ALLIED MILITARY GOVERNMENT , BRITISH - UNITED STATES ZONE FREE TERRITORY OF TRIESTE OFFICIAL GAZETTE VOLUME V No. 35 - 21 December 1952 Published by the A. M.G. F.T.T. under the Authority of the Commander British - United States Forces, Free Territory of Trieste. La Editorial« Ubraria S. p. A., Triest« • 1952 ALLIED MILITARY GOVERNMENT British - United States Zone-Free Territory of Trieste Order No. 188 ESTABLISHMENT OF „CENTRO DISTRETTUALE DI SERVIZIO SOCIALE PER I MINORENNI“ (AMENDMENT TO ORDER No. 152/1952) WHEREAS it is considered necessary to amend Article IV of Order No. 152 dated 11 August 1952 in that part of the Free Territory of Trieste administered by the . British-United States Forces, NOW, THEREFORE, I, SIR JOHN WINTERTON, KGMG, CB, GBE, Major General, Zone Commander, ORDER: ARTICLE I Article IV of Order No. 152 dated 11 August 1952, is hereby repealed and substituted by the following: „ARTICLE IV „FINANCIAL „The bookkeeping and accounting of the „Centro“ will be performed and carried out „by the „Ente Ausiliario di Assistenza Sociale“. „The „Centro“ will prepare and submit half-yearly budgets of the proposed expenditure „of the „Centro“ and its estimated income for the ensuing six months to the Allied Military „Government for approval and adjustment,“ ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette and shall be operative as from 21st August 1952. Dated at TRIESTE, this 8th day of December 1952. VONNA F. BURGER Colonel Arty Chief of Staff for T. J. W. WINTERTON Major General Ref. : LD/Af52/207 Zone Commander Order No. 189 PROVISIONS CONCERNING HOLIDAYS (AMENDMENT TO ORDER No. 200/1949) WHEREAS it is deemed, advisable to amend the existing provisions concerning holidays in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, SIR JOHN WINTERTON, KCMG, CB, CBE, Major General Zone Commander, ORDER: ARTICLE I Section 1 of Article II of Order No. 200 dated 24 October 1949 as amended by Order No. 190 dated 20 December 1951 is hereby deleted and substituted by the following new Section 1 : „Section 1. — The following days shall be considered general holidays : ,,25th April — Anniversary of Guglielmo Marconi’s birth ; „1st May — Labour day „2nd June — Spring holiday („festa di primavera“) ; „4th November— Autumn holiday („festa d’autunno“).“ ARTICLE II Order No. 190 dated 20 December 1951 is hereby cancelled. ARTICLE III This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 9tli day of December 1952. T. J. W. WINTERTON Major General Ref. : LD/A/52/209 Zone Commander Order No. 190 EXTENSION OF LEASE AND SUBLEASE CONTRACTS WHEREAS it is deemed advisable and necessary to extend certain lease and sublease contracts, in that part of the Free Territory of Trieste administered by the British- United States Forces, NOW, THEREFORE, I, SIR JOHN WINTERTON, KCMG, CB., CBE., Major General, Zone Commander, ARTICLE I The leases and subleases extended by Order No. 188 dated 19 December 1951 to 31 December 1952 are hereby further extended up to a date to be fixed by a future Order. ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 17th day of December 1952. VONNA F. BURGER Colonel Arty Chief of Staff for T. J. W. WINTERTON Major General Ref. : LD/A/52/218 Zone Commander • Order No. 191 ORGANIZATION OF THE ORGANIC PLAN OF THE JUDICIARY (AMENDMENT TO ORDER No, 239/1950) WHEREAS by Order No. 239, dated 22 December 1950 the Organic Plan of the Judiciary has been re-organized in that part of the Free Territory of Trieste administered by the British- United States Forces, and WHEREAS it is deemed necessary to amend partly said Organic Plan, NOW, THEREFORE, I, SIR JOHN WINTERTON, KGMG, CB, CBE, Major General• Zone Commander, ORDER: ARTICLE I Letter (c), Article I, of Order No. 239, dated 22 December 1950, is hereby cancelled and substituted by the following: ,,(c) Pretura „ i) 1 magistrate of appeal with functions of Chief Pretore „ ii) 2 magistrates of appeal with functions of Pretore „ iii) 14 magistrates of tribunal with functions of Pretore“. ARTICLE II This Order shall become effective on 5th January 1953. ' Dated at TRIESTE, this 17th day of December 1952. VONNA F. BURGER Colonel Arty Chief of Staff for T. J. W, WINTERTON Major General Ref. : LD/A/52/222 Zone Commander Order No. 192 PROVISION CONCERNING JUDICIAL EVICTIONS WHEREAS, owing to the persisting housing shortage, it is necessary to further suspend evictions, in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, SIR JOHN WINTERTON, KCMG, CB, OBE, Major General, Zone Commander, ORDER: ARTICLE I The execution of judicial evictions from dwelling premises situated in the Commune of Trieste is hereby suspended or postponed until 30 June 1953. ARTICLE II The suspension or postponement of the execution provided for in the foregoing Article I shall not apply to the following evictions : a) those based on execution-title prior to 1 January 1951 ; b) those arising out of a judicial or extrajudicial transaction whereby the person to~ be evicted has expressly renounced pre-existing and future law-benefits ; c) those due to outstanding failure to pay the rent ; in such case, if payment of the lease--rent is offered, a postponement not exceeding three months may be granted ; d) those due to immorality or other serious non-compliance judicially ascertained against the person to be evicted ; e) those due to abusive occupation or occupation without title not caused by persisting effects of war events or evacuation; » )) whenever the execution-title is a measure arising out of a possessory proceeding („giudizio possessorio“); g) those concerning leases subsequent to.28 February 1947 ; h) those concerning furnished rooms leased upon Police-licence ; i) whenever the person to be evicted is offered an accomodation considered suitable by the Magistrate graduating-evictions. ARTICLE III The evictions set forth in Article II hereof shall be fixed by the competent Magistrate by means of a non-impeachable decree to be issued in the presence of the parties („in contrad-ditorio delle parti“) and not later than thirty days from the date of same decree. Order No. 145, dated 21 July 1952, is hereby repealed. ARTICLE V This Order shall become effective on the date of its publication in the Official Gazette Dated at TRIESTE, this 18th day of December 1952. T.J.W. WINTERTON Major General Rej. : LDfA/52/220 Zone Commander Administrative Order No. 60 ALLIED MILITARY GOVERNMENT APPOINTMENTS WHEREAS with reference to Administrative Order No. 48 dated 13 September 1952 it is necessary to make certain further appointments of office and to confirm an appointment of office within Allied Military Government, NOW, THEREFORE, I, SIR JOHN WINTERTON, KCMG, OB, CBE, Major General, Zone Commander, ORDER: 1. Directorate of Interior (a) Avvocato Walter Levitus is hereby confirmed Deputy Chief Department of Labour : (b) Avvocato Michele Miani is hereby appointed Deputy Chief, Department of Social Assistance. 2. Directorate of Finance and Economics Rag. Carlo Martens in hereby appointed Deputy Chief, Directorate of Finance and Economics. 3. This Order shall become effective on the date it is signed by me. Dated at TRIESTE, this 9th day of December 1952. T.J.W. WINTERTON Major Genera] Ref. : LD/B/52/63 Zone Commander Administrative Order No. 61 CESSATION OF JUDICIAL FUNCTIONS BY DR. GABRIO SZOMBATHELY WHEREAS by Administrative Order No. 52 dated 10 August 1946 Dr. Gabrio SZOMBATHELY was temporarily charged with judicial functions and was assigned as a Judge at the Tribunal of Trieste ; and WHEREAS he has asked to be relieved from the said functions for personal reasons, NOW, THEREFORE, I, SIR JOHN WINTERTON, KO MG, OB, CBE, Major General, Zone Commander, ORDER: 1. — Dr. Gabrio SZOMBATHELY will cease from his functions as temporary Judge at the Tribunal of Trieste with effect from 1st January 1953. 2. — This Order shall become effective on the date it is signed by me. Dated at TRIESTE, this 11th day of December 1952. T. J. W. WINTERTON Major General Ref. : LD/B/52/62 Zone Commander Administrative Order No. 62 AUTHORITY TO PERFORM NOTARIAL ACTS ETC. WHEREAS by Administrative Order No. 68 dated 29 October 1951 Nicholas R. Voorhis, Colonel JAGC, Director of Legal Affairs, Allied Military Government and J. Stewart Reakes, Major RSF, Legal Officer, Department or Legal Affairs were empowered to perform the functions set out in Order No. 171, dated 29 October 1951 ; and WHEREAS Major J. Stewart Reakes RSF has ceased to perform the duties of Legal Officer with the Allied Military Government and it is necessary to appoint another person to perform the said functions in his place, NOW, THEREFORE, I, SIR JOHN WINTERTON, KCMG, CB, CBE, Major General, Zone Commander, 1. The authority for J. Stewart Reakes, Major RSF to perform the functions set out in Order No. 171 dated 29 October 1951 is hereby annulled. 2. Mr. Frances Charles Shaw Bayliss M.B.E. T.D. Deputy Director of Legal Affairs, Allied Military Government is hereby empowered to perform the functions set out in Order 171 dated 29 October 1951. 3. This Order shall become effective on the date it is signed by me. Dated at TRIESTE, this 15th day of December 1952. VONNA F. BURGER Colonel Arty Chief of Staff for T.J.W. WINTERTON Major General Ref. : LDIB/52164 Zone Commander Notice No. 83 PUBLICATION OF THE OFFICIAL GAZETTE Reference Administrative Instruction dated 4 June 1947. A special issue of the Official Gazette, issue No. 36, will be published on 31 December 1952. There will be no issue of the Official Gazette on 1 January 1953. The first issue of the Official Gazette for the year 1953 will be made on 11 January 1953. Dated at TRIESTE, 18th day of December 1952. NICHOLAS R. VOORHIS Colonel JAGD Ref.: LD/C/52190 Director of Legal Affairs CONTENTS Order Page No. 188 Establishment of „Centro Distrettuale di Servizio Sociale per i minorenni“ (Amendment to Order No. 152/1952).................................... 589 No. 189 Provisions concerning holidays (Amendment to Order No. 200/1949)... 590 No. 190 Extension of lease and sublease contracts ......................... 590 No. 191 Organization of the organic plan of the judiciary (Amendment to Order No. 239/1950) ............................................................. 591 No. 192 Provision concerning judicial evictions .............................. 592 Administrative Order No. 60 Allied Military Government appointments ........................... 593 No. 61 Cessation of Judicial Functions by Dr. Gabrio Szombathely ......... 594 No. 62 Authority to perform notarial acts etc............................. 594 Notice No. 83 Publication of the Official Gazette.............................. 595