, and any such occupier or owner who fails to comply with the terms of such further notice within the time specified, shall be guilty of an offence and liable to a fine not exceeding one pound and to a further penalty of one hundred mils for every day during which the offence is continued after the service of such further notice as aforesaid : Provided that for the purposes of this section any structural work required to be done shall be dealt with in accordance with the provisions of section 54. (3) In all villages and Rural Sanitary Areas the Medical Officer and Inspectors shall be authorised to (a) inspect and control the sanitation and cleanliness of premises, and prescribe areas for the disposal of refuse; (b) control and abate nuisances; (c) inspect and control public and private water supplies; (d) prescribe the sanitary conditions under which articles of food and drink are sold in such areas, to the extent that provision for such control is not made by other enactments; (e) perform all such other duties as are assigned to them under the provisions of this Ordinance. Duties of the mukhtar. (4) It shall be the duty of the mukhtar in villages to assist the Medical Officer and Inspectors in the various matters herein specified and to ensure that the various requirements of the Medical Officer are carried out. Provision and maintenance of water supplies. Cap Cap In any village, the village authority may, and if so required by the High Commissioner shall, provide and maintain necessary means of drainage and a supply of water proper and sufficient for public and private purposes, and for this purpose, subject to the provisions of the Village Roads and Works Ordinance and of the Local Councils Ordinance, or any Ordinance substituted therefor, and of any order made thereunder, may (a) construct and maintain water works, dig wells, and do any other necessary acts; (6) contract with any person for a supply of water; (c) construct and maintain drains and sewers and drainage disposal works; provided that any scheme of water supply or drainage shall require the approval of the Director; and (d) generally perform any public work which may tend to promote the sanitation and cleanliness of the village and the health and well being- of the inhabitants thereof. PART VII. MISCELLANEOUS. Provision of sanitary conveniences. 65. After the coming into operation of this Ordinance, no person shall build any new house to be used for the purpose of habitation, or rebuild any existing house to be so used, which has not within it or within its immediate vicinity (for the use of the occupants thereof) a water closet or such other sanitary conveniences as may be approved by the Medical Officer.

27 25th January, Any Local Sanitary Authority may, and if required by the District Commissioner shall, provide and equip a proper place for the reception of dead bodies before interment (in this Ordinance called a mortuary), and may make by-laws with respect to the management and charges for use of the same; they may also provide for the decent and economical interment, at charges to be fixed by such by-laws, of any dead body which may be received into a mortuary. Local authority may provide mortuaries. 67. Where the body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any Medical Officer may, on a certificate, signed by a licensed medical practitioner, or if no such certificate be available then on his own authority, order the body to be removed, at the cost of the Local Sanitary Authority, to any mortuary provided by such authority, and direct the same to be buried within the time to be limited in such order; arid unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the Local Sanitary Authority to bury such body, but any expense so incurred may be recovered by the Local Sanitary Authority from any person legally liable to pay the expense of such burial. Medical Officermay in certain cases order removal of dead body to mortuary. Any person obstructing the execution of an order by a Medical Officer under this section is guilty of an offence and is liable to a fine not exceeding ten pounds. 68. Any Local Sanitary Authority may provide and maintain a proper place (otherwise than at a mortuary) for the reception of dead bodies during the time required to conduct any post-mortem examination ordered by a coroner or other constituted authority, and where any such place has been provided, a coroner or other constituted authority may order the removal of the body to and from such a place for carrying out such post-mortem examination, such costs of removal to be paid in the same manner and out of the same fund as the costs and fees for post-mortem examination when ordered by the coroner. Powers of Local Authorities to provide places for post-mortem examinations. 69. If the occupier of any premises prevents the owner thereof from obeying or carrying into effect the provisions of this Ordinance, the magistrate to whom application is made shall, by order in writing, require such occupier to permit the execution of the works required to be executed, provided that such works appear to such magistrate to be necessary for the purpose of obeying or carrying into effect the provisions of this Ordinance; and if within a reasonable time after the making of such order the occupier against whom it is made refuses to comply therewith, he shall be liable to a penalty not exceeding five pounds for every day afterwards during the continuance of such refusal. Penalty on occupier obstructing owner. 70. The Director may make rules generally for the purpose of carrying into effect the provisions of this Ordinance, and in particular, but without prejudice to the generality of the foregoing power, ' R u l e s (a) prescribing the forms of notices and orders and other instruments to be made or issued under this Ordinance; (b) for, securing sanitary conditions, and adequate accommodation of temporary labour engaged in fruit picking or other private or public undertakings.

28 112 THE PALESTINE GAZETTE 25th January, 1940 Penalty for contraventions not specifically provided for. Provisions of this Ordinance to prevail over similar provisions in other Ordinances in case of conflict. Repeal and saving. 71. Any person who wilfully violates or contravenes any provision of this Ordinance to which a pecuniary penalty is not herein attached, or obstructs any person acting under the authority or employed in the execution of this Ordinance, or wilfully violates any direction, order or rule lawfully given or made under this Ordinance, shall be liable for every such offence to a penalty not exceeding five pounds. 72. In the event of any conflict between the provisions of this Ordinance and the provisions of any other Ordinance or law regulating any of the matters regulated under this Ordinance, or between any powers conferred by this Ordinance and any powers conferred by any other Ordinance or law with regard to such matters, the provisions of this Ordinance and the powers conferred thereunder shall be deemed to prevail. 73. The Ordinances and other enactments mentioned in the first schedule to this Ordinance are hereby repealed to the extent specified in the third column thereof : Provided that all rules, orders, notices, certificates and permits lawfully made, issued or served under any Ordinance repealed by this Ordinance shall be deemed to have been made, issued or served (as the case may be) under this Ordinance, and remain in full force and effect until lawfully revoked or varied under this Ordinance. FIRST SCHEDULE. No. and Year Short Title of Ordinance or Law ; '_ Extent to repealed which 27th Shaban, Ottoman Law regulating the Articles 1 to 11 in Establishment of Private Hos clusive. pitals. Cap Public Health Ordinance. The whole. No. 29 of Public Health (Amendment) Ordinance, The whole.

29 25th January, 1940 THE PALESTINE GAZETTE 113 SECOND SCHEDULE. INFECTIOUS DISEASES UNDER SECTION 11. Ankylostomiasis. Anthrax. Black Water Fever, Cholera. Chicken Pox. Croup, Membranous. Dengue. Diphteria. Dysentery. Encephalitis Lethargica. Erysipelas. Foot and Mouth Disease. Glanders. Hydrophobia. Jaundice, infective (Weil's Disease). Leishmaniasis (Kala Azar). Leprosy. Malaria. Measles. Measles, German. Mumps. Meningitis, Cerebro-Spinal. Ophtalmia Neonatorum. Paratyphoid Fevers. Pneumonia, Acute Primary. Pneumonia, Acute Influenzal. Plague. Poliomyelitis, Acute, and Polioence - phalitis. Puerperal Fever. Relapsing Fever. Scarlet Fever. Schistosomiasis. Smallpox. Tetanus. Tuberculosis all forms. Typhoid Fever. Typhus. Undulant Fever. Whooping Cough. Yellow Fever. THIRD SCHEDULE. INFECTIOUS DISEASES UNDER SECTION 22(4). Cerebro-Spinal Meningitis. Chicken Pox. Diphteria. Dysentery (all forms). Enteric Fever (including the Paratyphoid foims). German Measles. Leprosy. Measles. Mumps. Scarlet Fever. Smallpox. Tuberculosis of Lung. Typhus. Whooping Cough.

30 114 THE PALESTINE GAZETTE 25th January, 1940 OBJECTS AND REASONS. This Ordinance repeals and consolidates the existing Public Health legislation of Palestine, most of which is contained in the Public Health Ordinance (Chapter 121 in the Revised Edition of the Laws), amplifies such of the legislation as has been proved by experience to be inadequate, and modernises, in the light of more recent knowledge and experience, certain provisions of the existing legislation, in particular the provisions as to the notification and registration of births and deaths, the prevention and control of infectious diseases, and the improvement of sanitation. The new provisions have in the main been based upon corresponding provisions in the Public Health Act, 1875, the Public Health (Scotland) Act, 1897, and the Cyprus Births and Deaths Registration Law, No. 16 of th January, (M/22/36) W. J. FITZGERALD Attorney-General.

31 25th January, 1940 THE PALESTINE GAZETTE NOTICE. The following D R A F T O R D I N A N C E is made public prior to enactment accordance with Article 17 (I) (d) of the Palestine Order in Council, 1922, amended by Article 3 of the Palestine (Amendment) Order in Council, m as 19th January, (Q/2/39) J. GUTCH Clerk to the Advisory Council. DRAFT. AN ORDINANCE TO AMEND THE MINING ORDINANCE. BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisorv Council thereof : 1. This Ordinance may be cited as the Mining (Amendment) Ordinance, 1940, and shall be read as one with the Mining Ordinance, hereinafter referred to as the principal Ordinance. 2. Section 85 of the principal Ordinance shall be amended by the deletion of the words "in the same manner as other interests in land'* appearing therein. 3. Section 86 of the principal Ordinance shall be amended by the repeal of subsection (4) thereof and the substitution of the following subsection therefor : "(4) A copy of every instrument required to be registered in the Mines branch as aforesaid, together with a copy of any map or plan necessary for the identification of the land referred to in the instrument, shall be filed in the appropriate Land Registry." 4. The principal Ordinance shall be amended by the insertion, after section 109 thereof, of the following section as section 109A : "Licences to remove sand, etc. from foreshore. 109A. (1) Notwithstanding anything in any law or Ordinance contained, no person shall remove, or excavate with a view to removing, sand or gravel from any foreshore situated within the area of any municipal corporation or local council, save under a licence issued by the District Commissioner. The District Commissioner may in his unfettered discretion grant or refuse such licence, or at %ny time revoke any licence so granted, and mav attach anv conditions to the grant thereof. Short title. Cap. 94. Amendment of section 85 of the principal Ordinance. Amendment of section 86 of the principal Ordinance. Insertion of new section in the principal Ordinance. (2) For the purposes of this section "foreshore" means the bed and shore of the sea and of every channel, creek, bay or estuary, and of every river so far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore. (3) Nothing in this section, or in any licence granted thereunder, shall affect the right of any person to prohibit, restrict or impose conditions as to the excavation, removal or other disturbance of any materials if he might have exercised that right apart from this section : Provided that in the exercise of any such right no person may permit the doing of any act or thing which would be unlawful under this section.

32 25th January, 1940 (4) For the purpose of section 111 of this Ordinance a person doing any of the acts prohibited under subsection (1) shall be deemed to be working a quarry, and a licence under that subsection shall be deemed to be a licence to quarry. OBJECTS AND REASONS. This Ordinance inserts a new section in the principal Ordinance (Chapter 94) prohibiting the removal of sand from foreshores without a licence. It was formerly considered that this would constitute an offence under section 109 of the principal Ordinance, as being "quarrying" within the meaning of that section, but it was recently held in the courts that the removal of sand from the seashore did not fall within the letter or spirit of that section. The practice has recently increased, particularly on foreshores situated within municipal areas, and continuous digging and removal of sand has resulted in many cases in the foundations of house property on the sea front being seriously undermined. Section 4 of this Ordinance accordingly inserts a new section in the principal Ordinance designed to check the practice within municipal and local council areas. 2. The opportunity has been taken to amend section 86 of the principal Ordinance (with a slight consequential amendment to section 85) so as to provide that prospecting permits, mining leases, etc., and all transfers, surrenders and amalgamations thereof, need only be registered in the Mines Branch and a copy of the instrument filed in the Land Registry, and need not also be actually registered in the Land Registry. Formal registration of mining instruments in the Land Registry in the same manner as other interests in land is virtually impossible in most cases, since the instruments generally relate to large areas of'land which are themselves, either unregistered or only partly registered and may not even be defined by plans as prescribed under the Survey Ordinance (Chapter 136), thus rendering it impossible to comply with the formal requirements of land registration in respect of such areas. 8th January, (Q/2/39) W. J. FITZGERALD A tt or ncy-general.

33 *25th January, 1940 THE PALESTINE GAZETTE NOTICE., The following DRAFT ORDINANCE is made public prior to enactment in accordance with Article 17 (1) (d) of the Palestine Order in Council, 1922, as amended by Article 3 of the Palestine (Amendment) Order in Council, J. GUTCH 19th January, Clerk to the Advisory Council. (Q/2/39) DRAFT. AN ORDINANCE TO AMEND THE OH MINING ORDINANCE, BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof : - ' 1. This Ordinance may be cited as the Oil Mining (Amendment) Ordinance, 1940, and shall be read as one with the Oil Mining Ordinance, 1938, hereinafter referred to as the principal Ordinance. S b o r t title 2. Section 7 of the principal Ordinance shall be amended by the repeal of subsection (4) thereof and the substitution of the following subsection therefor : "(4) A copy of every instrument required to be registered in the Mines branch as aforesaid, together with a copy of any map or plan necessary for the identification of the land referred to in the instrument, shall be filed in the appropriate Land Registry." Amendment of section 7 of the principal Ordinance. OBJECTS AND REASONS. This Ordinance substitutes a new subsection for subsection (4) of section 7 of the principal Ordinance (No. 25 of 1938) in connection with the registration of oil mining instruments in the Land Registry, in exactly similar terms to, and with the same objects as, the amendment to section 86(4) of the Mining Ordinance (Chapter 94) which is fully explained in the statement of "objects and reasons" accompanying the Mining (Amendment) Bill, 1940, which is being published in this issue of the Gazette. 8th January, (Q/2/39) W. J. FITZGERALD Attorney-General.

34

35 j 25th January, 1940 THE PALESTINE GAZETTE 119 CONFIRMATION OF ORDINANCE. The Secretary of State for the Colonies has notified the High Commissioner that His Majesty will not be advised to exercise his power of disallowance in respect of Ordinance No. 40 of 1939, entitled "Trans-Jordan Frontier Force (Amendment) Ordinance, 1939". J. S. MACPHERSON 19th January, Chief Secretary. (T/305/35) APPOINTMENTS, ETC. APPOINTMENTS. The High Commissioner has appointed: ME. C. T. EVANS, Deputy District Commissioner, Grade G, District Administration, to be Deputy District Commissioner, Grade F, with effect from the 24th December, MR. W. R. MCGEAGH, Deputy District Commissioner, Grade G, District Administration, to be Deputy District Commissioner, Grade F, with effect from the 24th December, ME. L. HAEEINGTON, Deputy Superintendent, Grade H, Police Force and Prisons Service, to be District Superintendent, Grade F, with effect from the 26th August, ME. S. STEPHAN, Postmaster, Grade L, Department of Posts and Telegraphs, to be Postmaster, Grade K, with effect from the 22nd November, DE. NASFAT NADIM KAMAL, Clinical Assistant, Department of Health, to be Medical Officer, with effect from the 1st January, 1940.! TERMINATION OF ACTING APPOINTMENTS.! I The acting appointment of ME. R. O. CAFFE- J RATA, Deputy Superintendent, Police and Pris- ons Service, published in Palestine Gazette No. J 936 of the 21st September, 1939, ceased with J effect from the 6th January, I The acting appointment of MR. C. T. EVANS, I Deputy District Commissioner, District Ad- ministration, published in Palestine Gazette No. 977 of the 11th January, 1940, ceased with effect from the 13th January, The acting appointment of MR. K. LIPSCHITZ, Foreman of Works, Department of Public Works, published in Palestine Gazette No. 911 of the 17th August, 1939, ceased with effect from the 30th December, TERMINATION OF APPOINTMENT. CAPTAIN THE HON. H. C. HOVELL-THURLOW- CUMMING-BRUCE has relinquished his appointment as Aide-de-Camp to the High Commissioner with effect from the 15th January, ACTING APPOINTMENT. The High Commissioner has appointed MR. D. A. FINLAYSON, Deputy Director, Department of Customs, Excise and Trade, to act as Director and Registrar of Trade Marks, Patents and Designs, from the 16th to the 24th January, 1940, inclusive. CHANGE OF TITLE. It is notified that the following change of title of the undermentioned officer in the Department of Public Works took effect from the 29th December, 1939: MR. R.L. HUME, Chief Draughtsman, to be known as "Assistant Architect". LEAVE. The High Commissioner has approved the leave of the following officers: Name of Officer Appointment and Department Vacation Leave granted inclusive of Travelling Time Date of Departure DR. M.S. MALOUF DR. F. SHUBEITA Medical Officer, Health Medical Officer, Health Days

36 120 T H E PALESTINE GAZETTE 25th January, 1940 MEDICAL LICENCES. PHARMACISTS' LICENCES. Licences to practise medicine granted during the months of October and December, 1939, by the Director of Medical Services under section 4B(1) of the Medical Practitioners Ordinance. Licence No. Name Address DR.2969 HANS KONIGSTEIN Tel Aviv DR MATIASZ GANS Tel Aviv DR.2975 BERNARD NEUBAUER Haifa 18th January, II. J. MACQUEEN for Director, Medical Services. Licences to practise medicine granted during the months of October and December, 1939, by the Director of Medical Services under section 4(2) of the Medical Practitioners Ordinance. Licence No. Name Address DR.2970 ALEXANDER S. DIMITRIADES Jerusalem DR.2971 BASSEIVA (VIRSAVIA) NOVOGREBELSKY MASIS Tel Aviv DR.2972 HASAN MAHMOUD MUGHRABI Jerusalem DR.2973 IZRAELS MAGARIKS Petah Tiqva DR.2976 DOBA GROZ BERLI Haifa 18th January, (Gaz/23/á0) J. MACQUEEN for Director, Medical Services. Licences to practise pharmacy granted during the months of November and December, 1939, by the Director of Medical Services under Part II of the Pharmacists Ordinance. IÂcence No. Name Address P.571 BETTI HILSENRATH PICKHOLZ, Tel Aviv P.572 MOJSZE UPFAL Tel Aviv P.573 WERNER WINDMULLER Haifa P.574 HANTEA LUDMER CARAVANI Jerusalem P.575 MEIR KOHEN ARAQUI Tel Aviv P.576 JUDA WEISSBROD Tel Aviv P.577 BREYNE HAHN STAHL Haifa 18th January, (Gaz/23/40) MIDWIVES' J. MACQUEEN for Director, Medical Services. LICENCES. Licences to practise midwifery granted during the months of October and December, 1939, by the Director of Medical Services under section 5 of the Midwives Ordinance. Licence No. Name Address M.663 RACHEL BERDITCHEVSKY Jerusalem M.665 SOURAYA DAOUD BOULOS Ramallah M.666 WARDEH SALFITI ASHKAR Jerusalem M.667 NIJMEH SAMAAN SAAH Ramallah 18th January, (Gaz/23/40) J. MACQUEEN for Director, Medical Services. DENTISTS' LICENCES. Licences to practise dentistry granted during the months of October and December, 1939, by the Director of Medical Services under section 5 of the Dentists Ordinance. Licence No. Name Address D.910 DORA ROSENTHAL Tel Aviv D.911 MARGUERITA GOLD- SCHMIDT TREUMANN Haifa D.912 PAUL HIRSCH Tel Aviv D.913 KUNO ROTH Tel Aviv D.914 ELISABETH PALOTAI ANTAL Tel Aviv D.915 RYFKA LEA KAHANE HANDEL Tel Aviv D.916 PERLE AGDERN WECHSLER Tel Aviv D.917 SIEGMUND KAYSER Tel Aviv D.918 ARPAD FLEISCHMANN Tel Aviv 18th January, (Gaz/23/40) J. MACQUEEN for Director, Medical Services. NOTICE. DEPARTMENT OF HEALTH. Licence No. DR.922 dated 1st December, 1926, to practise medicine granted to EBERHARD GMELIN has been cancelled on account of the death of the holder. 19th January, 1940 (Gaz/23/40) NOTICE. J. MACQUEEN for Director, Medical Services. DEPARTMENT OF POSTS AND TELEGRAPHS. It is notified for public information that until further notice radiotelegrams addressed to British ships are not accepted. 18th January, (Gaz/4/40)

37 25th January, 1940 T H E PALESTINE GAZETTE 121 NOTICE. DEPARTMENT OF POSTS AND TELEGRAPHS. Telephone Calls to Plaees Outside Palestine. In connection with the facilities whereunder members of the public telephone to places outside Palestine, subscribers are informed that considerable pressure is frequently experienced during the evening hours particularly between 8 p.m. and 10 p.m. This pressure has led in a number of cases to calls not having been connected by 10 p.m. after which hour communication is suspended until 8 a.m. the following morning. To avoid disappointment, subscribers are urged, in their own interests, to book their calls as early as possible in the evening. Whilst every endeavour will be made to meet subscribers' requirements, the Postmaster-General will accept no responsibility for inability to connect any call as a result of pressure on the lines. 19th January, (Gaz/4/40) NOTICE. DEPARTMENT OF POSTS AND TELEGRAPHS. Commercial Code Telegrams. It is notified for information that the restricted use of commercial codes is now admitted to certain countries. Particulars of the codes admitted and the countries which admit them may be had at any Head Post Office. 22nd January, (Gaz/4/40) TENDERS. DISTRICT COMMISSIONER.'S OFFICES, I. JERUSALEM. Tenders are invited for the supply of summer clothing to tax collectors and messengers of all Government Departments within the Jerusalem District. Tenders should be submitted not later than 31st January, Particulars are obtainable from the Chief Clerk, District Commissioner's Offices, Jerusalem. 19th January, (Gaz/22/40) W. R. McGEAGH for District Commissioner, Jerusalem District. respect of the financial year 1st April, st March, 1941, viz : (a) (1) Contract for the collection of slaughtering fees. (2) Contract for the collection of electrical advertisements fees. (3) Contract for the collection of advertisements on hoardings fees. (4) Contract for removal of the blood from the slaugnter house. (b) Supply of the following materials to the Engineering Department: (1) Fuel wood, (2) Rush baskets, (3) Portland cement, (4) Chipping, (5) Sumsumieh, (6) Adassieh, (7) Fulieh, (8) Na'ameh, (9) Makhluta, (10) Soling, (11) Road metal, (12) Juzieh, (13) Stone curbs, (14) Channel setts, (15) Curbstones supplied and constructed, (16) Curbstones and channels supplied and constructed. (c) Supply of the following materials to the Sanitary Department: (1) Fodder, (2) Oils and benzine, kerosene, (3) Pneumatic tyres and tubes, (4) Small canvas sacks, (5) Purchase of stable and slaughter house manure and refuse screenings. (d) Supply of the following materials and works to the Water Supply Department: (1) Materials, fittings and pipes, (2) Excavation of trenches for pipe laying work, (3) Water Service connections. Further details and information regarding the above may be obtained In connection with section (a) at the Secretariat of the General Administration. In connection with section (b) at the Secretariat of the Engineering Department. In connection with section (c) at the Secretariat of the Sanitary Department. In connection with section (d) at the Secretariat of the Water Supply Department. Tenders to be submitted in sealed envelopes to the Tenders Sub-Committee. No tender will be accepted unless the prescribed deposit has first been paid. Tenders are to be deposited To sections (a) and (b) between 11 a.m. and 12 noon on 5th February, To section (c) between 11 a.m. and 12 noon on 6th February, j To section (d) between 11 a.m. and 12 noon j on 7th February, No tender deposited after the prescribed time j will be accepted. The Municipal Council do not bind them- selves to accept the lowest or any tender and rei serve the right of accepting or refusing any tender without giving any reason. II. MUNICIPAL CORPORATION OF JERUSALEM. Tenders are hereby invited for the supply of the undermentioned materials and services in 17th January, (Gaz/22/40) M. EL KHALDI Mayor of Jerusalem.

38 122 THE PALESTINE GAZETTE 25th January, 1940 III. MUNICIPAL CORPORATION OF JAFFA. The Municipal Commission calls tenders for the hiring of the following municipal properties for the Hegra Year, 1359: No. Nature of properties Location By whom occupied at present Offices 2. Premises (Restaurant) 3.. Shop 4. Shop 5. Shop 6. Shop 7. Office (under Clock Tower) 8. Shop 9. Shop 10. Premises (Caf6) 11. Offices 12. Shop Town Hall Square Town Hall Square Town Hall Square Town Hall Square Town Hall Square Town Hall Square Town Hall Square Suk El Deir Suk El Deir Port Road Port Road Jerusalem Road Formerly occupied by Al Difa' newspaper management and now by the Jaffa Citrus Fruits Exporters Co. Wasfi Kishawi Shakir Abdul Jawad Adeeb El Bitar Al Sidawi Fattallah Bayari Musbah Osman Beiruti Ahmed Hamdan Abdul Kadir Al Matari Haj Khamil Al Karzoun Radwan Hallak Prince Line Agency Salahi Abdel Raouf Shehab El Din. Tenders, in sealed envelopes, endorsed "Tender for hiring Municipal Property" are to be addressed and delivered to the Chairman, Jaffa Municipal Commission. Tenders will be accepted up till 11 a.m., Monday, the 5th February, The Municipal Commission is not bound to accept any tender. (G-az/13/40) ABDUL RAOUF EL BITAR Chairman, Municipal Commission of Jaffa. ADJUDICATION OF CONTRACT. The contract for the erection of a porters' lodge at the Fever Hospital, Jerusalem, has been awarded to MR. NICOLA BANDAK of Jerusalem at 21% below P.W.D. estimate rates. Period of contract is 45 days. (Gaz/15/40) CITATIONS. I. IN THE DISTRICT COURT OF JERUSALEM. Probate No. 91 of In the matter of the succession of RIVKA, also known as RIVA, BAGISH, of Jerusalem, deceased. Petitioner: BERL ELIEZER BAGISH of Jerusalem. Let all persons take notice that BERL ELIEZER BAGISH of Jerusalem, through his attorney MR. M. SCHARF, advocate of Jerusalem, has applied to the District Court of Jerusalem for an order declaring the succession to RIVKA, also known as RIVA, BAGISH, of Jerusalem, deceased, and that the said application will be heard at the District Court, Jerusalem, on the 5th day of February, 1940, at 9 a.m. All persons claiming any interest must appear at the said place and time, otherwise such order will be made as to the Court seems right. A. NASR Registrar, District Court, Jerusalem. IN THE DISTRICT II. COURT OF TEL AVIV. Estates File No. 12/40. In the matter of the succession of ISAAC NAHUM, late of Rehovot, deceased. Petitioner: MRS. SAIDA NAHUM, represented by MR. J. KAHANA, advocate. Let all persons take notice that MRS. SAIDA NAHUM has applied to the District Court of Tel Aviv for an order declaring the succession to ISAAC NAHUM, deceased, and that the said application will be heard at the said Court on the 30th day of January, 1940, at 9 a.m. All persons claiming any interest must appear at the said place and time, otherwise such order will be made as to the Court seems right. Dated this 16th day of January, Z. HARAKABI Registrar, District Court, Tel Aviv. CITATIONS FOR ORDERS OF ADMINISTRATION. I. IN THE DISTRICT COURT OF JERUSALEM. In the matter of the succession of No BRITISH CONSTABLE J. QUIRKE, deceased. In virtue of an order of the District Court of J erusalem, bearing date this day, I do hereby

39 25th January, 1940 THE PALESTINE GAZETTE 123 cite all and all manner of persons to appear in the said Court within ten days from the date hereof, and show cause, if any they have, why an order of administration of all and singular the movable property, rights and credits of No BRITISH CONSTABLE J. QUIRKE should not be granted unto MR. THEODORE KRIKORIAN, Paymaster of the Palestine Police Force, as, in default thereof, the Court will proceed to grant the same accordingly. Dated this 8th day of January, IN THE DISTRICT A. NASR Registrar, District Court, II. Jerusalem. COURT OP HAIFA. Case No. 2/40 (P.R.). In the matter of the succession of JACOB SHTEIN- DEL of Haifa, deceased. In virtue of an order of the District Court of Haifa, bearing date this day, I do hereby cite all and all manner of persons to appear in the said Court on Thursday, the 15th February, 1940, at 9 a.m., and show cause, if any they have, why an order of administration of all and singular the movable property, rights and credits and mulk immovable property and miri immovable property of JACOB SHTEINDEL, deceased, should not be granted unto BARUCH LIBOVSKY, as, in default thereof, the Court will proceed to grant the same accordingly. J. I. HABIBY Registrar, District Court, Haifa. III. IN THE DISTRICT COURT OF HAIFA. In the matter of the succession of MOSHE BLATT of Haifa, deceased. In virtue of an order of the District Court of Haifa, bearing date this day, I do hereby cite all and all manner of persons to appear at the said Court on or before the 15th February, 1940, at 9 a.m., and show cause, if any they have, why an order of administration of all and singular the movable property, rights and credits in Palestine of the said MOSHE BLATT of Haifa, deceased, should not be granted unto his widow, MRS. DINA BLATT and MESSRS. MENASHE ERMAN and ELIEZER SHUB, as, in default thereof, the Court will proceed to grant the same accordingly. J. I. HABIBY Registrar, District Court, Haifa. CITATIONS FOR ORDERS OF GUARDIANSHIP. I. IN THE DISTRICT COURT OF HAIFA. Civil Case No. 8 of cite all and all manner of persons to appear in the said Court on or before Saturday, the 17th day of February, 1940, at 9 a.m., and show cause, if any they have, why petitioner SALEH HASSAN SALEH KHNEIFES of Shefa, Amr, Haifa Sub-District (represented by MESSRS. ATALLAH and NAKKARA, advocates of Haifa), should not be appointed guardian over his minor brothers and sisters, namely: SALMAN, YOUSEF, FATMEH and HANNA, children of HASSAN SALEH KHNEIFES, as, in default thereof, the Court will proceed to grant the same accordingly. II. J. I. HABIBY Registrar, District Court, Haifa.! IN THE DISTRICT COURT OF HAIFA. Civil Case No. 9/40. In the matter of an appointment of guardians over the minor son of MOSHE BLATT of Haifa, deceased.! In virtue of an order of the District Court of Haifa, bearing date this day, I do hereby cite all and all manner of persons to appear in the said Court on or before the 15th day of February, 1940, at 9 a.m., and show cause, if any they have, why MRS. DINA BLATT and MESSRS. MENASHE ERMAN and ELIEZER SHUB should not be appointed as joint guardians over the person and property of the minor son of MOSHE BLATT, as, in default thereof, the ; Court will proceed to grant the same accord- ingly. I J. I. HABIBY ] Registrar, '< District Court, Haifa. III. i IN THE DISTRICT COURT OF HAIFA. I Civil Case No. 10/40. ; In the matter of an appointment of a guardian over the minor son of ABDALLAH SALMAN ABDALLAH of Daliet el Carmel, deceased. In virtue of an order of the District Court of Haifa, bearing date this day, I do hereby cite all and all manner of persons to appear i in the said Court on or before the 17th day of! February, 1940, at 9 a.m., and show cause, if : any they have, why petitioner SALMAN I ABDALLAH EL KARA of Daliet el Carmel, Haifa Sub-District (represented by MESSRS. ATALLAH and NAKKARA, advocates of Haifa), should not be appointed as guardian over his minor grandson AUNI, son of ABDALLAH SALMAN ABDALLAH, as, in default thereof, the Court will proceed to grant the same accordingly. In the matter of an appointment of a guardian over the minor children of HASSAN SALEH KHNEIFES of Shefa 'Amr, deceased.. In virtue of an order of the District Court of Haifa, bearing date this day, I do hereby J J. I. HABIBY Registrar, District Court, Haifa.

40 124 THE PALESTINE GAZETTE 25th January, 1940 CITATION FOR AN ORDER OF PROBATE AND ADMINISTRATION. IN THE DISTRICT COURT OF TEL AVIV. Probate No. 13/40. In the matter of the probate of the will and administration of the property of HERMANN (CHAIM) SKLOW of Berlin, deceased. Petitioner: BETTY SKLOW, through her attorney AKIVA PERSITZ, Barrister-at-Law, Tel Aviv. In virtue of an order of the District Court, Tel Aviv, bearing date this day, I do hereby cite all and all manner of persons to appear in the said Court in ten days from the date of publication of this citation, and show cause, if any they have, why the last will of the late HERMANN (CHAIM) SKLOW should not be proved, approved and registered and why an order of administration with will annexed of all and singular the movable property, rights, credits, and mulk and miri immovable property of the late HERMANN (CHAIM) SKLOW should not be granted unto MR. RICHARD RICHTER, as, in default thereof, the Court will proceed to grant the same accordingly. Dated this 17th day of January, COURT IN THE DISTRICT Z. HARAKABI Registrar, District Court, Tel Aviv. NOTICE. COURT OF TEL AVIV. File No. MA 85/39. In the matter of the ASHRAI BANK LTD., and In the matter of the Companies Ordinance (Cap. 22). Notice is hereby given that the District Court of Tel Aviv will be moved on the 14th day of February, 1940, at 9 o'clock in the forenoon or as soon as counsel can be heard by the ASHRAI BANK LTD. that the scheme of arrangement agreed to by its unsecured creditors on the 12th December, 1939, be sanctioned by the Court. Anybody wishing to oppose the sanction of the above scheme of arrangement should lodge his opposition in writing in this Court stating his grounds and serve a copy of his opposition on the ASHRAI BANK LTD., Tel Aviv, not later than the 11th day of February, 1940 Printed copies of the scheme of arrangement can be obtained at the ASHRAI BANK LTD., Tel Aviv, every day other than Saturday, from 9 a.m. to 12 noon. Z. HARAKABI Registrar, District Court, Tel Aviv. ; EXECUTION NOTICES.! I. IN THE DISTRICT COURT OF TEL AVIV. I THIRD NOTICE OF SALE OF IMMOVABLE PROPERTY.! In the matter of the execution proceedings in case file No. 6585/38. i \ Between: THE TEL AVIV TRADING CO. LTD., re- presented by DR. M. DUNKELBLUM and L. FRANKEL, advocates Mortgagees : vs. The estate of Zvi STRAHILEVITZ, deceased \ Mortgagor. i Whereas by an order made under section 14 I of the Land Transfer Ordinance (Cap. 81) by i the President, District Court, Tel Aviv, a notice was published for the sale of all the rights and interests of the mortgagors in the property dei scribed in the schedule hereto, in satisfaction of mortgage-deeds executed at the Land Registry of Tel Aviv, amounting to this date, to the sum of P. 10,000. together with such subsequent interest, advocates' fees and costs j as specified in the deeds of mortgage; And whereas due and proper notice for the I sale of the property described in the schedule i hereinafter referred to, has appeared in the! Palestine Gazette No. 873 of the 23rd March, 1939, and in the 'Haboker' newspaper of the 26th March, 1939; and a further auction of sale has been re-opened for a further period of 15 days, as required by Article 106 of the Execution Law of the 11th May, 1914, such further auction sale being duly advertised in the Palestine Gazette No. 903 of the 13th July, 1939, in the 'Haboker' newspaper of the 17th July, 1939, and the first notice of extension of sale for a! further period of 30 days has been duly published j in accordance with the decision given by the President, District Court, and published in the Palestine Post of the 27th September, 1939, and in a Hebrew newspaper dated the 27th September, 1939; and the second notice of extension I for a further period of 30 days was duly published in the 'Hatzofe' newspaper of the 12th November, 1939, and in the Palestine Post of the 14th November, 1939; And whereas the property referred to has been valued for the purposes of these proceedings at P.17,400. and the highest bid so far obtained i is P. 10,000 ; Now, therefore, notice is hereby given that by an order under the hand of the President, J District Court, Tel Aviv, made under Article 106 of the Execution Law, the auction sale of this property is extended for a further period j not exceeding 30 days from the publication of! this notice.! The sale will be held by public auction and! the property will be put up for sale as specified i in the schedule. The sale will be of the immovable property ' (or the interest therein) of the mortgagor as specified and described in the schedule hereunder and subject to the burdens, etc. attaching to the said property, so far as they have been ascertained. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, the Execution Officer of Tel Aviv, at the Execution Office of the above-mentioned Court, on Mondays and Thursdays, between the hours of 4

41 25th January, 1940 THE PALESTINE GAZETTE 125 and 6 p.m., during the period of 30 days above referred to. In the event, however, of the debt amounting to P. 10,000. due by the said mortgagor and the costs of the sale and interest being tendered or paid before the knocking down of the property, the sale will be stopped. At the sale the public generally are invited to bid either personally or by a duly authorised agent. No bid by or on behalf of the mortgagees above-mentioned will be accepted, nor will any sale to them be valid without the express permission of the Chief Execution Officer or his delegate previously given. The conditions of the sale are annexed to the original notification of sale and may be seen in the Execution Office at Tel Aviv, on application. I j j j j j I 9. Title deeds Nos. and dates : Deeds of mortgage No. 3496/36 dated the 5th July, 1936, and No. 471/36 dated the 20th May, Shares: In whole. 11. Boundaries: North : Eoad (Mikve Israel Street); South: Parcels Nos. 112, 138; East: Parcel No. 130; West: Parcel No Value assessed: P. 17,400. for the purpose of payment of deposit. 13. Property let: A part is let and a part is occupied by the mortgagor. Z. HARAKABI Registrar, District Court,,Tel Aviv. SCHEDULE. II. 1. Locality: 4, Mikve Israel Street, Tel Aviv. 2. Class of property: Mulk.! 3. Description-. A plot comprising 2 parcels j with a 3 storey house and a cellar thereon constructed of reinforced concrete posts and I brick-walls (the first storey is built of! "Silicate" bricks and the other storeys of! cement bricks) with a fiat roof. The cellar (its built on area is about 330 sq. ms.) con- j stitutes one storey. The 1st storey (its j built on area is about 600 sq. ms.) contains 8 i shops of various sizes: one about 35 sq. ms., five about 50 sq. ms. each, one j about 80 sq. ms. (double shop) and one! about 150 sq. ms. (covering an area of 3 shops). Each shop has a gallery with wooden staircases. The first storey has 2 water-closets. The second storey (its built on area is about 600 sq. ms.) contains in one part 14 office-rooms of various sizes (about sq. ms), a corridor, a store, 2 waterclosets and balconies. The other part of the storey is used as a restaurant and contains a hall (dining-room), a room, 2 large kitchens, a store, 2 water-closets and balconies. The third storey (its built on area is about 600 sq. ms.) contains: (a) a section consisting of 12 rooms, a hall, a large kitchen, a store, 2 bathrooms, 3 waterclosets and balconies. There is a hot water installation in this section supplying water to the kitchen, the bathrooms and the basins in the rooms: this whole section is used as a hotel; (b) 4 office-rooms, a corridor and a balcony; (c) a flat of 4 rooms, a kitchen, a bathroom with a shower-bath, a water-closet, an entrance hall, a corridor, and balconies. There is a hot water installation in the flat. On the roof there are 6 uncompleted rooms. The whole house j has one staircase-room. There are wooden j staircases from the yard to the cellar. The house is in good condition. 4. Name of registered owner: Zvi STRAHI- j LEVITZ, deceased. j 5. Details of conveyance to registered owner: By sale and registration. 6. Area of land: 1,066 sq. ms. 7. Particulars of buildings: As specified in item 3 above. 8. Block and parcel Nos.: Block No. 6940, parcels Nos. 125 and 137. IN THE DISTRICT COURT OF TEL AVIV. Between: NOTICE OF SALE OF IMMOVABLE PROPERTY BY AUCTION. File No /38. SHIMSHON DONNESKY, through his attorney I. NISHRY, advocate, Jerusalem Mortgagee vs. ZEEV OPHER (HIRSCHFELD) Mortgagor. Notice is hereby given that pursuant to section 14 of the Land Transfer Ordinance (Cap. 81), an order has been given by the President of this Court for the sale of all rights possessed by the mortgagor in the property specified in the schedule attached to this notice, in execution of a judgment under civil case No /38, in satisfaction of a mortgage registered in the Land Registry, Tulkarm, under deed No. 3305/35 in the sum of P. 1,000. together with costs, advocate's fees and interest as may accrue from this date until final payment. The sale will be by auction and the property will be offered for sale pursuant to the conditions attached to the original form of this notice which may be seen at the Execution Office of this Court. The sale will be of the property (or the interest therein) of the mortgagor as described in the attached schedule, and subject to the burdens, limitations, conditions, liabilities and claims attaching to the said property. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, at the Execution Office of the said Court of Tel Aviv, for the period of 30 days from the date of publication of this notice, on Mondays and Thursdays, between the hours of 4 and 6 p.m. In the event of the debt above specified and costs being paid before the property is sold, the auction will be cancelled. At the sale the public generally are invited to bid either personally or by duly authorised agents. No bid by the mortgagee or his authorised agent will be accepted, nor will any sale to him be valid without the express permission of the Chief Execution Officer or a person authorised by him previously given.

42 126 THE PALESTINE GAZETTE 25th January, 1940 SCHEDULE. 1. Locality : Khirbat Azoun, near Ra'anana. 2. Glass of property : Miri. 3. Description: Land planted with an orange-grove. 4. Name of registered owner: ZEEV OPHER (HIRSCHFELD). 5. Details of conveyance to registered owner: By registration. 6. Details of any incumbrance to which the property is liable : None. 7. Other claims: None. 8. Area: 19 dunums and 196 metres. 9. Block and parcel Nos.: Block No. 7658, parcel No Shares: In whole. 11. Particulars of buildings: See item Particulars of plantations: On the above parcel there are planted 900 citrus trees, out of them: 120 grapefruit trees grafted on Hushhash, 36 Valencias and the remainder Shammuti oranges grafted on sweet-lemons. The irrigation is supplied by iron water pipes of the "RA'ANANA WATER SUP PLY LIMITED". At the entrance to the orange-grove there is a wooden packinghouse, size 40 sq. metres, roofed with tiles. Near the packing house there is a terrace of 32 sq. metres, roofed with tin. 13. Title deed No. and date: No. 3305/35, dated the 7th November, Boundaries: North: Orange-grove of BROS. DAVIDSON; South: Well and orange-grove of MEN- DELSON ; East: Tel Aviv Haifa Road; West: Orange-grove of SMOLAR. 15. Value assessed: P.1,017. by the valuer of the Execution Office for the purpose of payment of deposit: P. 1,280. by the valuer of the mortgagor. Z. HARAKABI Registrar, District Court, Tel Aviv. III. IN THE DISTRICT COURT OF TEL AVIV. NOTIFICATION OF EXTENSION OF AUCTION. In the matter of the execution proceedings in file No of Between: NEAR EAST TRUST COMPANY LTD., through their attorney DR. ERNST W. KLIMOAV- SKY, advocate, 46, Lilienblum Street, Tel Aviv Mortgagees vs. DAVID SLONIMSKY, 7, Batei Hasefer Street, Tel Aviv Mortgagor. Whereas orders were made under section 14 of the Land Transfer Ordinance (Cap. 81) by the President of the District Court, Tel Aviv, on the 14th July, 1939, and the 28th July, 1939, for the sale of all rights and interests of the mortgagor in the property described in the schedule hereto, in satisfaction of a third mortgage executed by the above-named mortgagees and registered in the Land Registry of Tel Aviv under deed No. 75/39 dated the 5th January, ; 1939, in the sum of P.800., besides the costs, i advocate's fees and interest until full pay- ; ment;! And whereas due and proper publication of the sale of the property described in the! schedule hereinafter referred to, has appeared in the Palestine Gazette No. 941 of the 28th September, 1939, and in the 'Haboker' news- I paper No of the 12th September, 1939, and! a further auction of the sale having been re- I opened for a further period of 15 days, as re- quired by Article 106 of the Ottoman Execution : Law and proper publication thereof has ap-! peared in the Palestine Gazette No. 967 of the 7th December, 1939, and in the 'Haaretz' news-! paper Nos of the 19th November, 1939, and 6165 of the 20th November, 1939;! And whereas the property referred to has proceed- been valued for the purposes of these : ' ings at P.3, and the highest bid obtained until now is P. 1,800. ; : Now, therefore, notice is hereby given that by an order under the hand of the Chief Ex- ecution Officer, Tel Aviv, made under Article 108 of the Execution Law, the auction sale of this property is extended for a further period of 30 days as from the date of publication of this notice. The sale will be by public auction and the property will be put up for sale as specified in the schedule and under the terms of this notice. The sale will be of the immovable property of the mortgagor as mentioned and described! in the schedule hereinafter referred to and subject to any burdens attaching the said property, so far as they have been ascertained. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, the Execution Officer, at the Execution Office, Tel Aviv, 35, Yehuda Halevi Street, commencing at the date of publication hereof, and will continue for a period of 30 days. The most convenient time for bidders to submit their offers is on Mondays and Thursdays, between the hours of 4 and 6 p.m. In the event, however, of the debt due by the said mortgagor and of the costs of the sale * being paid before the knocking down of the j property, the sale will be stopped.! The public generally are invited to bid at the sale either personally or by duly authorised agents. No bid shall be valid unless accepted! by the Chief Execution Officer or his delegate. SCHEDULE. 1. Locality: Tel Aviv, Shkhunat Rama, 214, Hayarkon Street, Block No. 6901, parcel No Registered owner: DAVID SLONIMSKY. 3. Glass of property : Miri. 4. Boundaries: North: Plot No. 5; South: Plot No. V; East: Plots Nos. 14, 15 (with an uncompleted building); West: Road (Hayarkon Street). 5. Description and state of the property: The building has been erected on the slope from west to east and there are therefore

43 25th January, 1940 THE PALESTINE GAZETTE 127 on the western side 3 storeys and on the eastern side 4 storeys; in the cellar storey : there are only walls of cement bricks and only the external wall has been built with full bricks (20 cm.), the other walls are 7 or 10 cm. thick. There is not yet any internal amelioration, only a skeleton ac- j cording to which it may be seen that there J will be flats with conveniences and store rooms for the whole building. The area of the building is about 117 square metres. The first storey will, according to the skeleton and the other arrangements, include three flats of two rooms and conveniences each. Most of the rooms have been whitewashed and pipes for the electric wires have been installed as well as plasters. In! certain holes there are also frames for doors and windows. The building comprises 163 square metres. The second storey has been built in the same way. The third storey is erected in the same way as the cellar storey, i.e. there is only a skeleton of walls erected in the same way as in the first and second storeys. The external walls of the three storeys are mostly of 'Silicate' bricks (full or half or partial bricks) which are laid between the concrete pillars; the internal j walls are of cement bricks (half or partial! bricks); according to the skeleton there j will be ten flats of two rooms each with conveniences in the building (in some of j the flats the lavatory is together with the bathroom). On the roof there is another j flat with a balcony and an awning of con- j crete pillars which can be used as skullery. An iron pillar (tower) as a wireless an- j tenna is provided. In the court-yard there! is an unfinished cesspit. 6. Details of conveyance to registered owner: By purchase. 7. Area: The area of the plot is square metres. 8. Shares: In whole. 9. Particulars of registration in the Land Registry: Land Registry Office, Town Tel Aviv, Vol. Nos. 30, 63, 64; Fol. Nos. 70, 93, Number and date of deed: Deed No. 75/39 of the 5th January, 1939, corrected as per deed No. 75a/39 and as per deed No. 745/ Details of any incumbrances to which the property is liable: 1. First mortgage in the sum of P.1,125. in favour of the GENERAL MORTGAGE BANK OF PALESTINE LTD., registered as per deed of mortgage No. 747/39; 2. Second mortgage in the sum of P.540. in favour of MR. MOSHE GERSHFELD, registered as per deed No. 1764/38, corrected as per deed No. 742/39 and partially transferred as per deed No. 746/39 (see deed No. 746/39). 3. Second mortgage in the sum of P.35. in favour of MR. MOSHE GERSHFELD, registered as per deed of transfer of mortgage No. 746/ Second mortgage pari passu in the sum of P.100. in favour of ITZHAQ LIPO- VITZ and MEIR GARBER, registered under deed No. 2079/ Fourth mortgage in the sum of P.180. in favour of BEIT HAROSHET LEMARZEFOT "EITAN", ARIE GOLOMBIK AND Co., registered as per deed No. 2923/38 and corrected under deed No. 743/ Fifth mortgage in the sum of P.500. in favour of MR. BOBEL LEMKIN, registered as per deed No. 3236/38 and corrected as per deed No. 744/ Particidars as to tenants: The building is not completed and not let. 13. Value assessed: By the valuer of the Execution Office at P.3, for the purpose of payment of the deposit. Z. HARAKABI Registrar, District Court, Tel Aviv. IV. IN THE DISTRICT COURT OF TEL AVIV. NOTICE OF SALE OF IMMOVABLE PRPOPERTY BY AUCTION. In the matter of the execution proceedings in file No /39. Between : PALESTINE MERCANTILE BANK LTD., represented by S. LEBEL, advocate Mortgagees vs. MR. ZVI KITCHKOWSKY of Tel Aviv Mortgagor. Notice is hereby given that pursuant to section 14 of the Land Transfer Ordinance (Cap. 81) an order has been given by the President of this Court for the sale of all rights possessed by the mortgagor in the property specified in the schedule attached to this notice, in satisfaction of a mortgage deed executed by the mortgagees and registered in the Land Registry, Tel Aviv, under deed No. 2787/37 in the sum of P. 1,550. together with costs, advocate's fees and interest as may accrue from this date until final payment. The sale will be by auction and the property will be offered for sale pursuant to the conditions attached to the original form of this notice which may be seen at the Execution Office of this Court. The sale will be of the property (or the interest therein) of the mortgagor as described in the attached schedule, and subject to the burdens, limitations, conditions, liabilities and claims attaching to the said property. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, at the Execution Office of the said Court in Tel Aviv, for a period of 30 days from the date of publication of this notice, on Mondays and Thursdays, between the hours of 4 and 6 p.m. In the event of the debt above specified and costs being paid before the property is sold, the auction will be cancelled. At the sale the public generally are invited to bid either personally or by duly authorised agents. No bid by the mortgagees or their authorised agents will be accepted, nor will any sale to

44 128 THE PALESTINE GAZETTE 25th January, 1940 them be valid without the express permission of the Chief Execution Officer or a person authorised by him previously given. SCHEDULE. 1. Locality: Nahlat-Ganim, near Ramat-Gan (near Krinitzi Factory). 2. Class of property : Miri. 3. Description: Plot of land (60 metres from the Tel Aviv Petah Tiqva road), containing a building of 2 floors, uncompleted. The building is of iron concrete structure. The ceilings are of concrete with iron rails. The walls are of bricks 22 cms. thick. In the lower floor the internal walls are of bricks. The stairs are made of mosaic. An additional floor can be added. All other works are missing. Each floor is planned for four flats of 2 rooms, kitchen, bathroom, water-closet, hall and terrace each. 4. Name of registered oivner: Zwi KITCH- KOWSKY. 5. Details of conveyance to registered oivner: By sale. 6. Details of any incumbrances or claims attaching to the property : None. 7. Block and parcel Nos. : Block No. 6204, parcel No Shares: In whole. 9. Area : 576 square metres. 10. Particulars of plantations: None. 11. Vcdue assessed: P.1,000. for purpose of payment of the deposit. Z. HARAKABT Registrar, District Court, Tel Aviv. V. IN THE DISTRICT. COURT OE TEL AVIV. NOTIFICATION OF SALE OF IMMOVABLE PROPERTY. In the matter of the execution proceedings in case file No of Between: MRS. Z. F. ZYLBERSZTAJN, Tel Aviv, represented by MR. E. J. KIRSCHENBAUM, advocate, Tel Aviv Mortgagee vs. MR. ALTER HASFELD of Tel Aviv Mortgagor. Notice is hereby given that an order has been made under section 14 of the Land Transfer Ordinance (Cap. 81) by the President of the Court for the sale of all rights and interests of the mortgagor in the property described in the schedule hereto, in satisfaction of a mortgage executed by the above-named mortgagee, amounting to the sum of P.500. besides such subsequent interest and costs as may accrue from this date until final payment. The sale will be by public auction and the property will be exposed for sale on the conditions annexed to the original of this notification which may be seen in the Execution Office of this Court. The sale will be of the immovable property (or the interest therein) of the mortgagor as described in the schedule hereto and subject to the burdens and claims attaching to the said property. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, at the Tel Aviv Execution Office of the above Court, commencing at the date of publication hereof, : on Mondays and Thursdays, between the hours of 4 and 6 p.m., and shall continue for a period of 30 days. In the event of the debt above specified and costs of the sale being tendered or paid before! the property is sold, the auction will be canj celled. At the sale the public generally are invited to bid either personally or by duly authorised! agents. No bid by or on behalf of the mortgagee! above-mentioned will be accepted, nor will any sale to him be valid without the express permission of the Chief Execution Officer or his I delegate previously given.! SCHEDULE. 1. Locality: 5, Berditchevsky Street, Tel Aviv. 2. Class of property: Miri. 3. Description: A plot of land with a 3 storey building thereon: 1st floor 3 flats containing 6 rooms; 2nd and 3rd floors 8 rooms in each of them; together 22 rooms. The western wall of the house is jointly owned with No. 3 of the same street. In i the yard there are two lavatories and a dilapidated large wooden hut. I 4. Name of registered owner: ALTER HASFELD. I 5. Details of conveyance to registered owner : j By purchase. i 6. Details of any incumbrance to which the property is liable: A first mortgage in favour of the GENERAL MORTGAGE BANK OF PALESTINE LTD. in the sum of P j 7. Area of land: m2.! 8. Block and parcel Nos. : Block No. 6904, parcel No Deed of mortgage: No. 2053/39. i 10. Shares: In whole. 11. Boundaries: North : Marmorek Street No. 4 6; South : Berditchevsky Street; East: No. 71 of the same street; West: No. 3 of the same street. 12. Value assessed: P.2,700.. Z. HARAKABI Registrar, District Court, Tel Aviv. VI. IN THE DISTRICT COURT OF TEL AVIV. SECOND NOTIFICATION OF SALE OF IMMOVABLE PROPERTY. File No /38. Between: MESSRS. AHARON ZERKOW and SHMUEL LEVANON, through their attorneys MESSRS. E. AYON and M. AYON, advocates of Tel Aviv Mortgagees vs. MRS. YONA AVIGDORI, 1, Neveh Shaanan Street, Tel Aviv Mortgagor. Whereas by an order made under section 14 of the Land Transfer Ordinance (Cap. 81) by the President, District Court, Tel Aviv, for the sale of the property described in the schedule hereinafter referred to, in satisfaction of mortgage deeds executed by the mortgagees and registered at the Land Registry, Tel Aviv, under deeds Nos. 3207/37 dated the 10th August, 1937, and No. 3209/37 dated the 10th August, 1937, together with costs, advocates' fees and interest as may accrue from this date until final payment;

45 25th January, 1940 T H E PALESTINE GAZETTE 129 And whereas the auction sale being duly advertised in the 'Haaretz' newspaper No dated the 6th December, 1939, and in the Palestine Gazette No. 967 dated the 7th December, 1939; And whereas the property referred to has been valued by the Execution Office and the mortgagees' valuer at P.2,200. (two thousand two hundred Palestine Pounds) for the purpose of paying the deposit and the highest bid received until now amounts to P.1,500. (one thousand and five hundred Palestine Pounds); Now, therefore, notice is hereby given that under Article 108 of the Execution Law, the auction sale of this property is extended for a further period not exceeding 15 days as from the date of the publication of this notice. The sale will be held by public auction and the property will be put up for sale as specified in the schedule attached hereto. The sale will be of the immovable property (or the interest therein) of the mortgagor as specified and described in the schedule hereunder and subject to the burdens, limitations, conditions, liabilities and claims attaching to the said property, so far as they have been ascertained. In the absence of any order of postponement, the sale will be held by MR. M. LEVI, the Execution Officer of Tel Aviv, at the Execution Office of the above-mentioned Court, on Mondays and Thursdays, between the hours of 4 and 6 p.m., during the period of 15 days above referred to. In the event, however, of the debt due by the said mortgagor and amounting to P. 1,200. together with costs, advocates' fees and interest as specified above being tendered or paid before the knocking down of the property, the sale will be stopped. Any person interested in the purchase of the said property shall apply personally or by a duly authorised agent to the Execution Office within the said period and his bid must exceed by at least 5 per cent, the last bid, and he must deposit 10 per cent, of the amount of the bidding in the Execution Office either in cash or in a bank guarantee to the satisfaction of the Execution Officer. The time for bidding under this notice is 15 days. Land Registry fees and auction fees will be defrayed by the purchaser. SCHEDULE. 1. Locality: Tel Aviv; the said property is situated at Neveh Shaanan Street, corner Solomon Street, branched off Levinsky Street, Jerusalem Boulevard and Tel Aviv Petah Tiqva Road; the Solomon Street is still unpaved. The connection with the other parts of the city is effected by means of a very convenient bus service which connects the Neveh Shaanan Quarter with the sea shore. 2. Glass of property: Miri land. 3. Description: A corner plot of an area of square metres with a building thereon consisting of 3 storeys. 4. Name of registered owner: YONA AVIG- DORI. 5. Details of conveyance to registered owner: By sale and Insha'at. 6. Details of any other incumbrances to which the property is liable: First mortgage to SOLOMON and L. YACOBSON for the sum of P Claims (if any) which have been brought forward to the property and any other known particulars bearing on its nature: Nil. 8. Area of land: The area of the plot is Tel Avivian square pics. The shape is almost quadrangular; the length of the front in the Neveh Shaanan Street is 11 metres and the front in the Solomon Street 16 metres. The plot is on the same level with the pavement adjoining the streets. The area of each storey is 90 sq. ms. approximately, namely 270 sq. ms. together with the cellar and balconies; the area of the laundry room is about 30 sq. ms.; total 300 square metres approximately. 9. Particulars of building: On the said plot there is a 3 storey house built in 1936 by the architects ZABRODSKY and BELKES of Tel Aviv and consists: in the ground storey of a room for a boiler, entrance hall, and a staircase; in the other storeys each storey a flat of three rooms, each room of an area of 4x4.5 ms. approximately, a corridor, a large kitchen, a bathroom, a water-closet, a large terrace along two sides of the front and a terrace adjoining each kitchen. On the roof there is a room, partly open, which serves as a laundry. On the edge of the roof there is a fence of the height of 1 m. The house is built on pillars, the walls of iron concrete, and the outer walls of concrete bricks. The ceilings of the first and second floors are of concrete between iron rails. The completion of the house is of good material especially the bathrooms, kitchens and water-closets. The steps and the pavement are made of mosaic. There is electrical installation for light, and hot and cold water supply in all flats. The sanitary installation is connected with the cesspit of a larger area, and emptied by means of an electrical motor and by means of a pipe connected with the main sewage. The plot is surrounded by a fence. On the sides adjoining the neighbours there is a fence consisting of concrete foundation and on it an iron net of 1.5 ms. in height. On the sides of the streets there is a concrete fence still unfinished. 10. Particulars of plantations: Nil. 11. Block and parcel Nos.: Block No. 6934, parcel No Particulars of registration: Deed No. 3207/37 dated 10th August, 1937 and deed No. 3209/37 dated 10th August, Shares: In whole. 14. Value assessed: 2,200. (two thousand and two hundred Palestine Pounds). 15. Boundaries: North: Parcel 33, a garage; South: Neveh Sha'anan Street; West: Parcel 65, house of Briller; East: Solomon Street. 16. Price offered: P.1,500. (one thousand and five hundred Palestine Pounds). Z. HARAKABI Registrar, District Court, Tel Aviv.