28th September, 1936 THE PALESTINE GAZETTE 989 intention; but such presumption may be rebutted by such person upon proof by h i m that he had no intention, i n publishing such words, of bringing about any such effect. (3) F o r the purposes of proving seditious intention it shall be lawful for the prosecution to prove that the defendant has published on other occasions words which are the same as those alleged to have a seditious intention or other words having a seditious intention provided that, i n the latter case, the words used expressly referred to the same matter as that to w h i c h the words alleged to have a seditious intention refer. (4) I t shall be no defence to a charge under the last preceding section that the words alleged to have a seditious intention are true. (5) I t shall be lawful for any person to endeavour i n good faith to show :— (a) that H i s Majesty or the Government of Palestine have been misled or mistaken i n any of their measures; or (b) that there are errors or defects i n the constitution or Government of Palestine as by l a w established or i n the administration of justice. 61. O n the trial of any person as principal for the publication by his agent of words alleged to have a seditious intention as defined i n section 60 of this Code, or defamatory matter as i n chapter X X hereinafter mentioned, such person shall be entitled to be discharged i f he proves that:— Evidence to rebut p r i m a facie case of publication by agent. ( a ) the publication was made without his authority, consent or knowledge; and ( b ) the publication did not arise from or caution on his p a r t ; and any want of due care (c) he did everything i n his power to assist i n ascertaining the identity of the persons responsible for writing and publishing respectively such words or matter. 62. —(1) A n y person who publishes or reproduces any statement, rumour or report w h i c h is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanour and is liable to imprisonment for three years. ; (2) It shall be no defence to a charge under the last sub-section that he did not know or did not have reason that the statement, rumour or report was false unless that the statement, rumour or report was false unless the accuracy of such statement, rumour or report. 63. Publication of false news with intent to cause fear and alarm to the public. preceding to believe he proves he proves A n y person who :— ( a ) administers, or is present at and consents to the administering of, any oath, or engagement i n the nature of an oath, purporting to bind the person who takes it to commit any offence punishable w i t h death; or (b) takes any such oath or engagement, not being compelled to do s o ; is guilty of a felony and is liable to imprisonment for life. Unlawful oaths to commit capital offences.