Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cap. v] THE GOVERNOR AND THE LAW 277 also during the continuance of martial law the Court refused in Rex v. Naude and others?! to set aside the arrest by the military of persons admitted to bail under Act No. 6 of 1900. In that case the Court recognized that as a rule it should not interfere with operations under martial law, but it asserted that later on it could freely criticize the actions of the military. The same doctrine was reasserted in ex parte Marais? when a clear intimation was given that the Court would, unless an act of indemnity was passed, examine the actions of the military authorities after the war, but would not interfere with them in the meantime. So in Reinecke v. Attorney-General ® the Court ordered the discharge of Reinecke from the custody of a civil jailer who detained him on military orders, on the ground that he had no right to do so, but declined to grant an order interdicting the military authorities from trying the man under military law. In ex parte Minnaar* they declined to order the military authorities to grant a permit to Minnaar to return to his farm. Acting on this principle, the Court declined to uphold a conviction for prison-breaking in Rex v. Link and Wenner? when the prisoner was merely confined by order of the military authorities, and a similar proposition was laid down in Rex v. Malan and Bruyns.® Moreover, in a series of cases, Rex v. van Reenen, Rex v. van Vuuren, and Rex v. van der Merwe,? the Court quashed convictions which purported to be convictions by magistrates as such for breaches of martial- law regulations. After the proclamation of peace a rule nisi was granted in ex parte Botha and others calling on the officer commanding the troops in the district to show cause why he should not be interdicted from selling confiscated property of certain British subjects whose goods had been ' (1902) 11 Sheil, 93. * 11 Sheil, 467. % 11 Sheil, 565. 4 11 Sheil, 217. (1903) 12 C. T. R. 144, ¢ 12 C. T. R. 259, * 12 C. T. R. 557. Nor is the defect removed by changing the record so as to show the conviction as purely a military one ; ibid., 710. ® 12 C. T. R. 902, " * 12 C. T. R. 805. Cf. Rex v. Walters, ibid., 805; Rex v. Kalp, ibid, 1008 : ex parte Gagiano, ibid., 969. 12 CT. R. 612.

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