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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh be detained in a prison referred to in section 20 (1) (a) or (b) of the Prisons Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up.

(2) (a) Any person arrested in terms of the provisions of subsection (1) may at any time be released from detention, but shall at the expiration of a period of forty-eight hours as from the time of his arrest be released from detention unless a warrant for his further detention has in terms of the provisions of paragraph (b) been issued before the expiration of the said period: Provided that no such person shall on any particular occasion when he is being detained in terms of the provisions of this section be so detained for a period exceeding fourteen days as from the date of his arrest.

(b) Whenever a magistrate is of the opinion, on the ground of information submitted to him upon oath by a police officer, that the further detention of any person arrested in terms of subsection (1) is justified on the ground of a consideration contemplated in paragraph (a) or (b), as the case may be, of that subsection, he may on the application of the said police officer issue a warrant for the further detention of such person.

(c) An application referred to in paragraph (b) shall be heard behind closed doors.

(d) For the purposes of this section “magistrate” shall include an additional magistrate and an assistant magistrate.

(3) Any person being detained in terms of the provisions of this section shall be so detained in accordance with the provisions of the Prisons Act, 1959, which relate to unconvicted prisoners awaiting trial for an alleged offence.

(4) The Commissioner shall. as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of his name and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.

(5) A magistrate may at any time before the expiration of the period of fourteen days referred to in subsection (2) order the release of any person being detained in terms of the provisions of this section.

51. Nothing in this Chapter contained shall be construed as affecting or derogating from any right conferred or duty imposed upon any member of the police or any member of the public under any other statute or under the common law to assist in the dispersal of riotous gatherings or in the prevention and suppression of riotous and seditious acts.

52. So much of the common law as renders illegal any gathering of persons in the open air without the consent of the authorities shall cease to be in operation in the Republic.

53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession.


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1540.] and extradition of Reginald Pole; and now other persons, especially a pretender calling himself the White Rose, though with as little Plantagenet blood in him as was in Perkin Warbeck, were residing openly in Paris, circulating the libels against England with which the Catholic presses were teeming. The French Government, not unnaturally, declined to be bound by conditions regarding political offenders, into which they had entered while the contracting parties were alike in communion with Rome. Treason in an Englishman had become respectable; and a Catholic power could not consent to surrender to death or enforced apostasy men whose crime was fidelity to the Church. A formal demand for 'the White Rose' was evaded or refused. The English minister was pressing. Francis was loud and peremptory. The scene between Wyatt and the Emperor in the similar instance of Brancetor all but repeated itself.

A bad spirit simultaneously showed itself on the Marches at Calais and Guisnes. The defensive works at both these places had been largely increased in the three last years. Additions, since the discovery of Botolph's plot, had been made to the garrisons, while in the late summer as many as sixteen hundred men had been employed in cutting trenches and throwing up batteries. The French had stationed a force at Ardes to watch these proceedings, and extend their own defences in proportion; and the boundary line not being

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


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450 rigidly defined, and Calais being the sensitive point of difference between the two countries, there had been quarrels among the opposition gangs of labourers. Trenches which had been cut by one party were filled in by the other; Lord Maltravers, the English deputy, was fired on by an ambuscade; and although officially the Governments affected to regret the unruliness of their subjects, neither would yield anything of their supposed rights. Lord William Howard was sent to Paris to ascertain, if possible, the real feeling towards England, and at the same time to learn how matters stood between Francis and the Emperor. The Earl of Hertford went to Calais to arrange the disputes with a French commissioner, and with directions to hint that if treaties were systematically broken, 'if the French would omit to accomplish that whereunto they were bound, and sought daily to claim that whereunto they had no title, they might drive the King of England to seek and claim his right in some other things, and might hear that which should percase redound to their disadvantage.' The 'some other things' referred to an old debt which had arrived at dimensions not easy to deal with. A series of money transactions, dating back into the fifteenth century, and complicated further by the war of 1513, by the redemption money which Francis had engaged to pay for the restoration of Tournay, and other intricacies, had been adjusted and simplified in


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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

(2) A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1), only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.

(3) The Minister may from time to time by notice in the Gazette suspend the operation of subsections (1) and (2) in areas specified in the notice, or in areas other than areas so specified, and may by like notice withdraw or amend any such notice.

CHAPTER 6

54. (1) Any person who with intent to—

overthrow or endanger the State authority in the Republic;

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic;

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint; or

put in fear or demoralize the general public, a particular population group or the inhabitants of a particular area in the Republic, or to induce the said public or such population group or inhabitants to do or to abstain from doing any act,

in the Republic or elsewhere—

commits an act of violence or threatens or attempts to do so;

performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;

conspires with any other person to commit, bring about or perform any act or threat referred to in paragraph (i) or act referred to in paragraph (ii), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or threat,

shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.

(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (d), inclusive, of subsection (1)—

causes or promotes general dislocation or disorder at any place in the Republic, or attempts to do so;

cripples, prejudices or interrupts at any place in the Republic any industry or undertaking, or industries or undertakings generally, or the production, supply or distribution of commodities or foodstuffs, or attempts to do so;

interrupts, impedes or endangers at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service, or attempts to do so;

endangers, damages, destroys, renders useless or unserviceable or puts out of action at any place in the Republic any installation for the rendering or supply of


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1540.] the treaty of Moor Park. It was there agreed that France should pay to England two million crowns, at the rate of a hundred thousand crowns a year; that if Henry survived the completion of the payment, the annual hundred thousand crowns should be continued to him as a pension for his life; that, in addition, a perpetual pension should be paid to himself and his successors of fifty thousand crowns, with a further proportion of the salt duties. Eight hundred thousand crowns had been since added to the principal, in two sums of three and five hundred thousand crowns each, which Henry had advanced to redeem the French princes when in prison in Spain; and another half million had been advanced for the expenses of the Italian campaign of De Lautrec, in 1528. Whether any, or if any, how much, of these additional debts, would be claimed, or were likely to be recovered, was an unsettled question. The light-hearted Francis held vague notions of pecuniary obligations. The original payments were already far in arrear; and for the last six years no money had been forthcoming, nor mention or promise of money. Henry being anxious, for many reasons, to keep on good terms with Francis, had not pressed his claims; but the twenty years were approaching their term. The composition had originally been more than favourable to France; and in fairness to his own heavily-burdened subjects the King would be forced to demand an explanation.


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452 In so delicate a matter it was necessary to be cautious. The temper of the French Government was evidently uncertain. It appeared as if they were calculating on the known embarrassments of England; and a formal request for payment might be followed by repudiation, which it would be dishonourable to bear, and dangerous to resent. An opportunity must be taken when the improved relations with the Empire had assumed consistency, and Charles and Francis were on less amicable terms. The aspect of things had changed, but the change was recent. But a few months since the two Catholic princes had discussed an invasion of England, and Henry had attempted a combination to take Charles prisoner and deprive him of his Flemish provinces.

But the great powers were accustomed to varieties of attitude; and the insoluble Italian question remained still undigested. The English revolution had freed the Emperor from alarm of an Anglo-German confederacy; the retention of Milan was once more of greater importance than the friendship of Francis. He had held out hopes, it was true. He had used Milan as a bait, which Francis followed as often as it was thrown to him. Now, when he was pressed to convert his ambiguous promises into reality, he withdrew, much as he had done under similar circumstances five years before. In an interview with the Cardinal of Lorraine and with Montmorency, he said that he was so anxious to convert the truce into a peace, that he would do more than he had meant to do. He could not surrender a country


text: Talk:The Congo (Lindsay)

title: Talk:The Congo (Lindsay)


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1540.] which formed the connecting link between Spain, Italy, Germany, and the Low Countries; but he would make over in its place the province of Flanders. The offer might have tempted a prudent prince, and satisfied a reasonable one. On Francis the answer had its usual effect. 'He could take Flanders,' he said, 'at his pleasure.' He would have Milan or nothing.

The Emperor was of course prepared for the reply, and thus, it was at least likely, intended to drift towards England. Henry, on the other hand, knowing accurately how slight thanks he owed to either of his brother princes for his present tenure of his throne, was entitled and able to take advantage of their necessities, and to choose the alliance which suited best with English interests.

Nevertheless, both at home and abroad, his course was still intricate, his position critical. Abroad, he knew himself to be dealing with Governments which convenience might make his allies, but could never make his friends. At home, the virulence of the ultra-reactionaries, which the sacrifice of Cromwell had for the moment appeased, recommenced as soon as it was found that the King was constant to his general policy; that the Bible was still to have its course; that the clergy were not to be liberated from their chains. Conspicuous persons who had been intimate with the fallen minister, became the objects of secret accusations; and the opening of the new year


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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

any service referred to in paragraph (c), any prohibited place or any public building, or attempts to do so;

prevents or hampers, or deters any person from assisting in, the maintenance of law and order at any place in the Republic, or attempts to do so;

impedes or endangers at any place in the Republic the free movement of any traffic on land, at sea or in the air, or attempts to do so;

causes, encourages or foments feelings of hostility between different population groups or parts of population groups of the Republic, or attempts to do so;

destroys, pollutes or contaminates any water supply which is intended for public use in the Republic, or attempts to do so;

in the Republic or elsewhere performs any act or attempts, consents or takes any steps to perform any act which results in or could have resulted in or promotes or could have promoted the commission of any of the acts or the bringing about of any of the results contemplated in paragraphs (a) to (h), inclusive;

conspires with any other person to commit, bring about or perform any of the acts or results contemplated in paragraphs (a) to (h), inclusive, or any act contemplated in paragraph (i), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or result,

shall be guilty of the offence of subversion and liable on conviction—

to imprisonment for a period not exceeding twenty years; or

if the act with which the accused had been charged and by virtue of which he was convicted resulted in the commission of violence and the court is of the opinion that in performing the said act the accused should have foreseen the commission of such violence as a reasonable possibility, to imprisonment for a period not exceeding twenty-five years.

(3) Any person who with intent to—

endanger the safety, health or interests of the public at any place in the Republic;

destroy, pollute or contaminate any water supply in the Republic which is intended for public use;

interrupt, impede or endanger at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service;

endanger, damage, destroy, render useless or unserviceable or put out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building;

cripple, prejudice or interrupt at any place in the Republic any industry or undertaking or industries or undertakings generally or the production, supply or distribution of commodities or foodstuffs; or

impede or endanger at any place in the Republic the free movement of any traffic on land, at sea or in the air,


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454 was signalized by the arrest, on a charge of treason, of Sir John Wallop and Sir Thomas Wyatt. The accuser of Wyatt was Bonner, now Bishop of London; his supposed offences were slanderous expressions used against the King at Nice, and a correspondence at the same place with Pole. Wallop had been informed against by a friend of the Duke of Norfolk, Richard Pate, the present English minister in Flanders—a disguised Romanist, who soon after showed his true colours.

An instance of unrelenting severity on the part of the King will be presently related: if he was inflexible where guilt had been ascertained, he was cautious, and even considerate, where there was only suspicion. Wallop, who had been superseded as ambassador at Paris in favour of Lord William Howard, was designed for the honourable and dangerous office of commandant at Guisnes. He was still in France; and the King wrote to Howard telling him that certain charges had been laid before him against his predecessor, and the second appointment must therefore, for a time at least, be suspended. 'Nevertheless, considering his long services done unto us,' Henry continued, 'and the place and office which he hath lately occupied for us, we have resolved, that before he shall be committed to any ward or prison, or that any such publication of his accusations shall be made as shall redound to his infamy and slander, he shall be familiarly conveyed by Sir Richard Long to our house in Southwark, and there secretly examined, to the intent he may know what is objected against him, and make such answer as he can: and if he can


text: Appletons' Cyclopædia of American Biography/Jacobsen, Simon


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Rh co-extensive with the Colony. The distribution of churches and clergy in the Colony is at present (1877):

 * The Cathedral Church, Perth, the Right Rev. Dr. Griver, Bishop. The Very Rev. M. Gibney, Vicar General.
 * St. Patrick's Church, Fremantle, Rev. J. O'Reily and Rev. B. Delaney.
 * Guildford, Rev. J. Dooley.
 * York, (not finished) Rev. P. J. Gibney.
 * Newcastle, Rev. Canon Martelli.
 * Northam, (not finished) do. (monthly)
 * Irishtown, do. do.
 * Bunbury, Rev. H. Brady.
 * Dardanup, do. (periodically)
 * Vasse, do. do.
 * Geraldton, Very Rev. Archd. Lecaille.
 * Northampton, do. (periodically)
 * Greenough, do. do.
 * Albany, (not finished) Rev. F. Mateu, who also visits Kojonup.

The settlements in the Melbourne District, Victoria Plains, subject to the jurisdiction of the Bishop of Perth, are visited by the priests from the Benedictine Mission of New Norcia, and sometimes by the priests of the Diocese.

The religious orders are:—


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1541.] clear himself—whereof we would be very glad—then to be admitted to our presence, and so entertained as his accusation should not tend to his slander.' Wyatt was for some reason sent to the Tower; but he, too, like Sir John Wallop, was informed privately of the charges against him, and had an opportunity of sending in his explanations. In both instances the defence was accepted readily and warmly. After a few weeks' inconvenience, the late ambassador was at his post in command of the garrison at Guisnes, and Wyatt was indemnified for his brief imprisonment by the grant of an estate from the Crown. Justice was


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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh in the Republic or elsewhere—

commits any act;

attempts to commit such act;

conspires with any other person to commit such act or to bring about the commission thereof or to aid in the commission or the bringing about of the commission thereof; or

incites, instigates, commands. aids, advises, encourages or procures any other person to commit such act,

shall be guilty of the offence of sabotage and liable on conviction to imprisonment for a period not exceeding twenty years.

(4) Any person who has reason to suspect that any other person intends to commit or has committed any offence referred to in subsection (1), (2) or (3) and any person who is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence, and who—

harbours or conceals that other person;

directly or indirectly renders any assistance to that other person; or

fails to report or cause to be reported to any member of the police such presence of that other person at any place,

as the case may be, shall be guilty of an offence and liable on conviction to the penalty to which the person whom he so harboured or concealed or to whom he so rendered assistance or whose presence he so failed to report or to cause to be reported would have been liable on conviction of the offence which the last-mentioned person intended to commit or committed, as the case may be.

(5) No person shall be convicted of an offence in terms of subsection (1), (2) or (3) committed at any place outside the Republic, if such person proves that he is not a South African citizen and has not at any time before or after the commencement of this Act been resident in the Republic and that he has not at any time after 27 June 1962 entered or been in the Republic in contravention of any law.

(6) If the evidence in any prosecution for an offence in terms of—

subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4);

subsection (2) does not prove that offence but does prove an offence in terms of subsection (3) or (4),

the accused may be found guilty of the offence so proved.

(7) For the purposes of subsection (1) (ii), and without derogating from the generality of the meaning of the word “act”, the undergoing of specific training or the possession of any substance or thing shall be deemed also to constitute the performance of an act.

(8) For the purposes of this section— “Government of the Republic” includes a provincial administration or any institution or body contemplated in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);

“prohibited place” means a prohibited place as defined in section 1 (1) of the Official Secrets Act, 1956 (Act No. 16 of 1956);

“public building” means any building which or part of which is occupied by the State, any institution or body contemplated in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961, or any other body which has been instituted by or under any law and to which local or other governmental functions have been assigned.

55. Any person who advocates, advises, defends or encourages the achievement in the Republic of any of the objects of communism or performs any other act of whatever nature


text: Appletons' Cyclopædia of American Biography/Jacobson, Christian


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144

Untoward circumstances had nearly brought the mission work at New Norcia to a standstill, until the return of Bishop Salvado in 1853. In that year he built a chapel 40 feet by 17; three cottages for native families 24 feet by 15; a workshop; 50 acres of land was cleared, and 2,600 sheep placed on the run.

In 1854 a stone building was erected for a granary and cornmill.

In 1871 a cruciform chapel, 102 feet long by 20 wide; a pro-monastery 120 feet by 20, 3 stories high; two wooden dwelling houses 100 feet by 18 for native boys and girls; seven stone and brick cottages 30 feet by 17 with two rooms each, for married natives; work shops, and out-houses, and a stone cottage for the police, were built, with a barn and stable 100 feet by 20; 300 acres of land had been cleared, 200 of which were under cultivation, yielding 3,000 bushels of wheat and barley, and 15 tons of hay; 3 acres were planted with vines, from which 200 gallons of good wine was made; there was a large and productive garden, and about 1 ton of tobacco was produced. The number of aborigines was 50.


text: Appletons' Cyclopædia of American Biography/Jacobson, John Christian


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GOVERNMENT GAZETTE, 9 JUNE 1982

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to further the achievement thereof in the Republic, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding ten years.

56. (1) Any person who—

contravenes any provision of section 13 (1) (a);

prints, publishes or disseminates any periodical publication or disseminates any other publication in contravention of a notice under section 5 (1);

without the consent of the Minister, is in possession of any publication published or disseminated by or under the direction or guidance or on behalf of an unlawful organization;

while his name appears on the consolidated list or while any prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force, changes his place of residence or employment and fails forthwith to give notice thereof in person to an officer in charge of a police station;

while his name so appears or while any such prohibition is in force, when called upon by a peace officer as defined in the Criminal Procedure Act, 1977 (Act No. 51 of 1977), to furnish him with his full name and address, fails to do so or furnishes a false or incorrect name and address;

fails to comply with a notice addressed and delivered or tendered to him under section 21;

knowingly permits any premises or any other property whatsoever, situated in the Republic, to be used for the purposes of or in connection with any offence in terms of section 57 (1) or paragraph (a) or (b) of this subsection;

without the consent of the Minister, is in possession of any periodical or other publication which is subject to a prohibition imposed under section 5 (1);

fails to comply with any requirement of a notice in terms of section 18 (1);

in contravention of a notice delivered or tendered to him in terms of section 20 (a) or (b) attends any gathering;

subject to the provisions of section 24, contravenes or fails to comply with any notice delivered or tendered to him in terms of section 19 (1);

subject to the provisions of section 24, contravenes or fails to comply with any notice delivered or tendered to him in terms of section 19 (2) (i);

subject to the provisions of section 24, contravenes or fails to comply with any notice delivered or tendered to him in terms of section 19 (2) (ii);

in contravention of a notice delivered or tendered to him in terms of section 20 (e) attends any gathering;

in contravention of a notice under section 22 is or becomes an office-bearer or officer or a member of, or makes or receives any contribution of any kind for the direct or indirect benefit of, or participates in any manner in any activity of, any organization;

without the consent of the Minister or except for the purposes of any proceedings in a court of law, records or reproduces by mechanical or other means or prints, publishes or disseminates any speech, utterance, writing or statement or any extract from or recording or reproduction of any speech, utterance, writing or statement made or produced or purporting to have been made or produced anywhere at any time by any person—

who has been prohibited under section 20 from attending any gathering;

in respect of whom the provisions of this paragraph apply by virtue of a notice issued under section 23 (1); or


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GOVERNMENT GAZETTE, 9 JUNE 1982

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whose name appears on the consolidated list;

while being incapable in terms of section 33 (2) of being elected a member of the House of Assembly or of a provincial council, accepts nomination for election as such a member;

refuses or fails to answer to the best of his knowledge any question which an authorized officer or a liquidator has put to him in the exercise of his powers in terms of this Act;

refuses or fails to comply to the best of his ability with any requirement or direction of an authorized officer or a liquidator in terms of this Act;

hinders an authorized officer or a liquidator in the performance of his functions in terms of this Act or, without the consent of the liquidator of an unlawful organization, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

contravenes the provisions of section 6 (4),

shall, subject to the provisions of subsections (2) and (3), be guilty of an offence and liable on conviction—

in the case of an offence referred to in paragraph (a), (b), (d), (e) or (f), to imprisonment for a period not exceeding ten years;

in the case of an offence referred to in paragraph (c), (g), (h), (i), (j), (k), (o), (p) or (q), to imprisonment for a period not exceeding three years;

in the case of an offence referred to in paragraph (l), (m) or (n), to imprisonment for a period not exceeding one year and on a second or subsequent conviction to imprisonment for a period not exceeding two years;

in the case of an offence referred to in paragraph (r), (s), (t) or (u), to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year. or to both such fine and such imprisonment.

(2) No person shall be convicted of an offence referred to in subsection (1) (c) or (h) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer.

(3) No person shall be convicted of an offence referred to in paragraph (p) of subsection (1) by virtue of the provisions of subparagraph (i) or (ii) of the said paragraph unless the name of the person in connection with whose speech, utterance, writing or statement the offence is alleged to have been committed, appeared at the time of the alleged offence on a list referred to in section 27 (3) or, in a case where the name of the said person has not yet been entered in such list. unless particulars of the relevant prohibition or of the relevant declaration had at that time been published in the Gazette in accordance with the provisions of section 27 (2) or by way of a notice contemplated in section 23 (1), as the case may be.

(4) The provisions of subsection (1) (p) shall not prohibit any university established or incorporated by an Act of Parliament, or any other institution designated by the Minister from time to time by notice in the Gazette, from keeping, subject to the provisions of regulations made under subsection (5), any publication containing or consisting of any speech, utterance, writing or statement referred to in subsection (1) (p), or any extract from


text: Appletons' Cyclopædia of American Biography/Jacobus, Melanchthon Williams


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or reproduction of any such speech, utterance, writing or statement, in a library under its control for the purposes of bona fide study or research in that library by members of the staff of such institution or of the teaching staff of a university referred to in this subsection, or by persons registered as post-graduate students at such university.

(5) The Minister may make regulations relating to the place in a library referred to in subsection (4) where and the manner in which publications referred to in the said subsection shall be kept, the control to be exercised over such publications and the supervision to be exercised over the use thereof for the purposes referred to in subsection (4),

57. (1) Any person who after the prohibition under section 46 (1) (i) or (3) of a gathering—

convenes it or encourages, promotes or by means of threats causes the attendance thereof, or presides thereat or addresses it;

prints, publishes, distributes or in any manner circulates a notice convening it, or advertises it or in any other manner makes it known; or

attends it,

shall be guilty of an offence unless, if the prohibition has not been published in the Gazette, he satisfies the court that he had no knowledge of the prohibition, and liable on conviction—

in the case of an offence referred to in paragraph (a), to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years, and on a second or subsequent conviction to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years;

in the case of an offence referred to in paragraph (b) or (c), to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months.

(2) Any person who—

holds any gathering in a manner contrary to any condition contained in a direction issued under section 46 (1) (ii);

attends any gathering so held in contravention of any such condition; or

attends any gathering to which such direction relates, where such attendance constitutes a contravention of any such condition,

shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years.

(3) For the purposes of subsection (1) a person shall be deemed to have convened a gathering—

if he has caused a written notice to be published or distributed, inviting the public or any section of the public to assemble at a specified time and place;

if he has himself or through another person orally invited the public or any section of the public so to assemble; or

if he has taken an active part in making arrangements for the publication or distribution of such notice, or in organizing or making preparations for such gathering.

(4) Any person who, without the permission of the police on duty, enters or remains in any place or area closed or made inaccessible under section 47, while it is closed or inaccessible, shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred and fifty rand or to imprisonment for a period not exceeding three months.

(5) Any person who refuses or fails forthwith to obey an order given under section 48 (1) by a police officer referred to in that


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section shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year.

58. Whenever any person is convicted of an offence which is proved to have been committed by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, the court convicting him may, notwithstanding anything to the contrary contained in any law, sentence him to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.

59. Any person who—

in any manner whatsoever advises, encourages, incites, commands, aids or procures any other person or persons in general; or

uses any language or does any act or thing calculated to cause any person or persons in general,

to commit an offence by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

60. (1) Any person who solicits, accepts or receives from any person or body of persons, whether within or outside the Republic, or who offers or gives to any person or body of persons any money or other article for the purpose of—

assisting any campaign (conducted by means of any unlawful act or omission or the threat of such act or omission or by means which include or necessitate such act or omission or such threat) against any law, or against the application or administration of any law; or

enabling or assisting any person to commit any offence by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law; or

unlawfully assisting any person who has committed any offence referred to in paragraph (b),

shall be guilty of an offence and liable on conviction to the penalties prescribed in section 59.

(2) The court convicting any person for receiving or accepting any money or other article for any purpose referred to in subsection (1) shall, in addition to any penalty which it may lawfully impose, declare that money or that article forfeit to the State if such money or article is found in the possession or under the control of the person convicted, or declare so much of that money or article as was found in possession or under the control of the said person to be so forfeit,

61. (1) Whenever an offender has been sentenced in terms of section 58, 59 or 60 to pay a fine, the court which passed the sentence shall, unless the fine has been paid within forty-eight hours of its having become payable, and unless the court is satisfied that the offender does not possess any movable or immovable property, issue a warrant addressed to the sheriff or messenger of the court authorizing him to levy the amount of that fine as well as the costs and expenses of the said warrant and of the attachment and sale thereunder. by attachment and sale of any


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Rh The Community of New Norcia Mission, West Australia, September, 1877, consisted of:—

—The Wesleyan communion in Western Australia had its commencement from the arrival of the barque "Tranby," which arrived in Gage's Roads on the 3rd February, 1830, with members of the families of Hardeys of Barrow, in Lincolnshire, and the Clarksons of Holme House, in the East Riding of Yorkshire, who brought with them servants and farm laborers, and farming stock and implements. Other immigrants accompanied them. The Peninsula farm was at that time a Government reserve; but Governor Stirling, desiring to have a number of practical farmers located near the capital, made a grant of the reserve to the passengers of the "Tranby," to be divided among themselves in due proportions. Of this the Hardeys and Clarksons had the largest share, being allowed to claim on account of those whose passage they had paid for. A committee was appointed, and under its direction the land was surveyed by Mr. G. Johnson and allotted.


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146 The late Mr. Joseph Hardey was an accredited local preacher of the Wesleyan denomination in England, and on his arrival conducted the first Wesleyan service held in the Colony, at Fremantle. At the Peninsula a regular Sabbath service was maintained; Perth and Guildford were occasionally visited. Mr. Hardey conducted the first public Wesleyan service in Perth, in the open air under a mahogany tree. The father of Messrs. Clarkson, also a local preacher, came out about two years after them, and at that time a regular prayer meeting was established in Perth. Subsequently a room was erected and set apart for religious services, and to be used as a Sunday school, Mr. J. Inkpen having given a portion of his allotment for the purpose; and this formed the nucleus of the present Wesleyan trust property in Perth. On application being made to the Wesleyan Missionary Society, the Rev. John Smithies was sent out, who arrived in 1840. In 1841 another chapel was erected, and the first was then occupied as a schoolroom. A chapel had also been built at Fremantle—there was also a congregation assembling at York—the Sunday schools at Perth and Fremantle were flourishing. In 1852 Mr. Smithies was succeeded by the Rev. W. Lowe.

The present Wesley Church, Perth, was built in 1869-70, at a cost of over £5,000, including the organ. In York, Geraldton, and Albany, ministers are now stationed and chapels built; Perth and York have each a manse, and one is soon to be erected at Albany.

The statistics of the Wesleyan community, according to returns for 1877, are:—Ministers 4; local preachers, 5; churches and chapels, 10; manses, 2; sabbath schools, 8; scholars, 625; teachers, 69.


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movable property belonging to the offender, regardless of whether the sentence directs that in default of payment of the fine the offender shall undergo imprisonment.

(2) If the proceeds of the sale of the movable property of the offender are insufficient to satisfy the amount of the fine and the cost and expenses aforesaid, the court shall issue a warrant for the levy of the amount unpaid against the immovable property of the offender.

62. Any person who utters words or performs any other act with intent to cause, encourage or foment feelings of hostility between different population groups or parts of population groups of the Republic, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years. or to both such fine and such imprisonment.

63. (1) The court convicting any person of an offence referred to in section 56 (1) (g) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section.

(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.

CHAPTER 7

64. No prosecution for an offence referred to in section 54 shall be instituted without the written authority of the attorney-general.

65. Any application for a direction referred to in section 153 (1) or (2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, if the criminal proceedings in connection with which that application is made is a prosecution for an offence referred to in section 54, be heard behind closed doors.

66. (1) Notwithstanding anything to the contrary in any law or the common law contained, no person shall be compelled and no person shall be permitted or ordered to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947), as to any fact, matter or thing or as to any communication made to or by such person, and no book or document shall be produced in any such proceedings, if an affidavit purporting to have been signed by the Minister responsible in respect of such fact, matter, thing, communication, book or document, or, in the case of a provincial administration. the Administrator concerned, is produced to the court of law, body, institution or commission concerned, to the effect that the said Minister or Administrator, as the case may be, has personally considered the said fact, matter, thing, communication, book or document, that, in his opinion, it affects the security of the State and that disclosure thereof will, in his opinion, prejudicially affect the security of the State.

(2) The provisions of subsection (1) shall not derogate from the provisions of any law or of the common law which do not compel or permit any person to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947, as to any fact, matter or thing or as to any communication made to


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Rh The church members and communicants are in number 147, but the total number of attendants is estimated at 1,870.

The cost of church property held by the Wesleyan body in the Colony is estimated as:—

The Perth Wesleyan Native Mission was established in 1841 by the Rev. John Smithies; in it native children of both sexes were received, clothed, boarded, and taught to read and write; the girls were well instructed in various household duties; the boys were taught gardening and farming. The institution was placed under the superintendence of Mr. F. F. Armstrong, Native Interpreter, who had about 100 children under his care; of those a large number learned to read and write; all were quick in receiving instruction; their memories were so good as often to surprise their teachers, and they sang sweetly; five hours of each week day were devoted to religious and secular teaching. Children were received at an early age, and when old enough were sent out to service in various parts of Perth, returning each day to school. All admitted were children of aborigines.

A serious mortality prevailed among the children, and the school having been removed to Wanneroo as the more suitable locality, it continued, to the great discouragement of the promoters. The native parents, in consequence, refused to give up any more of their children as they said "to death"; medical men were of


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148 opinion that this was caused by the European habits of life in which they were educated.

The school was afterwards removed to York, and shortly after discontinued, after it had lasted fourteen years, and a sum of more than £12,000 had been expended upon it,—a large portion of which was contributed by the Wesleyan Missionary Society in London.

—The Congregationalists have three churches in Western Australia, viz.:—Perth, Fremantle, and Bunbury.

The church now worshipping in Trinity Chapel, Perth, was formed in the year 1847: its present officers are the Rev. Thomas G. Rose, Pastor, and Messrs. H. Trigg and E. Saw, Deacons. It embraces in its membership the Paedo-Baptist, and Baptist Congregationalists, and also Presbyterians. Baptism is administered to children and adults by sprinkling, and to the latter by immersion, on personal profession of faith in the Lord Jesus Christ, if desired. Members and communicants of other churches are cordially welcomed to the communion of the Lord's Supper, which is celebrated the first Sunday of every month.

There is a Sunday school in connection with the church, and also Bible classes both for young men and young women.

The services of the church are:—On Sunday morning at 11 o'clock; Evening at 7 o'clock; Thursday evening, lecture in winter at 7 o'clock, in summer at 7·30.

In accordance with Congregational principles, all the expenses connected with the maintenance of public worship, and the support of the various institutions of


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Rh the church, are entirely thrown upon the freewill offerings of the people. The revenue of the church is derived from pew rents, and the weekly offertory, and occasion, collections.

Within the last thirteen years, a new chapel, a spacious schoolroom, and a commodious manse have been built at a cost of over £4,000. The chapel will hold three hundred, and there are two hundred children in the Sunday school.

In the year 1852 a meeting, consisting of six persons, was held in a private house at Fremantle, to promote the establishment of an Independent or Congregational Society in that town. The Rev. Jos. Leonard and Mr. H. Trigg, of Perth, were requested to apply to the Congregational Missionary Society for a minister; and subscriptions having been obtained, the first stone of a chapel was laid September 7th, 1852. The building was not, however, completed until June 1854, but the Rev. J. Johnston, formerly a missionary at Tahiti, who was sent by the Society, arrived in June 1853, and commenced Divine Service in his own house, and reestablished a Sunday school.

In 1857 the chapel was found to be too small for the congregation, and was accordingly enlarged.

In 1862 a manse was erected for the minister's residence; the cost of the chapel and manse was £1,300. As the congregation was composed of members of various religious denominations, the practice of open communion was observed until 1869, when it was deemed desirable to form the communicants into a church on the Congregational model; a basis of union was adopted by twenty-six members, and Mr. G. B. Humble was chosen Deacon.


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or by such person, or to produce any book or document, in connection with any matter other than a matter affecting the security of the State.

67. Notwithstanding anything to the contrary in any law or the common law contained, whenever two or more persons are in any indictment, summons or charge alleged to have committed—

whether jointly or severally, offences in terms of section 54;

at the same time and place or at the same place and at approximately the same time, offences under this Act; or

at the same time and place or at the same place and at approximately the same time, similar offences by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law,

such persons may be tried jointly for such offences on that indictment, summons or charge.

68. (1) Notwithstanding anything to the contrary in any law or the common law contained—

any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at the place where it actually was committed and also at any place where the accused happens to be, and any attorney-general in the Republic shall have jurisdiction in respect of such offence committed outside the area of jurisdiction of that attorney-general, as if it had been committed within such area of jurisdiction;

the trial of any person accused of having committed any offence in terms of section 54 may, subject to the provisions of this section, be held at any time and at any place within the area of jurisdiction of the court concerned.

(2) If the Minister of Justice so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the said Minister may determine.

(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister of Justice, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial.

(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.

69. (1) If in any prosecution in terms of this Act, or in any civil proceedings arising from the application of any provision of this Act, in which it is alleged that any person is or was a member or an active supporter of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any of its purposes, or has distributed or assisted in the distribution of or caused to be distributed any periodical or other publication or document issued by, on behalf of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member or an active supporter, as the case may be, of that organization.


text: Appletons' Cyclopædia of American Biography/Jacoby, Ludwig Sigismund


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Page:Scientific Memoirs, Vol. 1 (1837).djvu/620

the great interest which the late discoveries of Faraday in the field of electro-magnetism must awaken in all the natural philosophers of Europe, it is to be expected that we shall soon receive many and various explanations of the momentary action of an electric current on an electrical conductor; and as it is allowed according to Ampère to reduce the action of a magnet entirely to that of circular electric currents, the same may be expected with respect to the action of the magnet upon such a conductor. Up to the present moment we here in the north are only acquainted with the papers of Becquerel, Ampère, Nobili, and Antinori and Pohl; and as none of these authors have occupied themselves with that branch of the subject to which I have directed my particular attention, I hasten to make known as quickly as possible the following contribution to the science of magneto-electrism.

After having repeated Faraday's chief experiments, I first proposed to myself to find out in what manner the phænomena of the magnetic action on a spiral suddenly approached or removed might be produced in the easiest and most powerful manner. For this purpose I had to determine what influence
 * 1. The number of coils,
 * 2. The breadth of the coils,
 * 3. The thickness of the wire,
 * 4. The substance of the coils,

of the electromotive spirals (i. e. of those which are acted upon by the magnet) had upon the pæhnomenon; and this determination, together with the necessary consequences following from it, are contained in this present memoir.


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(2) If in any prosecution for an offence in terms of section 56 (1) (d) it is proved that the accused has changed his place of residence or employment, he shall be deemed to have failed to give notice thereof as required by the said section, unless the contrary is proved.

(3) If in any prosecution for an offence in terms of section 56 (1) (k) it is proved that the accused communicated with a person whose name appears on the consolidated list or in respect of whom any prohibition under this Act is in force, and that the name of that person corresponds substantially to a name which appears on the consolidated list as published in terms of section 16 (6) in the Gazette, or in particulars which have been published in the Gazette in terms of section 27 (2), it shall be presumed that the accused, when he communicated with that person, knew that the name of that person appeared on the consolidated list or that a prohibition under this Act was in force in respect of that person, as the case may be, unless the contrary is proved.

(4) In any prosecution for an offence in terms of this Act or in any civil proceedings arising from the application of the provisions of this Act, any document, book, record, pamphlet or other publication or written instrument—

which has been found in or removed from the possession, custody or control of the accused or any party to the proceedings or of any person who was at any time before or after the commencement of this Act an office-bearer or officer or a member or an active supporter of an organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter;

which has been found in or removed from any office or other premises occupied or used at any time before or after the commencement of this Act by any organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter, or by any person in his capacity as an office-bearer or officer of such organization; or

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of any organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter, or by or on behalf of any person having a name corresponding substantially to that of the accused or the said party,

and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused or the said party to the proceedings, as the case may be, as prima facie proof of the contents thereof.

(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (d), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.

(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent


text:
Author:Tarek Mehanna

Works

 * Sentencing Statement, delivered in Federal Court, April 2012

title: Author:Tarek Mehanna


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150 In 1875 the chapel being found too small, the foundation stone of a new building was laid on Christmas Day, and it was opened for service on Sunday, July 22nd, 1877. It is of gothic design, and accommodates four hundred persons on the ground, and is sufficiently lofty to admit of galleries being built when needed; it has been designated the "Johnston Memorial Church." The total cost of the building was £1,600.

The number of families in this congregation is at the present time 70—of children in the Sunday school 260, with a staff of 26 teachers. Divine Service is held on Sundays at 11 a.m., and 7 p.m.; Thursday evenings at 7·30 p.m.

A young mens' Mutual Improvement Society holds its meetings every Wednesday evening, and a similar society for young women every Monday evening.

At Australind about thirty years ago a small Congregational Society was formed by some who had been in the habit of meeting for religious worship in the house of the late Mr. John Allnutt; and a cottage was purchased and converted into a chapel, where Divine Service was held every Sunday morning by Mr. Allnutt, and a Sunday school established. Having been invited to hold Divine Service at Bunbury, the workshop of Mr. Gibbs was used for that purpose. At length a chapel was erected, and a church in accordance with Congregational principles was formed in Bunbury, of which Mr. Allnutt was acting pastor whilst he lived. After his death the Colonial Missionary Society sent out the Rev. Andrew Buchanan, during whose pastorate of eight years, the chapel at Bunbury was enlarged, and a manse built for the minister's residence; a small chapel was erected at Busselton, and anothier at Quindalup.


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to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(b) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged consists thereof, and it is proved, that he unlawfully had in his possession any firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).

(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.

(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged.

(9) A certificate purporting to have been signed by the Director, to the effect that a name specified therein appears on the consolidated list, shall, if such name corresponds substantially to that of an accused in any prosecution under this Act or to that of any party to any civil proceedings under or arising from the application of the provisions of this Act, on its mere production in such prosecution or civil proceedings, be prima facie proof of the fact that the name of such accused or of such party, as the case may be, appears on the consolidated list.

CHAPTER 8

70. (1) Without derogating from the provisions of section 4 (1), 5 (1), 18 (1), 19 (1) or (2) (b), 20 or 28 (1), the Minister may, before deciding to—


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Rh declare any organization to be an unlawful organization in terms of the said section 4 (1);

prohibit the printing, publication or dissemination of any periodical or other publication in terms of the said section 5 (1);

impose a particular prohibition upon any person in terms of the said section 18 (1), 19 (1) or (2) (b) or 20; or

cause any person to be detained in terms of the said section 28 (1),

as the case may be—

warn such organization to refrain from specified activities;

warn such publication to refrain from specified actions or the propagation of specified views; or

warn a person referred to in paragraph (c) or (d) to refrain from engaging in specified activities or from any specified action,

as the case may be.

(2) Any warning referred to in subsection (1) shall be administered to the organization, publication or person concerned either by means of a written notice signed by the Minister and addressed to the organization, publication or person concerned and served upon an office-bearer of the organization, the proprietor or publisher of the publication or the person concerned, as the case may be, or, on the instructions of the Minister, by the Director or a magistrate.

71. (1) Any postal article containing or suspected to contain any money or other article intended for any of the purposes referred to in section 60 (1) may be detained by the Postmaster-General and forwarded to the Commissioner for disposal as hereinafter provided.

(2) The Commissioner may open for examination any postal article received by him in pursuance of the provisions of subsection (1).

(3) If a postal article opened in terms of subsection (2) contains any money or other article which the Commissioner has reason to believe is intended for any of the purposes referred to in section 60 (1), he shall forward it to the Minister for disposal as hereinafter provided.

(4) The Minister may, if he has reason to believe that the money or other article contained in a postal article forwarded to him in terms of subsection (3) is intended for any of the purposes referred to in section 60 (1), cause that money or other article to be seized and shall cause the sender thereof, if his name and address are known, and the person to whom the postal article is addressed, to be informed forthwith of the seizure and of the reasons therefor.

(5) Any money or other article seized in terms of subsection (4) shall be forfeited to the State unless the sender or the person to whom it was addressed, within ninety days of the seizure satisfies the Minister that the said money or other article was not intended for any of the purposes referred to in section 60 (1).

(6) Any postal article detained under subsection (1) and not dealt with as provided in subsection (3), (4) or (5), shall be forwarded without delay to the person to whom it is addressed.

(7) For the purposes of this section “postal article” means a postal article as defined in section 1 of the Post Office Act, 1958 (Act No. 44 of 1958).

72. Whenever—

any action has been taken under section 4 (1) or (2), 5 (1), 18 (1), 19 (1) or (2), 20 or 28 (1);

any gathering has been prohibited under the provisions of section 46 (1) (i) or (3) or a direction in connection


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with the holding of any gathering has been issued under the provisions of section 46 (1) (ii); or

a police officer has under the provisions of section 48 (1) ordered the persons attending a gathering to disperse; or

the Minister has rejected any recommendation made to him by an advisory committee or board of review and after the Chief Justice has reviewed the matter, where applicable,

the Minister shall report the circumstances to the House of Assembly within fourteen days after the date of the action, prohibition, direction or order in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.

73. (1) Subject to the provisions of subsections (2) and (3), the laws specified in Schedule 1 are hereby repealed to the extent set out in the third column of that Schedule.

(2) Any regulation, notice, order, prohibition, authority, permission, information or document which has been made, issued, imposed, given, granted or furnished and any other thing which has been done in terms of the provisions of any law repealed by subsection (1) or of any law repealed by a law so repealed, and which could be made, issued, imposed, given, granted, furnished or done in terms of the provisions of this Act, shall be deemed to have been made, issued, imposed, given, granted, furnished or done in terms of the last-mentioned provisions: Provided that the provisions of section 43 shall not apply in relation to any person in respect of whom, on the date immediately preceding the date of commencement of this Act, any restriction or prohibition is in force by virtue of a notice delivered or tendered to him in terms of the provisions of any law so repealed. or any person who, on the date first mentioned in this proviso, is in detention by virtue of such a notice: Provided further that at the expiration of a period of twelve months after the date of commencement of this Act all notices referred to in the immediately preceding proviso shall be deemed to be withdrawn.

(3) Anything which has been done by the State President or the Minister of Justice in terms of the provisions of any law repealed by subsection (1) and which could be done by the Minister of Law and Order in terms of the provisions of this Act, shall be deemed to have been done by the Minister of Law and Order in terms of the last-mentioned provisions.

74. This Act shall be called the Internal Security Act, 1982, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.


text: Dictionary of National Biography, 1885-1900/Leveson-Gower, Granville (1721-1803)


text: Appletons' Cyclopædia of American Biography/Jacome, Diego


text: Dictionary of National Biography, 1885-1900/Leveson-Gower, Granville (1773-1846)


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Sedition.

Any other common law offence, the circumstances pertaining to the commission of which in the opinion of the Minister relate to or are connected with activities which endangered or could have endangered the security of the State or the maintenance of law and order.

Any offence referred to in section 54, 55 or 56 of this Act.

Any offence referred to in section 11 (a), (b), (b)bis, (b)ter, (c), (d), (d)bis or (d)ter of the Internal Security Act, 1950 (Act No. 44 of 1950), or that Act as applied by any other law.

Any offence referred to in section 21 of the General Law Amendment Act, 1962 (Act No. 76 of 1962).

Any offence referred to in section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967).

Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.

Treason.


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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

Sedition.

Contravention of the provisions of section 13 (1) (a) (iv) of this Act.

Any offence referred to in section 54 or 55 of this Act.

Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.

Treason.

 * 1) The African National Congress, also known as the ANC, including Umkhonto we Sizwe.
 * 2) The Pan African Congress, also known as the PAC or Poqo.
 * 3) The South African Communist Party, also known as the Communist Party of South Africa or SACP.


text: Handbook of Western Australia/Part 5

title: Handbook of Western Australia/Part 5


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Page:Dictionary of National Biography volume 36.djvu/291

Martin  Martin died on 30 Dec. 1855 at Froxfield, and was buried in Eversholt churchyard. His wife died in 1836, and of six children three survived him. His eldest son, John Edward Martin, sub-librarian and afterwards librarian to the Inner Temple, died on 20 July 1893, aged 71 (Times, 26 July 1893).

In 1834 Martin published, as the result of years of labour and research, a ‘Bibliographical Catalogue of Books privately printed,’ 2nd edit., 8vo, 1854. The first edition contains an account of private presses and book clubs which Martin did not insert in the second edition, but at the time of his death he was preparing a separate volume, which was to contain this portion of the first edition with additions. He wrote also a ‘History and Description of Woburn and its Abbey; a new edition,’ 12mo, Woburn, 1845. At the request of Lord John Russell he compiled an ‘Enquiry into the authority for a statement in Echard's History of England regarding William, lord Russell,’ which was printed for private circulation in 1852, and published in 1856. It refuted the assertion that Lord Russell interfered to prevent the mitigation of the barbarous part of the punishment for high treason in the case of Viscount Stafford, upon the presentation of the petition of Sheriffs Bethel and Cornish to the House of Commons on 23 Dec. 1680. Martin likewise furnished some notes to Lord John Russell's edition of Rachel lady Russell's ‘Letters,’ 1853; and in 1855 he published a translation of Guizot's essay on the ‘Married Life of Rachel, Lady Russell.’ He left unfinished an edition of the ‘Letters of the Earl of Chatham to his Nephew.’ He was both F.S.A. and F.L.S.

 MARTIN, JOHN, M.D. (1789–1869), meteorologist, born in 1789, practised for some years as a physician in the city of London, and died at Lisbon on 8 July 1869. He was editor of a work which has always been held in high estimation, entitled 'An Account of the Natives of the Tonga Islands, in the South Pacific Ocean, with an original Grammar and Vocabulary of their Language. Compiled and arranged from the extensive communications of Mr. William Mariner, several years resident in those Islands,' 2 vols. 8vo, London, 1817; 2nd edit. 1818; also reprinted as vol. xiii. of 'Constable's Miscellany.' A French translation appeared at Paris in November 1817. Mariner had been detained in friendly captivity from 1805 to 1810, and his narrative was generally corroborated by a sailor named Jeremiah Higgins, who had lived in Tonga for nearly three years previously. In 1827 Mariner was employed in the office of a London stockbroker, and he was drowned in the Thames some years previous to 1871.

The 'Athenæum' notices Martin's meteorological investigations as follows: 'In our own pages we have had occasion to record his labours during the last twenty years in the observation of atmospherical phenomena, especially with reference to pressure, temperature, and moisture. Martin laid down meteorological charts representing the varying aspects of months, seasons, and years from daily observation. He also made careful observation with reference to ozone, as well as on the characteristics and circumstances affecting cholera and yellow fever. These labours are the more commendable as the work of an old man, executed in different colours with scrupulous neatness, and mostly at night after the fatigue of practice.'  MARTIN, JOHN (1812–1875), Irish nationalist, born at Loughorne, in the parish of Donoughmore, co. Down, on 8 Sept. 1812, was the second child of Samuel Martin by Jane Harshaw his wife. Like his parents, he was a presbyterian through life. He was educated at Dr. Henderson's school at Newry, where he first made the acquaintance of his lifelong friend, John Mitchel [q. v.l, and subsequently at Trinity College, Dublin, where he graduated B.A. in the summer of 1834. He commenced the study of medicine, but abandoned it before taking a medical degree. On the death of his uncle John Martin in 1835 he inherited a small property at Loughorne, where he resided for the next few years. In 1839 he travelled in America, and in 1841 visited the continent. Martin became a member of the Repeal Association, and vainly counselled a regular publication of accounts. He joined the secession of the Young Ireland party, and was expelled from the Repeal Association, being refused a hearing in Conciliation Hall. He subsequently took a prominent part in the meetings of the Irish Confederation, and became a contributor to Mitchel's 'United Irishman.' Three weeks after the arrest of Mitchel and the seizure of his paper Martin reoccupied his friend's offices, and on 24 June 1848 issued from them 'The Irish Felon, successor to the "United Irishman,"' with the avowed purpose of promoting the same principles which had


text:
Sentencing Statement of Tarek Mehanna

In the name of God, the most gracious, the most merciful:

Exactly four years ago this month I was finishing my work shift at a local hospital. As I was walking to my car I was approached by two federal agents. They said that I had a choice to make: I could do things the easy way, or I could do them the hard way.

The easy way, as they explained, was that I would become an informant for the government, and if I did so I would never see the inside of a courtroom or a prison cell.

As for the hard way, this is it. Here I am, having spent the majority of the four years since then in a solitary cell the size of a small closet, in which I am locked down for 23 hours each day. The FBI and these prosecutors worked very hard - and the government spent millions of tax dollars – to put me in that cell, keep me there, put me on trial, and finally to have me stand here before you today to be sentenced to even more time in a cell.

In the weeks leading up to this moment, many people have offered suggestions as to what I should say to you. Some said I should plead for mercy in hopes of a light sentence, while others suggested I would be hit hard either way. But what I want to do is just talk about myself for a few minutes.

When I refused to become an informant, the government responded by charging me with the crime of supporting the Mujahideen fighting the occupation of Muslim countries around the world. Or as they like to call them: terrorists. I wasn't born in a Muslim country, though. I was born and raised right here in America and this angers many people. How is it that I can be an American and believe the things I believe, take the positions I take? Everything a man is exposed to in his environment becomes an ingredient that shapes his outlook, and I'm no different. So, in more ways than one, it's because of America that I am who I am.

When I was six, I began putting together a massive collection of comic books. Batman implanted a concept in my mind, introduced me to a paradigm as to how the world is set up: that there are oppressors, there are the oppressed, and there are those who step up to defend the oppressed. This resonated with me so much that throughout the rest of my childhood, I gravitated towards any book that reflected that paradigm – Uncle Tom's Cabin, The Autobiography of Malcolm X, and I even saw an ethical dimension to The Catcher in the Rye.

By the time I began high school and took a real history class, I was learning just how real that paradigm is in the world. I learned about the Native Americans and what befell them at the hands of European settlers. I learned about how the descendants of those European settlers were in turn oppressed under the tyranny of King George III.

I read about Paul Revere, Tom Paine, and how Americans began an armed insurgency against British forces – an insurgency we now celebrate as the American Revolutionary War. As a kid I even went on school field trips just blocks away from where we sit now.

I learned about Harriet Tubman, Nat Turner, John Brown, and the fight against slavery in this country. I learned about Emma Goldman, Eugene Debs, and the struggles of the labor unions, working class, and poor.

I learned about Anne Frank, the Nazis, and how they persecuted minorities and imprisoned dissidents.

I learned about Rosa Parks, Malcolm X, Martin Luther King, and the civil rights struggle.

I learned about Ho Chi Minh, and how the Vietnamese fought for decades to liberate themselves from one invader after another. I learned about Nelson Mandela and the fight against apartheid in South Africa.

Everything I learned in those years confirmed what I was beginning to learn when I was six: that throughout history, there has been a constant struggle between the oppressed and their oppressors. With each struggle I learned about, I found myself consistently siding with the oppressed, and consistently respecting those who stepped up to defend them - regardless of nationality, regardless of religion. And I never threw my class notes away. As I stand here speaking, they are in a neat pile in my bedroom closet at home.

From all the historical figures I learned about, one stood out above the rest. I was impressed by many things about Malcolm X, but above all, I was fascinated by the idea of transformation, his transformation. I don't know if you've seen the movie X by Spike Lee. It's over three and a half hours long, and the Malcolm at the beginning is different from the Malcolm at the end. He starts off as an illiterate criminal, but ends up a husband, a father, a protective and eloquent leader for his people, a disciplined Muslim performing the Hajj in Mecca, and finally, a martyr. Malcolm's life taught me that Islam is not something inherited. It's not a culture or ethnicity. It's a way of life, a state of mind anyone can choose no matter where they come from or how they were raised.

This led me to look deeper into Islam, and I was hooked. I was just a teenager, but Islam answered the question that the greatest scientific minds were clueless about, the question that drives the rich and famous to depression and suicide from being unable to answer: what is the purpose of life? Why do we exist in this Universe? But it also answered the question of how we're supposed to exist. And since there's no hierarchy or priesthood, I could directly and immediately begin digging into the texts of the Quran and the teachings of the Prophet Muhammad, to begin the journey of understanding what this was all about, the implications of Islam for me as a human being, as an individual, for the people around me, for the world.

And the more I learned, the more I valued Islam like a piece of gold. This was when I was a teen, but even today, despite the pressures of the last few years, I stand here before you, and everyone else in this courtroom, as a very proud Muslim.

With that, my attention turned to what was happening to other Muslims in different parts of the world. And everywhere I looked, I saw the powers that be trying to destroy what I loved. I learned what the Soviets had done to the Muslims of Afghanistan. I learned what the Serbs had done to the Muslims of Bosnia. I learned what the Russians were doing to the Muslims of Chechnya. I learned what Israel had done in Lebanon – and what it continues to do in Palestine – with the full backing of the United States. And I learned what America itself was doing to Muslims. I learned about the Gulf War, and the depleted uranium bombs that killed thousands and caused cancer rates to skyrocket across Iraq.

I learned about the American-led sanctions that prevented food, medicine, and medical equipment from entering Iraq, and how – according to the United Nations – over half a million children perished as a result. I remember a clip from a 60 Minutes interview of Madeline Albright where she expressed her view that these dead children were "worth it." I watched on September 11th as a group of people felt driven to hijack airplanes and fly them into buildings from their outrage at the deaths of these children. I watched as America then attacked and invaded Iraq directly. I saw the effects of Shock and Awe in the opening day of the invasion – the children in hospital wards with shrapnel from American missiles sticking out of their foreheads. Of course, none of this was shown on CNN.

I learned about the town of Haditha, where 24 Muslims – including a 76-year old man in a wheelchair, women, and even toddlers – were shot up and blown up in their bedclothes as they slept by US Marines.

I learned about Abeer al-Janabi, a fourteen-year old Iraqi girl gang-raped by five American soldiers, who then shot her and her family in the head, then set fire to their corpses. I just want to point out, as you can see, Muslim women don't even show their hair to unrelated men. So try to imagine this young girl from a conservative village with her dress torn off, being sexually assaulted by not one, not two, not three, not four, but five soldiers.

Even today, as I sit in my jail cell, I read about the drone strikes which continue to kill Muslims daily in places like Pakistan, Somalia, and Yemen. Just last month, we all heard about the seventeen Afghan Muslims – mostly mothers and their kids – shot to death by an American soldier, who also set fire to their corpses.

These are just the stories that make it to the headlines, but one of the first concepts I learned in Islam is that of loyalty, of brotherhood – that each Muslim woman is my sister, each man is my brother, and together, we are one large body who must protect each other. In other words, I couldn't see these things being done to my brothers and sisters – including by America – and remain neutral. My sympathy for the oppressed continued, but was now more personal, as was my respect for those defending them.

I mentioned Paul Revere – when he went on his midnight ride, it was for the purpose of warning the people that the British were marching to Lexington to arrest Sam Adams and John Hancock, then on to Concord to confiscate the weapons stored there by the Minutemen. By the time they got to Concord, they found the Minutemen waiting for them, weapons in hand. They fired at the British, fought them, and beat them. From that battle came the American Revolution. There's an Arabic word to describe what those Minutemen did that day. That word is Jihad, and this is what my trial was about.

All those videos and translations and childish bickering over Oh, he translated this paragraph and Oh, he edited that sentence, and all those exhibits revolved around a single issue: Muslims who were defending themselves against American soldiers doing to them exactly what the British did to America. It was made crystal clear at trial that I never, ever plotted to kill Americans at shopping malls or whatever the story was. The government's own witnesses contradicted this claim, and we put expert after expert up on that stand, who spent hours dissecting my every written word, who explained my beliefs. Further, when I was free, the government sent an undercover agent to prod me into one of their little terror plots, but I refused to participate. Mysteriously, however, the jury never heard this.

So, this trial was not about my position on Muslims killing American civilians. It was about my position on Americans killing Muslim civilians, which is that Muslims should defend their lands from foreign invaders – Soviets, Americans, or Martians. This is what I believe. It's what I've always believed, and what I will always believe. This is not terrorism, and it's not extremism. It's what the arrows on that seal above your head represent: defense of the homeland. So, I disagree with my lawyers when they say that you don't have to agree with my beliefs – no. Anyone with common sense and humanity has no choice but to agree with me. If someone breaks into your home to rob you and harm your family, logic dictates that you do whatever it takes to expel that invader from your home.

But when that home is a Muslim land, and that invader is the U.S. military, for some reason the standards suddenly change. Common sense is renamed terrorism and the people defending themselves against those who come to kill them from across the ocean become the terrorists who are killing Americans. The mentality that America was victimized with when British soldiers walked these streets two and a half centuries ago is the same mentality Muslims are victimized by as American soldiers walk their streets today. It's the mentality of colonialism.

When Sergeant Bales shot those Afghans to death last month, all of the focus in the media was on him - his life, his stress, his PTSD, the mortgage on his home - as if he was the victim. Very little sympathy was expressed for the people he actually killed, as if they're not real, they're not humans. Unfortunately, this mentality trickles down to everyone in society, whether or not they realize it.

Even with my lawyers, it took nearly two years of discussing, explaining, and clarifying before they were finally able to think outside the box and at least ostensibly accept the logic in what I was saying. Two years! If it took that long for people so intelligent, whose job it is to defend me, to deprogram themselves, then to throw me in front of a randomly selected jury under the premise that they're my impartial peers. I mean, come on. I wasn't tried before a jury of my peers because with the mentality gripping America today, I have no peers. Counting on this fact, the government prosecuted me – not because they needed to, but simply because they could.

I learned one more thing in history class: America has historically supported the most unjust policies against its minorities – practices that were even protected by the law – only to look back later and ask: what were we thinking? Slavery, Jim Crow, the internment of the Japanese during World War II – each was widely accepted by American society, each was defended by the Supreme Court.

But as time passed and America changed, both people and courts looked back and asked What were we thinking? Nelson Mandela was considered a terrorist by the South African government, and given a life sentence. But time passed, the world changed, they realized how oppressive their policies were, that it was not he who was the terrorist, and they released him from prison. He even became president. So, everything is subjective - even this whole business of terrorism and who is a terrorist. It all depends on the time and place and who the superpower happens to be at the moment.

In your eyes, I'm a terrorist, and it's perfectly reasonable that I be standing here in an orange jumpsuit. But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the U.S. military in foreign countries, yet somehow I'm the one going to prison for conspiring to kill and maim in those countries – because I support the Mujaheddin defending those people. They will look back on how the government spent millions of dollars to imprison me as a terrorist, yet if we were to somehow bring Abeer al-Janabi back to life in the moment she was being gang-raped by your soldiers, to put her on that witness stand and ask her who the terrorists are, she sure wouldn't be pointing at me.

The government says that I was obsessed with violence, obsessed with killing Americans. But, as a Muslim living in these times, I can think of a lie no more ironic.

title: Sentencing Statement of Tarek Mehanna


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Martin been advocated in his friend's paper. A warrant for his arrest was issued, and on 8 July Martin, having kept out of the way until the adjournment of the commission which had been sitting in Dublin, surrendered himself to the police. While in Newgate he wrote the letter which appeared, signed with his initials, in the fifth and last number of the ' Irish Felon' ('22 July 1848),and in which he exhorted the people to keep their arms in spite of the proclamation, and declared that the work of overthrowing the English dominion in Ireland i must be done at any risk, at any cost, at any sacrifice.' On 14 Aug. he was indicted, under 11 and 12 Vict. c. 12, for treason-felony, before Lord-chief-baron Pigot and Baron Pennefather, at the commission court in Green Street, Dublin. He was defended by Isaac Butt, Q.C., Sir Colman O'Loghlen, Holmes, and O'Hagan. After a trial which lasted three days Martin was found guilty, but was at the same time recommended to mercy by the jury 'in consequence of the particular letter upon which he was convicted being written in prison.' On 19 Aug. he was sentenced by the lord chief baron to transportation beyond the seas for ten years. A writ of error was subsequently brought in the queen's bench, Dublin, but without success. Martin arrived at Van Diemen's Land in November 1849, and resided in the district assigned to him until 1854, when a pardon, on condition of his not returning to Great Britain or Ireland, was granted him. He settled in Paris in October 1854, and in June 1856 received an unconditional pardon. In 1858 he returned to Ireland to reside, and in January 1804 established with The O'Donoghue the short-lived 'National League,' the object of which was to obtain the legislative independence of Ireland. He took a prominent part in the funeral procession through Dublin in honour of the ' Manchester Martyrs ' on 8 Dec. 1867, and delivered an address to an enormous crowd outside Glasnevin cemetery. For his share in these proceedings he was prosecuted by the government in February 1868, before Mr. Justice Fitzgerald and Mr. Baron Deasy, but owing to the disagreement of the jury any further attempt to obtain a conviction against him was abandoned. While on a visit to America in December 1869, Martin was put forward as a candidate in the nationalist interest at a by-election for co. Longford. The priests had, however, already pledged themselves to support the Hon. K. J. M. Greville Nugent, the liberal candidate, and Martin was defeated by 1,578 to 411 votes. In May 1 870 Martin joined the 'Home Government Association for Ireland,' and at a by-election for co. Meath in January 1871 he was returned to parliament as a home ruler by a majority of 456 votes over his conservative opponent, the Hon. G. J. Plunket. He spoke for the first time in the House of Commons in May 1871 during the debate on the second readingof the Protection of Lifeand Property (Ireland) Bill, when he declared that he did not ' intend to vote upon this bill nor indeed upon any other measure which the parliament may think proper to pass in respect to the government 'of his country, and contended that it was' the inalienable right of the Irish people to be a free people, and as a free people to be bound only by laws made by the queen and a free parliament of that kingdom' (Parl. Debates, 3rd ser. ccvi. 908-14, 1039-45). He renewed his protest against the bill on the motion for going into committee, and replied with great spirit to Mr. Gladstone's allusions to his 'antiquated' opinions (ib. pp. 1342-6). On 8 Aug. 1872 he took part in the debate on Mr. Justice Keogh's judgment in the Gal way election petition, when he attempted unsuccessfully to read through the whole of his speech, which he had previously written out at length (ib. ccxiii. 810-1 8). He was again returned for Meath at the general election in February 1874. In July and August 1874 he warmly opposed the passing of the Expiring Laws Continuance Bill, which he described as an attempt of the government 'to sandwich three Coercion Bills bet ween thirty other measures' (ib. ccxxi. 735-6, 1006-7, 1010, 1014, 1020). On 18 Feb. 1875 he defended his friend Mitchel from the charge of having broken his parole (ib. ccxxii. 518-19), and on the 26th of the same month moved for the papers relating to his friend's trial in 1848 (ib. pp. 964-72). He spoke for the last time in the House of Commons on 12 March 1875 (ib. pp. 1726-7). He died on 29 March 1875 aored 63, at Dromalane House, near Newry (the residence of Mr. Hill Irvine), from an attack of bronchitis caught while attending the funeral of John Mitchel, and was buried at Donoughmore on 1 April following.

Martin was a sturdy and uncompromising politician, with a keen sense of honour and much simplicity of character. His popularity in Ireland was great, and he was known throughout the country as i Honest John Martin.' He married, at Roslyn Hill Chapel, Hampstead, in November 1868, Henrietta, the daughter of the Rev. John Mitchel, presbyterian minister at Newry, and sister of his friend John Mitchel. Shortly before his death he resigned the post of paid for that of honorary secretary to the Home Rule League. He was succeeded in the represen-