British Mandate: A Survey of Palestine: Volume I - Page 236

CHAPTER VIII.

after or at the same time as the delivery of the judgment. Both administrative and judicial decisions at settlement are subject to appeal to the Supreme Court by leave of the Settlement Officer or of the Chief Justice.

Between the time when inspection is made on the ground and the beginning of the hearing of an action, and even afterwards, efforts are made by the Settlement Officers 'to persuade disputants to reach amicable settlements. Although the Ordinance provides for voluntary arbitration, litigants very seldom refer disputes to arbitration.

V. The last stage in the work of settlement is the posting of Schedules of Rights for thirty days, after which they are sent to the Registrar of Lands concerned for entering in the new registers. Copies are also sent to the District Officers for the collection of fees and to the Director of Land Settlement for use in connection with taxation of land and the care of Government lands. Final block plans are prepared by the Survey of Palestine on the basis of preliminary plans approved by the Settlement Officer. These are distributed in the same way as the Schedules of Rights.

In some instances a right in a given parcel may be entered in a Schedule of Rights as in dispute or not settled, in order that registration of the remaining rights in the block may not be delayed at settlement. The right in dispute or doubt is subsequently settled and is notified to all interested by amending order. If any change in the final plans is necessary, this is done in the form of a "mutation", i.e. a division or a. combination of parcels or both, as may be necessary.

33. The title resulting from the completion of land settlement proceedings, though not a "fully guaranteed" title, is nevertheless almost indefeasible. The Ordinance provides that a registration as a result of settlement invalidates any right conflicting with that registration.

34. After the expiry of the appeal period, no appeal lies unless some new fact is established which could not have been within the knowledge of the interested party at an earlier date, or unless the claimant suffered prejudice because, owing to sickness, minority or absence, be was not able to bring the case to court before. After the completion of settlement the register can only be rectified on the ground of fraud, but even in this case the remedy may be one of compensation against the person responsible for the fraud if for any reason the entry in the register cannot be rectified.

Page 236