text:
Republic of South Africa Constitution Act, 1983/1986-07-01

as amended by

Constitution Amendment Act, No. 105 of 1984

Powers and Privileges of Parliament and the Constitution Amendment Act, No. 99 of 1985

Provincial Government Act, No. 69 of 1986

55. (1) A member of a House shall vacate his seat if he―

becomes subject to any disability mentioned in section 54; or ceases to be qualified as required by law; or fails for a whole ordinary session of Parliament or of the House of which he is a member to attend without the special leave of that House, unless his absence is due to his serving, while the Republic is at war, with the South African Defence Force or any other force or service established by or under the Defence Act, 1957.

(2) A member of a House who―

is designated or appointed as a member of the President’s Council, shall vacate his seat as a member of such House with effect from the date on which he becomes a member of the President’s Council; is appointed to the office of administrator of a province or of member of the executive committee of a province, shall vacate his seat as a member of such House with effect from the date on which he assumes such office.

71. (1) No person shall be qualified to be designated or appointed as a member of the President’s Council―

unless he is of or over the age of 30 years; in the case of a member designated by a House, unless he is a member of such House or is qualified to be elected or nominated and take his seat as a member of such House; in the case of a member appointed by the State President, unless he is a member of a House or is qualified to be elected or nominated and take his seat as a member of a House:

Provided that the provisions of section 54 (e) shall not apply with reference to the qualification of a person to be designated or appointed as a member of the President’s Council or to be such a member.

(2) A member of the President’s Council shall hold office until the next ensuing dissolution of that Council in terms of section 77, but shall be eligible for redesignation or reappointment.

(3) A member of the President’s Council shall vacate his office―

on the dissolution of that Council; subject to the proviso to subsection (1), if he becomes disqualified to be elected or nominated and take his seat as a member of any House; if he becomes a member of a House or is appointed as administrator or member of an executive committee of a province in terms of the Provincial Government Act, 1986;

in the case of a member designated by a House which was thereafter dissolved, if the House constituted after the general election held in pursuance of such dissolution, withdraws the designation of that member―

where it was a dissolution of Parliament, by a resolution adopted before that member vacates his office in terms of paragraph (a) of this subsection; where it was a dissolution of such House only, by a resolution adopted within seven days after the first meeting of the House as reconstituted;

in the case of a member appointed otherwise than in terms of section 70 (2) by a State President who thereafter resigned his office or was removed from office or died, if the appointment of such member is withdrawn by the newly elected State President within seven days after having assumed office; in the case of a member appointed by the State President in terms of subsection (2) of section 70, on the date on which a person nominated under that subsection for appointment in the place of the member concerned, by competent members of the House in question at a meeting of such members called in terms of paragraph (c) (ii) of that subsection, becomes a member of the President’s Council by virtue of his appointment in terms of paragraph (e) of that subsection.

(4) A member of the President’s Council may resign as such member by lodging his resignation in writing with the State President, who shall, in the case of a member designated by a House, forthwith notify the Chairman of the House in question of the resignation.

(5) The designation or redesignation of a person as a member of the President’s Council by a House during the period in which a member’s designation may be withdrawn under subsection (3) (d) (i) of this section, shall take effect on the day on which the then existing President’s Council dissolves in terms of section 77, and shall be a designation as a member of the President’s Council constituted on or after that day.

98. (1) Any Act of Parliament or other law which at the commencement of this Act is administered by a Minister of the Republic or in a department of State controlled by such a Minister and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be regarded as a general law for the purposes of this Act until, and except in so far as, its administration is assigned under section 26 to a Minister of a department of State for own affairs of a population group.

(2) Any Act of Parliament or other law which entrusts any power, duty or function to the executive committee or other executive authority of such province established by the previous Constitution and which relates to a matter referred to in section 14 shall, notwithstanding the fact that it relates to such matter, be administered according to its provisions unless, and except in so far as, its administration is assigned to a Minister under subsection (3) (b).

(3) The State President may by proclamation in the Gazette―

after consultation with the executive committee of the province concerned, declare that the provisions of Part IV apply to a law referred to in subsection (2) to the extent stated in the declaration; when he so declares or at any time thereafter, assign the administration of such law to a Minister; when he so assigns the administration of such law or at any time thereafter, and in so far as he considers it necessary for the efficient carrying out of the assignment by the Minister or in his department or of such law in so far as its administration is not so assigned―

amend or adapt such law in order to regulate its application or interpretation; where the assignment does not relate to the whole of such law, repeal and re-enact, whether with or without an amendment or adaptation contemplated in subparagraph (i), those of its provisions to which the assignment relates or in so far as the assignment relates to them; regulate any other matter necessary, in his opinion, as a result of the assignment, including the transfer or admission of persons to or in the service of the State or any other person, subject to conditions not less favourable than those under which they serve, and the transfer of assets, liabilities, rights and obligations, including moneys, to or from the State or any other person or body established by law.

(4) Section 26 shall apply mutatis mutandis to an assignment under subsection (3) (b) of this section, but in such application any reference in that section to a Minister to whom a provision in a law entrusts any power, duty or function shall be construed as a reference to the relevant executive committee or other executive authority referred to in subsection (2) of this section.


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, finding the enemy's parties scattered wide wasting the country, fell upon them, and slew many, till he had arrived near the middle of their body, when the Galla, used to such expeditions, poured in from all sides, and presently united, Demetrius, surrounded on every side, was slain, fighting to the last in the most desperate manner, and his party, much diminished in number, fled in a manner that could not be mistaken for stratagem. They were closely pursued, and followed into the pass by the Galla, who thought they had thus entirely cut them off from Amhara. But they were soon received by a close fire from the foot among the bushes, and by the lances that mingled with them from every side of the mountain. king, upon the first noise of the musquetry, advanced quickly with his horse, and met the Galla, in the height, of their confusion, flying back again into the plain. Here they fell an easy sacrifice to the fresh troops led by Yasous, and to the peasants, exasperated by the havoc they before had made in the country. Of the enemy, about 6000 men fell this day on the field; a few were brought to Gondar, and, in contempt, sold for slaves. Few on the king's side were slain, excepting those that fell with Demetrius, the account of whose death the king heard without any signs of regret: — "I told the man (says the king) that he should shew himself and retire; if I wanted a victory I would have led the army in person; I march against the Galla, not as a king, but as an executioner, because my aim is to extirpate them."

Yasous was stedfast in his own opinion as to his religion, or, as it may be more properly called, the

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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634 with the magnificent finishing of the room; it was the work of the Falasha, and consisted of painted cane, split and disposed in Mosaic figures, which produces a gayer effect than it is possible to conceive. This chamber, indeed, was never perfectly finished, from a want of mirrors. The king died; taste decayed; the artists were neglected, or employed themselves in ornamenting saddles, bridles, swords, and other military ornaments, for which they were very ill paid; part of the mirrors fell down; part remained till my time; and I was present when the last of them were destroyed, on a particular occasion, after the battle of Serbraxos, as will be hereafter mentioned.

king had begun another chamber of equal expence, consisting of plates of ivory, with stars of all colours stained in each plate at proper distances. This, too, was going to ruin; little had been done in it but the alcove in which he sat, and little of it was seen, as the throne and person of the king concealed it.

was charmed with this multiplicity of works and workmen. He gave up himself to it entirely; he even wrought with his own hand, and rejoiced at seeing the facility with which, by the use of a compass and a few straight lines, he could produce the figure of a star equally exact with any of his Greeks. Bounty followed bounty. The best villages, and those near the town, were given in property to the Greeks that they might recreate themselves, but at a distance, always liable to his call, and with as little loss of time as possible. He now renounced his favourite hunting-matches and incursions upon the Shangalla and Shepherds of Atbara.


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584 only six years, was stoned with him. It was the fourth son he had. I made Yasous believe that the religion of the French was the same with that of Ethiopia." &c. &c.

this letter, we see a boy of six years old, son of one of these priests or friars, was stoned to death with them; and his heap of stones appears with those of the others. It was, indeed, a common test of the people suspected to be priests, who stole into Abyssinia, to offer them women, their vows being known, and that they could not marry. I apprehend, to avoid detection, one at least of them had broken his vow of celibacy and chastity, and that this child was the consequence, but not the only one, as Enoch says, in his letter, he had three others; and this probably was the reason why the Catholics of those times had consigned their merit to oblivion, rather than record it with their failings.

although we know that there were friars who had been in Ethiopia since the time of Oustas, we should not have been informed who they were, had it not been for a small sheet, published at Rome in the year 1774, by a capuchin priest called Theodosius Volpi, sent to me by my learned and worthy friend the honourable Daines Barrington. From this we find, that these three were, Liberato de Wies, apostolical prefect in Austria; Michael Pius of Zerbe, in the province of Padua; and Samuel de Beumo, of the Milanese. The account of their death is the same as already given, though the publisher suppresses the stoning of the child, and the existence of the three other, fruits of the seraphic mission, through the endeavours of father Michael Pius of Zerbe, of the province of Milan. The child, too, stoned to death with his father, was six years old, and was, as Elias


text:
Provincial Government Act, 1961/1986-07-01

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

Provincial Affairs Act, No. 88 of 1983

Republic of South Africa Constitution Act, No. 110 of 1983

Constitution Amendment Act, No. 105 of 1984

Constitutional Affairs Amendment Act, No. 104 of 1985

Provincial Government Act, No. 69 of 1986

THE PROVINCES.

84. (1) Subject to the provisions of this Act, the Financial Relations Act, 1976 (Act No. 65 of 1976), and the assent of the State President as hereinafter provided, and except in so far as the provisions of Part IV of the Republic of South Africa Constitution Act, 1983, have under section 98 (3) (a) of the last-mentioned Act been declared to apply to any ordinance or other law of the province, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely—

direct taxation within the province in order to raise revenue for provincial purposes; the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by Parliament;

education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

agriculture to the extent and subject to the conditions defined by Parliament; the establishment, maintenance and management of hospitals and charitable institutions; municipal institutions, divisional councils and other local institutions of a similar nature; any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public health in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of Parliament to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

roads, outspans, ponts and bridges, other than bridges connecting two provinces; markets and pounds; fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940); the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section.

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph; for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).


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 It is these well-established privileges and responsibilities of theirs which make their utterances considered worth hearing,—nay, necessary to be heard and pondered. Their public speeches are their parties’ platforms. What the leader promises his party stands ready to do, should it be intrusted with office. This certainty of audience and of credit gives spice to what such leaders have to say, and lends elevation to the tone of all their public utterances. They for the most part avoid buncombe, which would be difficult to translate into Acts of Parliament. It is easy to see how great an advantage their station and influence give them over our own public men. We have no such responsible party leadership on this side the sea; we are very shy about conferring much authority on anybody, and the consequence is that it requires something very like genius to secure for any one of our statesmen a universally recognized right to be heard and to create an ever-active desire to hear him whenever he talks, not about candidates, but about measures. An extraordinary gift of eloquence, such as not every generation may hope to see, will always hold, because it will always captivate, the attention of the people. But genius and eloquence are too rare to be depended upon for the instruction and guidance of the masses; and since our

title: Page:Congressional Government.djvu/347


text:
Page:The Boy Travellers in Australasia.djvu/9

 ADVENTURES OF TWO YOUTHS IN A JOURNEY TO

THE SANDWICH, MARQUESAS, SOCIETY, SAMOAN, AND FEEJEE ISLANDS, AND THROUGH THE COLONIES OF NEW ZEALAND, NEW SOUTH WALES QUEENSLAND, VICTORIA, TASMANIA, AND SOUTH AUSTRALIA

BY

THOMAS W. KNOX

AUTHOR OF "THE BOY TRAVELLERS IN THE FAR EAST" "IN SOUTH AMERICA" "IN RUSSIA" AND "ON THE CONGO" "THE YOUNG NIMRODS" "THE VOYAGE OF THE 'VIVIAN'" ETC.

Illustrated

NEW YORK

HARPER & BROTHERS, FRANKLIN SQUARE 1889


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 he had been robbed of every thing, except the clothes upon his back; that Matthew, who was but a pretended ambassador, had been much otherwise treated by the king of Portugal; but for himself he desired nothing but a speedy dismission, having delivered his letters and done his errand: Till that time, he should expect to be treated like a man of honour, above lying or falsehood." To this the king answered, "That he believed him to be a man of honour, worth, and veracity, but that Matthew was a liar: at the same time he wished Don Roderigo to know, that he was perfectly informed what degree of respect and good usage Matthew had met with from the king of Portugal's officers and captains, but that he did not impute this to Don Roderigo."

was a rumour at court which very much alarmed the ambassador; it was, that the king intended to detain him according to the invariable custom and practice of his country. Two Venetians, Nicholas Branca Leon and Thomas Gradinego, had been forcibly detained since the reign of Bæda Mariam. But what terrified Don Roderigo still more, as a case most familiar to his, was the sight of Peter Covillan then in court, who had been sent ambassador by John king of Portugal to Iscander, and ever since was detained without being able to get leave to return, but was obliged to marry and settle in the country.

was the emperor's real intention is impossible now to know; but, having resolved to send an Abyssinian ambassador to the king of Portugal, it was necessary to dismiss Don Roderigo likewise. However, he did not entirely abandon the whole of his design, but forcibly detained Master John the secretary, and Lazarus d'Andrad the painter, and


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Page:The Boy Travellers in Australasia.djvu/11

HE first settlement in Australia was made in 1788; consequently the inhabitants of the great southern continent are this year celebrating their centennial. Three millions of people settled in five great colonies, possessing all the characteristics of an advanced civilization, with the unity developed by a common language and a common allegiance, and the rivalry that springs from the independence of each colony by itself, are uniting in the centennial celebration, and contrasting the Australia of to-day with that of one hundred years ago.

Previous to the discovery of gold in Australia, in 1851, Americans had but little knowledge of that far-away land. The opening of the auriferous fields attracted the attention of the whole civilized world to the antipodes, and many Americans joined the multitude that went thither in search of wealth. Since that time our relations with Australia have, year by year, grown more intimate. Railways across our continent and steamship lines over the broad Pacific have brought Sydney and Melbourne in juxtaposition to New York and San Francisco, and in this centennial Australian year we may almost regard the British colonies under the Southern Cross as our next-door neighbors.

The writer of this volume is not aware that any illustrated book descriptive of Australia and its neighboring colonies, New Zealand and Tasmania, by an American author, or from an American press, has ever yet appeared. Believing such a book desirable, he sent those youthful veterans of travel, Frank Bassett and Fred Bronson, over the route indicated on the title-page, with instructions to make careful note of what they saw and learned. Under the guidance of their mentor and our old friend Doctor Bronson they carried out their instructions to the letter, and the results of their observations will be found in the following pages. Trusting that the book will meet the favor that has been accorded to previous volumes of the "Boy Traveller" series, they offer their present work as their contribution to the Australian centennial,


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Page:Congressional Government.djvu/348

 politicians lack the credit of authority and responsibility, they must give place, except at election-time, to the Press, which is everywhere, generally well-informed, and always talking. It is necessarily “government by declamation” and editorial-writing.

It is probably also this lack of leadership which gives to our national parties their curious, conglomerate character. It would seem to be scarcely an exaggeration to say that they are homogeneous only in name. Neither of the two principal parties is of one mind with itself. Each tolerates all sorts of difference of creed and variety of aim within its own ranks. Each pretends to the same purposes and permits among its partisans the same contradictions to those purposes. They are grouped around no legislative leaders whose capacity has been tested and to whose opinions they loyally adhere. They are like armies without officers, engaged upon a campaign which has no great cause at its back. Their names and traditions, not their hopes and policy, keep them together.

It is to this fact, as well as to short terms which allow little time for differences to come to a head, that the easy agreement of congressional majorities should be attributed. In other like assemblies the harmony of majorities is constantly liable to disturbance. Ministers lose

title: Page:Congressional Government.djvu/348


text:
Page:The Boy Travellers in Australasia.djvu/12

iv and hope that the boys and girls of their native land will find pleasure and profit in its perusal.

The method followed in the preparation of previous volumes of the series has been observed in the present book as far as it was possible to do so. The author's personal knowledge of the countries and people of Australasia has been supplemented by information drawn from many sources—from books, newspapers, maps, and other publications, and from numerous Australian gentlemen whom he has known or with whom he has been in correspondence. During the progress of the work he has kept a watchful eye on the current news from the antipodes, and sought to bring the account of the condition of the railways, telegraphs, and other constantly changing enterprises down to the latest dates.

Many of the books consulted in the preparation of "The Boy Travellers in Australasia" are named in the text, but circumstances made it inconvenient to refer to all. Among the volumes used are the following: Wallace's "Australasia," Forrest's "Explorations in Australia," Warburton's "Journey Across the Western Interior of Australia," Alexander's "Bush-fighting in the Maori War," Smyth's "Aborigines of Victoria," Bodham-Whetham's "Pearls of the Pacific," Murray's "Forty Years of Mission Work in Polynesia," Cumming's "At Home in Fiji," Markham's "Cruise of the Rosario," Palmer's "Kidnapping in the South Seas," Buller's "Forty Years in New Zealand," "Australian Pictures," Harcus's "South Australia," Eden's "Australia's Heroes," Trollope's "Australia and New Zealand," and Nordhoff's "Northern California, Oregon, and the Sandwich Islands."

The publishers have kindly allowed the use of illustrations that have appeared in and other of their publications, and these illustrations have admirably supplemented those that were specially prepared for the book. The maps on the front and rear covers were specially drawn from the best authorities, and are intended to embody the most recent explorations and the latest developments of the railway systems of the Australian colonies. T. W. K.
 * July, 1888.


text:
Provincial Government Act, 1961/1987-04-01

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

Provincial Affairs Act, No. 88 of 1983

Republic of South Africa Constitution Act, No. 110 of 1983

Constitution Amendment Act, No. 105 of 1984

Constitutional Affairs Amendment Act, No. 104 of 1985

Provincial Government Act, No. 69 of 1986

THE PROVINCES.

84. (1) Subject to the provisions of this Act, the Financial Relations Act, 1976 (Act No. 65 of 1976), and the assent of the State President as hereinafter provided, and except in so far as the provisions of Part IV of the Republic of South Africa Constitution Act, 1983, have under section 98 (3) (a) of the last-mentioned Act been declared to apply to any ordinance or other law of the province, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely—

direct taxation within the province in order to raise revenue for provincial purposes; the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by Parliament;

education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

agriculture to the extent and subject to the conditions defined by Parliament; the establishment, maintenance and management of hospitals and charitable institutions; municipal institutions, divisional councils and other local institutions of a similar nature; any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public health in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of Parliament to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

roads, outspans, ponts and bridges, other than bridges connecting two provinces; markets and pounds; fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940); the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section.

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph; for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).


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 their following and find their friends falling away in the midst of a session. But not so in Congress. There, although the majority is frequently simply conglomerate, made up of factions not a few, and bearing in its elements every seed of discord, the harmony of party voting seldom, if ever, suffers an interruption. So far as outsiders can see, legislation generally flows placidly on, and the majority easily has its own way, acting with a sort of matter-of-course unanimity, with no suspicion of individual freedom of action. Whatever revolts may be threatened or accomplished in the ranks of the party outside the House at the polls, its power is never broken inside the House. This is doubtless due in part to the fact that there is no freedom of debate in the House; but there can be no question that it is principally due to the fact that debate is without aim, just because legislation is without consistency. Legislation is conglomerate. The absence of any concert of action amongst the Committees leaves legislation with scarcely any trace of determinate party courses. No two schemes pull together. If there is a coincidence of principle between several bills of the same session, it is generally accidental; and the confusion of policy which prevents intelligent coöperation also, of course, prevents intelligent differences and divisions.

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Provincial Government Act, 1986/1987-07-08

as amended by

Constitutional Laws Amendment Act, No. 32 of 1987

15. (1) The State President may assign the administration of any provision in any law which entrusts to a Minister referred to in section 20 (b) or (c) of the Constitution Act any power, duty or function, to the administrator of any province―

(2) The administrator of a province may in writing authorize― to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function conferred or imposed on the administrator by or in terms of this Act or any other Act of Parliament, except the power to issue proclamations or make regulations.

(3) The said administrator may similarly authorize any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), or approved by him, and any such institution or body so authorized may, with the approval of the administrator concerned, further so authorize any person in its employ.

(4) Whenever the administration of a law or a provision of a law referred to in subsection (1) has been assigned to the administrator of a province under the said subsection, the provisions of section 10 (5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis as if that administrator, the provincial administration concerned, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the public service, respectively. [Sub-s. (4) added by s. 31 of Act No. 32 of 1987.]

22. The laws mentioned in― [S. 22 substituted by s. 32 of Act No. 32 of 1987.]


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 There is never a transfer of power from one party to the other during a session, because such a transfer would mean almost nothing. The majority remains of one mind so long as a Congress lives, because its mind is very vaguely ascertained, and its power of planning a split consequently very limited. It has no common mind, and if it had, has not the machinery for changing it. It is led by a score or two of Committees whose composition must remain the same to the end; and who are too numerous, as well as too disconnected, to fight against. It stays on one side because it hardly knows where the boundaries of that side are or how to cross them.

Moreover, there is a certain well-known piece of congressional machinery long ago invented and applied for the special purpose of keeping both majority and minority compact. The legislative caucus has almost as important a part in our system as have the Standing Committees, and deserves as close study as they. Its functions are much more easily understood in all their bearings than those of the Committees, however, because they are much simpler. The caucus is meant as an antidote to the Committees. It is designed to supply the cohesive principle which the multiplicity and mutual independence of the Committees so powerfully

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text: Author:Auguste Longnon

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 tend to destroy. Having no Prime Minister to confer with about the policy of the government, as they see members of parliament doing, our congressmen confer with each other in caucus. Rather than imprudently expose to the world the differences of opinion threatened or developed among its members, each party hastens to remove disrupting debate from the floor of Congress, where the speakers might too hastily commit themselves to insubordination, to quiet conferences behind closed doors, where frightened scruples may be reassured and every disagreement healed with a salve of compromise or subdued with the whip of political expediency. The caucus is the drilling-ground of the party. There its discipline is renewed and strengthened, its uniformity of step and gesture regained. The voting and speaking in the House are generally merely the movements of a sort of dress parade, for which the exercises of the caucus are designed to prepare. It is easy to see how difficult it would be for the party to keep its head amidst the confused cross-movements of the Committees without thus now and again pulling itself together in caucus, where it can ask itself its own mind and pledge itself anew to eternal agreement.

The credit of inventing this device is probably due to the Democrats. They appear to have

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Hall. Am. Ass'n Adv. Sci. Proc. 1884. 33: 420

Hall & Clarke. Palaeontology of New York. 1888, 7: 157, pl. 27, fig. 3, 4

This species, the single eurypterid representative from the Clinton group, is based upon a carapace that was fully described by Hall and Clarke. These authors also point out the characters by which this species is distinctly different from any other species of Eurypterus. The most important of these is the anterior position of the eyes, which coupled with their submarginal position and the great length of the carapace (length to width as 27 : 30 or 9 : 10) gives the latter an aspect very like that of Dolichopterus, so that it would not be surprising if later discoveries prove this species closely allied to that genus. In Dolichopterus the specialization has gone a step farther and the carapace, which there is still well rounded at the anterior corners, has become subquadrate.

It maybe also mentioned that the youngest stage of  observed has the same long carapace and anterior eyes and that, tor this reason,   may represent a phylogenetically youthful type of Eurypterus, an inference that is supported by the geologic position of the species.

The ocelli have, as usual, followed the compound eyes and are situated well forward on a line connecting the posterior extremities of the lateral eyes. They mark the apex of the carapace. The uncompressed type specimen shows this head shield to have been relatively high, but its summit flattened and culminating in a broad ridge connecting the compound eyes.

The oblique linear depressions on the postlateral areas are rather faint and somewhat exaggerated in the drawing. Similar depressions


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Letters from Alexander Henry Haliday to Hermann Loew 25 May 1862, September 6 1862, 1 November 1862

Bagni di Lucca, 1862.5.25 Dear Dr

Loew Your letter of the 12th of May reached me at Monte Benelli  on the 22nd; rather a tedious conveyance, as you indeed had anticipated; but this did not lessen the pleasure I had in receiving it. I congratulate you on having got through the toils of the Election , and as you hope, not fruitlessly, and that you are now at liberty to return to the more gentle Muses. Your friend Zeller  is very conscientious, but it is not likely, with the other objects I  have in view, that I should have been tempted by any picture of insect life, to face the malaria at an advanced season. Just now, the roads above Lucca are crowded with the flocks of the Lombard shepherds,—each with the inevitable pig in company —removing, from the Maremma  of Tuscany, to the mountain pastures; so that I am warned if I wish for a peep at the Maremma, not to wait for June. I have had a plan of a few days’ excursion, to see the isle of Elba, the Borax lakes of Monte Cerboli, and to touch some outskirt of the Maremma; but it is likely to be prevented by a visit from a family out of Ireland, my near neighbours there, for forty years and more. Meantime I have come over here (where I begin to write) to get up more conveniently to the skirts of the Apennines, and judge how far vegetation is advanced among the hills. The Bagni are sunk in a deep ravine, shortening the day by four hours, it is calculated; and my second evening here has been one of heavy rain with the clouds lying half way down the mountains. When I get back to Monte Benelli I hope to hear from Bellardi, and to know somewhat more of our plans, which I may communicate, in the delightful hope that it may lead to a meeting with you, in the hills, in July. Meanwhile, I commence with some entomological gossip. If we meet, the difficulties about transportation of parcels, which I also feel on the other hand, will, I suppose be obviated. If not, I imagine the shortest way will be through Messrs Williams & Norgate and their Leipzig correspondent ___________. I have at present, a second packet from them on its way by sea to Livorno. I made the trial of sending, in a letter lately, to Dr Reinhard, a few small Hymenoptera, in a cell cut in a morsel of a cork; but I found it was necessary to make applications and declarations, at the Post, as if they suspected the contents to be Orsini explosives. As yet, I know not whether they reached Dresden at all; but a letter to England, at the same time, with a minute Acritus, also corked, did go safe. I shall be very glad of the opportunity of examining the Hymenopterous Parasites of Diptera. I begin to think that Lucca will yield me more among these my oldfavourites, than of Diptera. I believe my last letter to you was written too far back, for me to have mentioned the capture of a species of Iteaphila (a Northern genus, I think, it was considered,) at no great elevation. I was driving, with a friend in one of the country vehicles, home from the Baths, out in the wildest, rocky, part of the valley of the Serchio, I was attracted by the conspicuous white flowers of a Cerastium. Few of the tuft�s were in accessible situations; but having reached some, I found them peopled by the Iteaphila. Three weeks later, nearly, I went alone one morning to the same region, but the Cerastium had run to seed, and the Iteaphila was nowhere to be found. The forenoon was unfavourable on the hills, thunder & rain; when it cleared up, I climbed the steep hills which hem in the riverbed, but got little to reward me—no Diptera—only Col. and Hem. Another day’s excursion to the sea coast was more productive. Flora had begun to deck herself; Convolvulus, Soldanella & Euphorbia paralias,and at the Serchio mouth Tamarin;—in the adjoining woods a wilderness of flowers. I told you before of a little fly I had found, forming, as I thought, a new genus of  On the coast I got a third species abundant,—having got a second, previously, about shady brooks in the hills above Lucca. With this third, but very sparingly, occurred a little Dolichopid, —wearing, like that, the peculiar hoary livery of the species of the dunes; and so like in size &c that it was chiefly by its much more brilliant green eyes I distinguished it. This also I think will form a genus having much the form of but a free hypopygium, & antennae like Aphrosylus. But the most interesting capture to me was 1½ specimen (one being a wretched relic) of a small species, smoothing the transition from Ochthera to the other Ephydrine, by its incrassated fore femora, with spines beneath, and having a peculiar form of head &c. The Dolichopidae as yet are not abundant, Orthocihle unicolor perhaps the most diffused. One Leopoldius I have got;—and one Macrocera, a great catch for me, as I had never arrived at seeing the genus even in a collection. [illegible portion of text] Of Tachytrechus I have met 3 spp insignis, notatus and, a third with pale dilated [illegible text]. With regard to - I observe that Rondani appears, from his Prodromus, to have correctly known the insect of Meigen, as he attributes to it spiny hind metatarsus. I have not met with it; but I suppose I say look for it, since Bellardi has taken it in Piedmont also, and I saw it in M. Bigot’s collection too. I suppose I have got here the Gymnopternus called regalis, but the wings are not broad, and the brown cloud even in [illegible text]

Monte Bonelli. Lucca. Nov. 5-14 1862 My dear Dr Loew Your last letter gave me much satisfaction, so far as it informed me that it was not illness which had caused your silence, as I had begun to apprehend,—along with concern for the actual troubles which have so much engaged your time and thoughts, and have concurred to prevent your projected visit to Vienna, at this time. As my intention of going thither was principally inspired by that expectation, I gave it up wholly, on hearing from you to this effect, but hope that a meeting, either there or elsewhere, may take place, next year, between us. I have since I heard from you, had the painful intelligence of my oldest and best friend among naturalists, Curtis’ death. The few last years have sadly thinned my last old friends. J. C. had been reduced to great prostration in the summer by a long continued and extreme access of indigestion, but had begun to rally, as he wrote to me, a short time before the sad event, by another’s hand, so that I indulged the fond hope of finding him again, when I should return to London. I am glad that, after so much delay, his book of Farm insects has reached you,and that you take kindly the simple expression of at least my sincere judgment; from which too, I believe, no one interested in the subject would dissent. That your own aspirations leave you unsatisfied with past achievements may very well be; and I hope, from this, and under favour of providence in respect of your health & domestic circumstances, that you will be able to carry out much more of what you have proposed to yourself. Many thanks for the specimens of insects, you enclosed in compliance with my desire. They came safe; only one Gymnopa has lost its head, which I might probably have recovered, if I had opened the cylinder with more precaution against the falling out of any loose particle. But this partial mutilation was of no moment to my object. The little Hydrellinum is quite new to me, and as I think, is irreducible to any of the established genera of that tribe. Here the Dolichopidae have had no autumnal appearance, as I hoped they might. Since the heavy rains of October, (which almost cut us off from access to the outer world), Ephydrinae have appeared in greater number but in small variety. Of Ephydra pr. I have met but four individuals; two taken at Lake Bilancino (ten miles English from this), and two recently in the bed of the Serchio subsiding from the floods. On the whole, looking at what I have got this summer, I am tempted to conclude that the Luccese affords less variety of Diptera, and fewer conspicuous species, than my own home in the north of Ireland! However, this has been a peculiar season as to weather, and a very unfavourable one for Coleoptera, as Ghiliani  tells me. Bellardi has been so much engaged, for some time, on a Zoological Atlas, under the sanction of government, that he has sent me but a few & brief scraps for letters, and was unable to make a visit here this year, as I had asked him to do. I have not heard of his having received the packet from you which you announced. When your letter reached me, it seemed too late for me to reply before the time fixed for its despatch. I have waited,therefore, till I could write with more leisure, and touch on some points & questions of Dipterology. I have not heard anything since from Rondani,  to whom I wrote (as I told you before) from Turin,  with reference to a visit and view of his Dolichopidae in particular. In case he is unable (as, he intimated to me, was probable) to continue his Prodromus, I would be very desirous to see Bellardi leave his Exotic Diptera, for those of Italy, with the accession of Rondani’s materials, in addition to his own fine Piedmontese collection. I do not suppose the work would suffer by the change. I am sorry to have to conclude, from the specimens I saw with Bellardi, of Rondani’s communication, that the latter in his scientific zeal, is not careful enough of the preservation of his materials. He himself intimates in his second paper on bertei, that the decay of the single specimen was his inducement for enlarging the description, while the means remained. I have lately got a few more books dispatched out here, among them Osten Sacken's on N. American Limnobiae & which I had not seen before. Where is he now? My wished for visit to the caves of “Vergemoli Alps”  has failed, or at least is postponed till so late a time, that I can scarcely hope to find Spelaeophila in the depths. I was first of all disabled by a foot and an eye simultaneously; and when this was nearly passed, and I had got my letters &c for the Vergemoli, I have been freshly cramped by a fall from a carriage, consequent on an assault made, in open day & on the public road by a rough countryman, who must, I think, have been heated by wine. A lady was in the carriage with me, but fortunately was unharmed, —but I find myself as yet not sufficiently pliable for creeping through subterranean passages, remembering the experience of the Mitchelstown caves in Ireland; in which my companion Dr Wright & I could find no peculiar animal life, except -. I see the Pyrenees have lately been yielding their quota to the cavern Fauna, and the Italian caves should not be sterile,though I could find nothing in the dark recesses of the dripping grotto of Cavallone  but an  - Limnobia, and a Dixa. Before arranging Bellardi’s Dolichopidae for him, I hope to have a few more of my books, now at sea; but I believe there will be found among them more things new, than I had anticipated. He has 1 -, and many of the now Liancalus of the Alps, as well as of the 3rd species of the bipunctate group of Hydrophorus,—of which I took two specimens on the borders of a small lake at a considerable elevation among the secondary ranges of the Monte Rosa group. In this species no part of the face is metallic-glossy. My new Tachytrechus—here exceedingly rare, & only found by me on one arid st one hill top, is not among his collections.I have got one specimen (only) of Anopheles pictus Lw., agreeing with the description of female except that the penultimate joint of the hind tarsus is wholly of the blue pale colour as the articulations of the other joints;but this is scarcely a discrepancy, as the last joint alone of the hind tarsus is describedas dark in colour. The fore femora are attenuated, as in the female; the palpi and proboscis appear much thicker than in the other species of the genus (A. bifurcatus & A. maculipenius occurring here)—from the thick clothing of scales, the articulations like those of the legs marked with a pale spot. Of Phlebotomus I have seen but 2 specimens, both of which solicited my attention by their puncture of my hand; but they escape with much more agility than a Culex does. Sycorax also occurs, but I have not seen a Trichomyia. With regard to geographical distribution it may perhaps not be tedious to you, if I jot down a few disconnected notes. Psilopa apicalis is common (“France, Germany”). The Philygria, with the exception of Ph. picta, very rare in the low grounds, but become more common in ascending the Apennines, as well towards the Alps. Curtonotum gibbani (Perris,- ) rare here, & near Turin. Sciodromia immaculata. Ardoptera guttata (not oculata) I see scarcely any of the Chrysoti which we have in the North; but instead, a group with very minutely pubescent eyes & usually a sapphire blue gloss. (I suppose Chr. suavis is one of them); the most remarkable, a species with black legs,—the hind tibiae densely ciliated with broadened hairs, like some ---. In looking over your review of Walker’s Dipt. Brit. it occurred to me to ask you the grounds for preferring the Orthography Theressa. Of course the like change would affect Choleva, Lesteva and the like—I cannot recall (without book) any exactly parallel case in classic authorities; but the nearest to it are the other way e.g. Evander (a decisive instance on account of the prosody)—Evadne, Eva, Evans, Evoe, etc, etc [letter ends]

Septr. 6th 1862 Dear Dr Loew The advance of time, and the slowness of the Post between Italy, & Germany, makes me fear that if I do not write, without waiting to hear from you of your return to Meseritz, I may have the intelligence of your intended movements inOctober, (time of visit to Vienna, &c) too late to make it available for my direction, if a visit to Vienna on my part should be practicable. Pray give me therefore, by the earliest opportunity, as precise data as you can, for my direction on these points. I should be anxious to obtain some compensation, by a meeting in that city, for the disappointment regarding our projected excursion in the Alps. I had expected to be out this week, for a few days, consecutively, in the Apennines, (alone —as a young Italian, who has collected the Coleoptera of the Bagni district, & was willing to have joined me, has been forbidden by medical authority)—but the weather has broken completely, so that an invasion of the mountains is not to be thought of, until the sky settles again, which it is not likely to do for some days yet. I may also have a ride across the Apian Alps, at the end of the month, with some of my Irish friends, to pass through the Monte Torato, the distant view of which from the Monte Regatese Alp struck me so much, and to visit some of the natural caves, which abound in that calcareous range of mountains. But before leaving home for a time, I should wish to have settled my plans as to a longer journey. I expect my brother, who has retired from military service, will be coming out to Italy next month; and I may be able to fall in with his route from Paris somewhere. Since I came home, I have found correspondence in arrear, to be discharged, friends visited &c, so that I have collected little, except just about this place. One excursion I made, 5 from his house, & 5 from the Bagni, meeting with horses & guides, at an intermediate point,to ascend the Bargiglio, a mountain commanding a very extensive view, & crowned with the ruins of an old tower, one of about 30 which were in communication, of yore, on the frontier between the Lucchese& Modenese. On the ascent of the hill, above the limit of the chesnut [sic], I met, for the first time among these hills, the elm, in any plenty, mixed with oaks &c. I saw little insect-life after the great heat; but in the chesnut [sic] woods, under fallen leaves, I got a very few grown specimens of the interesting new Neuropterous genus, apterous and allied to Campodea ambulans, but with the forceps of a Forpicula. Since the rains commenced, some of the Spring insects begin to happen, but on the whole I have seen very little variety of Diptera, and very few of any larger species. Among the minute Hymenoptera I have got a few things. You asked me if I had found no more than one sp. of Haltericerus. I have both impar & encerus; the latter one female, nearly ruined (with most other Diptera of any singularity) by mould ;- Dolichopidae are now nearly extinct & Hydromyzida continue very few.One pretty little Scatella I found, ( a single specimen) in the channel of the Serchio, distinguished by a thick black horny plate as a dilation of the costal vein in its humeral segment. Among the species of Oscinis & Siphonella I have found one which answers pretty well to the characters of Homalura, by the overhanging front, the colours also similar to W. tarsata, but the abdomen that of Oscenia, the puncturation too fine & the size too small, for that species. Still it is an approach. It seems, from what Schiner says Zool. Bot.Vier.Wien 1852 Dipt. Fragmente p. 2/3 that the Homalura is extant at Vienna (the Royal Museum): I presume, therefore, that it cannot be as you were inclined to conjecture, Gymnopa glaba. Pray keep for me, when we meet, or when parcels become transmissible,—authentic specimens of Gymnopa subsultans (or other sp.), and Phyllomyza securicornis. I cannot find here some of the common species of the Diptera of the North, which I want for comparison. I am in hopes of soon getting out here a very few of my entomological books, as at present I have no access to any useful library for collation. I shall then be able to determine whether (which, however, I do not much doubt,) I have not got quite a new genus of that well-worked family Curculionidae. As I have experienced on a former occasion the slowness of the post to I from [lost text]… its length or for the chance of hearing from you soon. Pray do not forget the books which should have reached you from London—Curtis Farm Insects and list of works on like subject in Mortons Cyclopedia of Agriculture. I have named them in writing to Williams & Norgate but could not tell them positively that they had never been delivered up to the time of my writing. I expect to hear from Bellardi again in a few days, and perhaps in the meantime, he may have had some communication with you. I was almost sorry to see such a fine collection of Diptera from the Philippine isles with him and to hear that he expected further consignments—lest these may turn him away from the nature Diptera which await his leisure to be deliberately examined & supplemented, as he has not collected the smaller Muscidae with equal diligence. At present in addition to his other usual occupations he is engaged on some geographical works in connection with the public school system. I hope sincerely you will be able to give a good account of your own health since your return home and that you will find leisure to write me an early programme for your movements for October. If I go to Vienna I shall of course wish to remain long enough for a deliberate survey of collections there. Believe me very truly yours. Alex H. Haliday.

I conclude that in the present critical struggle for constitutional rule, you will probably have your attention much engaged thereabout. I shall not wonder therefore if you do not find time for much correspondence on other subjects, which can wait their time. But I shall at all times be desirous to hear from you: and although I do not contemplate remaining here all the winter, a letter addressed to Lucca will be always in the right way to reach me. My brother’s departure from England is postponed for the present, I hope not for long: and when he goes to Florence, I intend joining him there. His principal object however is Rome, whither I do not think of going till towards Spring, and probably first to Naples,hoping subsequently to meet Dohrn & Stainton at Rome, and see some of the environs in company. It will go hard, I think, but we make some sort of incursion into the Campagna, before the Malaria of summer sets in. Hitherto, the weather here has been almost preternaturally mild, but also wet, great floods, I have been turned back by a broad & rapid river on the road to Lucca (2 miles), and obliged to go round above 8 miles, to reach the town. There are consequently apprehensions of a possible sudden change to frost, which would harm the olives, now bowed down with fruit. I have been rather surprised not once to to have met with the Dacus alcae, whose ravages are but too extensive in ordinary years, and which should be coming out of the pupa this month. Neither have I yet met with any Thrips attached to that tree, such as Passerini has indicated, without describing it, as having been a scourge to the province of Pietrasanta in former years. I have just received the 8th part of Dr Schiner’s Austrian Diptera. I had hoped (from his former communications), to have found in it a more original and remodelled arrangement of the Anthomyii; to which I once devoted some time & attention, but was diverted from pursuing the study by want of materials in my own collection. In his preface to the 1st volume (concluded), he names Winnertz as among his correspondents. Do you know if he continues to devote any attention to Diptera? His Monograph of Mycetophilidae, on which he was at work, when I visited him in 1855, has slept so long, that I doubted he had retired from the field. I wrote to him, a little while before I left London, but have not heard from him since, and in consequence have no intelligence through him either of Föster, who was always a slack correspondent, and who is now, I have heard, in worse health; so that I have little hope of hearing from himself; though I may be tempted to try another letter. I intend to reserve the best of my space for some desultory notes & questions about species.

On my return from an excursion to the Vergemoli and the marble cave of Corchia, I have found your letter of 13th awaiting me, which is a reproof to me for having been so long over this desultory epistle. I had not got my microscope (which had suffered by the dampness of the air here,—like my summer gatherings of Diptera)—into working order for making some examination, the result of which I wished to communicate in this letter;—and two families of friends, having been on a visit here, have occupied my time much of late. Now, I shall delay no longer, than to await a reply from Bellardi, to whom Iwrote after I got your letter, respecting the parcel despatched to Turin, as you mention, through Leipzig. His last hurried note conveyed the promise of an early and fuller communication. At present, he is probably occupied with the opening of the University session. I have heard no more of or from Rondani; since I wrote to him from Turin, on my way back from Monte Rosa. His 4th vol. is prefaced with a list of alterations of generic nomenclature, derived from a collation of Agassiz Nomenclator;—not all of them very happy etymologically,—and with some inconsistencies in the application of rules,—thus hedefends Acanthipodus“saltem senitu differt ab Acanthipodus Lacss., et quae similia sunt non sunt aequalia, et quae non aequalia non mutanda, alioquin fere totam nomenclaturam zoologicam renovare oportetet.” (but he erroneously makes Gymnopternus its synonym); and a few pages after, he rejects Hydrellia, for its likeness to Hydrelia Hübn. It is true that it is difficult to draw the line in such cases; or to keep to one measure & latitude. Of course, the peculiarly Italian and perverse interchange of L and Y, th and t, ch and c, occurs very often in this list of generic names. My visit to the really beautiful cave, of white statuary marble & Stalactites, in the Monte Corchia, was quite unproductive of insects, as well as of Chiroptera, which at other seasons of the year have been observed there. Professor Savi, who has explored these Alps, their geology and botany, very diligently, encouraged me, with the assurance of finding insects in the interior; but the very late period of the year, to which I had been forced to defer my visit, may sufficiently account for my failure, without the assumption that insect life is wanting, there, at a more favourable season. I found the most kindly welcome from the Cavre Simi, the proprietor of the Monte Corchia; and visited the cave, and points of interest in the neighbouring mountains, in the company of his second son Emilio; who has explored every mile of the Apinan Alps, and is the author of some detailed and interesting treatises on their history, geology, mining works, and Botany. I stayed two days at his summer residence at Levigliani, on the mountain; and left them with a pressing invitation to return in summer, & see more of the Alps, and their rich flora. I got a near view (about 1½ mile English) … [letter ends] ?

… distant to a natural phenomenon, which had before excited my curiosity much, in a more distant view, from the other side. i.e. from the summit of the Alps of Montefegatesi in the Tuscan Apennines. The summit of one of the bare & rugged mountains—3900 feet English—(“Monte Forato”, a spur of the “Petra Apuana”, now Pietra Parria) is pierced by a natural tunnel, in one view as symmetrically semicircular as any work of art, and which is estimated at between 150 and 180 feet in height, leaving a gigantic bridge for the mountain crest. I was discouraged from attempting to approach it nearer, at this season, by the rugged aspect of the mountain, and the account given me of the difficulty of the passage. This, I think, will be my last mountain walk for this year; and I was most fortunate in having such weather, a clear sky & transparent atmosphere, and sufficiently mild temperature, to afford a grateful glow in walking, except just on the mountain ridge. Scabiosa holosericea (new to me) was in flower abundantly on the mountains, with Dianthus monspessulanus, Helianthemum croceum &c: and lower down the Lemon-thyme, & Myrtles at once in flower & ripe berry. Here also, at Monte Bonelli, the Lavandula stoechas is clothing the rocky hills with a second growth of glaucous leaves, crowned (pretty extensively)by opening spikes of flowers. I find Chrysomela americana to be appropriated to this plant here, though H Burmeister  found it on Rosmarinus in Lombardy; on which plant I have not once taken it here,though I searched for it there frequently. On the Stoechas both the lava & perfect insect were common enough in the early summer, and have reappeared sparingly since the autumnal rains. Reverting to Rondani’s nomenclature, and to the rules promulgated by the Dresden Meeting of Entomologists, which I have not at hand to consult, let me ask if you are acquainted with a set of rules (few), and recommendations, framed by a committee of Zoologists appointed, for the purpose; by the Council of the British Scientific Association in the beginning of 1842, and presented at the (Manchester) Annual Meeting of the Association, in the Autumn of that year, and printed in the Annual Report. These at least were more deliberately considered; and promulgated with more show of authority than the Dresden Code. I intend sending them to Dohra, who was concerned with the adoption of that Code, if he is not acquainted with them already, in case he may think fit to republish them in the Stettin journal, translated, with or without commentary; and have procured a copy from London, for that purpose, which I would transcribe for you, if time & space allowed. I have quite satisfied myself that the apterous insect with theforceps of a Forficula, which I find here in the like situations with Embia Scorpio pisanus Rossi, Campodea ambulans, is closely allied to this last; though generically distinct; the two together constituting (if not a family, - at least) a marked section of the fam. Lepismidae, and forming a link with the Labidura strips of Neuroptera; as the typical section, with the abdominal segments all appendiculate, does with the “Pseudo-Neuroptera” (Perla &c).This is an interesting item to add to the evidence in favour of reducing that group (Thysanura) into subordination to the Neuroptera; which some Entomologists seem as yet unwilling to assent to. I have not yet heard from Kiesenwetter, whether my tentative new genus of Curculionidae will stand. Indeed I never can feel sanguine about insect specimens travelling safely by the Post in Italy. This alone prevents mesending back your brazen cylinder, enclosing a pair of Tachytrechus lucumo n. sp. (not very good specimens, I am sorry to say), and Chrysotus pennipes n.sp. I look forward with hope to meeting you next year; and may possibly meet some one, meantime, going to Leipzig, or Vienna, if you will indicate to me a safe depository for you in those places, (or in Paris, more available from this place.) Tachytrechus insignis appears to be Italian as well as Meridionale. Mr Dale sent me some time ago, photographs, done at a country town near his place, of insects mostly Diptera, many on one sheet. I could recognise most of the species, though I should not venture to pronounce one new, in most cases, on such evidence; but it seems that a good use of photography might be made, in this way, in respect to unique or rare specimens. Has the art been applied so with you? I think you intended to use it in the wings of the Tephritini. Do you remember my asking you once, about the distinction between the Calypteri & Acalypteri(Muscidae) resting on the continuity or discontinuity of the suture of the Mesonotum, (which I did not recollect to have been already seized by Meigen). I was surprized to observe, lately, an exception as to Micropeza, but have no materials to determine how far this extends to the cognate genera. Some of the groups which have most general similitude to Siphona, (I observe), partake of its character, obliteration, not interruption, of that suture. Parydra aquila (?) here never attains the largest size of British specimens; I have not the materials for comparison, especially fem;   that here = P. australis =   Nov 22nd The Pania  ,  Corchia  &c  are covered  with snow. I was fortunate in seizing the very nick of time for my visit. Yesterday, I swept the bushes in my afternoon walk, after a sharp frost. Besides the unfailing winter, Psychodae, Trichocerae, Chironomae, Mycetophilae, Crassisetae, Tephrites, Annophilae, Scatophagae, Culex, Anophales, Musca, Rhyphus,Asteja, Sciara, —occurred Syrphus balleatus, Melithreptus—, Helomyza tigrina, Chloropa—, Oscinis—, Anthmiidae—, Stomoxys, Pericoma, Scophila, Erioptera, Limniophila, Ceratopogon,Phoridae, Agromyza, Geomyza, Lauscania, Scatella and insects of all other orders; the Coleoptera limited to Halticidae & Protinus:- Lepidoptera to Agrotis, Phycite, - of Neuroptera onlyPsocus and Thysanura; various Hemiptera & Hymenoptera. I might doubtless have increased the list, if I had prolonged my walk, and searched in other situations. I have not the Linnaea, to determine thespecies of a Dilophus common here, for a month, after the autumn equinox; by the colour of female, analogous to the autumnal Bibio clavipes. Do you know the sp.? I had intended sending you resultsof microscopic observation on Arista of Anthomyza impar -, but cannot find it in any of my boxes; and having heard this morning, from Bellardi , I don't wish to defer longer the dispatch of my answer to your last.Your parcel had not come to his hands. When it reaches him, he will write direct to you. Believe me very sincerely yours Alex. H. Haliday Nov. 24 /6 2


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 used it so early as the second session of the eighth Congress. Speaking of that session, a reliable authority says: “During this session of Congress there was far less of free and independent discussion on the measures proposed by the friends of the administration than had been previously practiced in both branches of the national legislature. It appeared that on the most important subjects, the course adopted by the majority was the effect of caucus arrangement, or, in other words, had been previously agreed upon at meetings of the Democratic members held in private. Thus the legislation of Congress was constantly swayed by a party following feelings and pledges rather than according to sound reason or personal conviction.” The censure implied in this last sentence may have seemed righteous at the time when such caucus pledges were in disfavor as new-fangled shackles, but it would hardly be accepted as just by the intensely practical politicians of to-day. They would probably prefer to put it thus: That the silvern speech spent in caucus secures the golden silence maintained on the floor of Congress, making each party rich in concord and happy in coöperation.

The fact that makes this defense of the caucus not altogether conclusive is that it is shielded

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text:
Provincial Government Act, 1986/1988-04-15

as amended by

Constitutional Laws Amendment Act, No. 32 of 1987

Constitutional Laws Amendment Act, No. 43 of 1988

5. (1) The provinces of the Republic as they existed immediately prior to the commencement of this Act shall remain in existence: Provided that the State President may, after consultation with the administrator or administrators concerned, for the purposes of this Act, by proclamation in the Gazette―

(2) The State President shall, when acting in terms of subsection (1), take into account―

(3) Before the State President issues a proclamation under subsection (1) he shall cause to be published in the Gazette a draft of the proposed proclamation together with a notice calling upon all interested persons to lodge any objections and representations in writing within a period of 21 days from the date of publication of the notice with the Secretary to Parliament for submission to a joint committee of Parliament contemplated in section 64 of the Constitution Act. [Sub-s. (3) substituted by s. 11 of Act No. 43 of 1988.]

(4) A proclamation contemplated in subsection (1) shall be issued only on the advice of the joint committee contemplated in subsection (3). [Sub-s. (4) substituted by s. 11 of Act No. 43 of 1988.]

14. (1) The administrator of a province shall attend to provincial matters, including such matters―

(2) The administrator of a province may―

(3) In regard to all matters in respect of which the executive committee of a province has no powers, the administrator shall act on behalf of the State President when required to do so, and in connection with such matters the administrator may act without reference to the other members of the executive committee.

(4) Where any law empowers an administrator or an administrator acting in consultation with the other members of the executive committee concerned to determine any rate, scale, tariff, fee or charge for the purposes of any revenue accruing to, or expenditure from, a provincial revenue fund, such determination shall as from 1 April 1987 be made by the administrator acting in consultation with the Minister of Finance, irrespective of the provisions of any law purporting to exempt the administrator from such requirement regarding consultation with the Minister of Finance.

15. (1) The State President may by proclamation in the Gazette assign the administration of any provision in any law which entrusts to a Minister referred to in section 20 (b) or (c) of the Constitution Act any power, duty or function, to the administrator of any province― [Sub-s. (1) amended by s. 13 (a) of Act No. 43 of 1988.]

(1A) The State President may by proclamation in the Gazette assign the administration of any provision in any law which he has assigned to an administrator under subsection (1), to a Minister referred to in section 20 (b) or (c) of the Constitution Act, either generally or in so far as such provision relates to any matter or any category of persons mentioned in such assignment. [Sub-s. (1A) inserted by s. 13 (b) of Act No. 43 of 1988.]

(1B) A Minister referred to in section 21 (1) of the Constitution Act may, notwithstanding the provisions of any other law but subject to directives of the State President, in writing authorize the administrator of a province to exercise or perform in general or in a particular case or in cases of a particular nature, on behalf of the minister, any power, duty or function conferred or imposed on the Minister by or in terms of any law. [Sub-s. (1B) inserted by s. 13 (b) of Act No. 43 of 1988.]

(2) The administrator of a province may in writing authorize― to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function―

except the power to issue proclamations or make regulations. [Sub-s. (2) substituted by s. 13 (c) of Act No. 43 of 1988.]

(3) The said administrator may similarly authorize any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), or approved by him, and any such institution or body so authorized may, with the approval of the administrator concerned, further so authorize a committee of its members or any person in its employ. [Sub-s. (3) substituted by s. 13 (d) of Act No. 43 of 1988.]

(4) Whenever the administration of a law or a provision of a law referred to― the provisions of section 10 (5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis as if that administrator, the provincial administration concerned, and an officer of that administration, were a Minister of State, the department of State controlled by him, and an officer in the public service, respectively. [Sub-s. (4) added by s. 31 of Act No. 32 of 1987 and substituted by s. 13 (e) of Act No. 43 of 1988.]


text: Messages and Letters of William Henry Harrison/Proclamation Forbidding settling, hunting and surveying on Indian lands


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 from all responsibility by its sneaking privacy. It has great power without any balancing weight of accountability. Probably its debates would constitute interesting and instructive reading for the public, were they published; but they never get out except in rumors often rehearsed and as often amended. They are, one may take it for granted, much more candid and go much nearer the political heart of the questions discussed than anything that is ever said openly in Congress to the reporters’ gallery. They approach matters without masks and handle them without gloves. It might hurt, but it would enlighten us to hear them. As it is, however, there is unhappily no ground for denying their power to override sound reason and personal conviction. The caucus cannot always silence or subdue a large and influential minority of dissentients, but its whip seldom fails to reduce individual malcontents and mutineers into submission. There is no place in congressional jousts for the free lance. The man who disobeys his party caucus is understood to disavow his party allegiance altogether, and to assume that dangerous neutrality which is so apt to degenerate into mere caprice, and which is almost sure to destroy his influence by bringing him under the suspicion of being unreliable,—a suspicion always conclusively damning in practical life. Any individual, or any

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text: Category:Torture

title: Category:Torture


text:
Portal:Torture

Methods of torture

 * Mediæval Instruments of Torture, as it appeared in the April 1892 Popular Science Monthly

Verse

 * No Rack can torture me —, by Emily Dickinson

Modern references

 * Convention against Torture, ratified by the United Nations General Assembly on 10 December 1984; entry into force 26 June 1987
 * Torture Victim Protection Act of 1991, enacted by the United States Congress on March 12, 1992
 * FBI e-Mail concerning torture at Guantanamo Bay, 2003
 * Justice Department Memo on Torture, 2003 by John Yoo, American memo which concluded that neither American nor International Law could affect the President's "wartime authority" to allow the torture of combatants seized during the War on Terror
 * Translation of Detainee's Verbal Statement regarding Torture made by Abd Al Aziz Sayer Al Shammeri, ISN 217, on 28 Apr 05

Other

 * A Survival of Torture, as it appeared in the May 1897 Popular Science Monthly

title: Portal:Torture


text: Messages and Letters of William Henry Harrison/Proclamation Concerning the courts in Clark county


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 minority of weak numbers or small influence, who has the temerity to neglect the decisions of the caucus is sure, if the offense be often repeated, or even once committed upon an important issue, to be read out of the party, almost without chance of reinstatement. And every one knows that nothing can be accomplished in politics by mere disagreement. The only privilege such recalcitrants gain is the privilege of disagreement; they are forever shut out from the privilege of confidential coöperation. They have chosen the helplessness of a faction.

It must be admitted, however, that, unfortunate as the necessity is for the existence of such powers as those of the caucus, that necessity actually exists and cannot be neglected. Against the fatal action of so many elements of disintegration it would seem to be imperatively needful that some energetic element of cohesion should be provided. It is doubtful whether in any other nation, with a shorter inheritance of political instinct, parties could long successfully resist the centrifugal forces of the committee system with only the varying attraction of the caucus to detain them. The wonder is that, despite the forcible and unnatural divorcement of legislation and administration and the consequent distraction of legislation from all attention to anything like an intelligent planning and

title: Page:Congressional Government.djvu/354


text: Messages and Letters of William Henry Harrison/Harrison to the Secretary of War Complaints of the Indian chiefs of the Northwest territory


text:
Provincial Government Act, 1986/1991-05-22

as amended by

Constitutional Laws Amendment Act, No. 32 of 1987

Constitutional Laws Amendment Act, No. 43 of 1988

Provincial Matters Amendment Act, No. 59 of 1991

18. (1) The administrator of a province may, with the approval of the State President and after agreement or arrangement with― in accordance with the said agreement or arrangement, perform in the relevant state, province or territory, as the case may be, any function which he may perform in his province, and for the purpose of the performance of such function that state, province or territory shall be deemed to constitute part of his province.

(2) Any body established by law in a province, or any person designated by the administrator of the province, that may perform any function in respect of horse races or the horse racing industry in that province, may, with the consent of that administrator, granted with the approval of the State President, perform any such function in any other province in terms of an agreement or arrangement between the administrator of the former province and the administrator of the said other province, and for the purpose of the performance of such function the said other province shall be deemed to constitute part of the former province. [S. 18 amended by s. 3 of Act No. 59 of 1991.]


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 superintendence of policy, we are not cursed with as many factions as now almost hopelessly confuse French politics. That we have had, and continue to have, only two national parties of national importance or real power is fortunate rather than natural. Their names stand for a fact, but scarcely for a reason.

An intelligent observer of our politics has declared that there is in the United States “a class, including thousands and tens of thousands of the best men in the country, who think it possible to enjoy the fruits of good government without working for them.” Every one who has seen beyond the outside of our American life must recognize the truth of this; to explain it is to state the sum of all the most valid criticisms of congressional government. Public opinion has no easy vehicle for its judgments, no quick channels for its action. Nothing about the system is direct and simple. Authority is perplexingly subdivided and distributed, and responsibility has to be hunted down in out-of-the-way corners. So that the sum of the whole matter is that the means of working for the fruits of good government are not readily to be found. The average citizen may be excused for esteeming government at best but a haphazard affair, upon which his vote and all of his influence can

title: Page:Congressional Government.djvu/355


text:
The New International Encyclopædia/Hansch, Anton

HANSCH, hänsh, (1813-76). An Austrian painter, born in Vienna. He was a pupil of Mössmer at the Academy of Vienna, and afterwards traveled and studied in Germany, Belgium, Switzerland, and Italy. His works consist of landscapes remarkable for composition and careful detail. Notable pictures are: “Region Bordering on the Königsee” (1849); “The Jungfrau in Switzerland” (1853); “Under the Linden Trees on the Shore of Chiem Lake” (1858), all in the Vienna Museum; “The Lake of Constance,” “Firwood in the Salzkammergut” (Vienna Academy); “From the Wilderness of Styria,” “At Bernina Pass,” “After the Storm,” and “The Wetterhorn.”


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 have but little effect. How is his choice of a representative in Congress to affect the policy of the country as regards the questions in which he is most interested, if the man for whom he votes has no chance of getting on the Standing Committee which has virtual charge of those questions? How is it to make any difference who is chosen President? Has the President any very great authority in matters of vital policy? It seems almost a thing of despair to get any assurance that any vote he may cast will even in an infinitesimal degree affect the essential courses of administration. There are so many cooks mixing their ingredients in the national broth that it seems hopeless, this thing of changing one cook at a time.

The charm of our constitutional ideal has now been long enough wound up to enable sober men who do not believe in political witchcraft to judge what it has accomplished, and is likely still to accomplish, without further winding. The Constitution is not honored by blind worship. The more open-eyed we become, as a nation, to its defects, and the prompter we grow in applying with the unhesitating courage of conviction all thoroughly-tested or well-considered expedients necessary to make self-government among us a straightforward thing of

title: Page:Congressional Government.djvu/356


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 method, single, unstinted power, and clear responsibility, the nearer will we approach to the sound sense and practical genius of the great and honorable statesmen of 1787. And the first step towards emancipation from the timidity and false pride which have led us to seek to thrive despite the defects of our national system rather than seem to deny its perfection is a fearless criticism of that system. When we shall have examined all its parts without sentiment, and gauged all its functions by the standards of practical common sense, we shall have established anew our right to the claim of political sagacity; and it will remain only to act intelligently upon what our opened eyes have seen in order to prove again the justice of our claim to political genius.

title: Page:Congressional Government.djvu/357


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text: Provincial Government Act, 1986

title: Provincial Government Act, 1986