TREASONABLE OFFENCES ORDINANCE, 1868

TREASONABLE OFFENCES ORDINANCE, 1868

No. 2 of 1868, repealed by No. 20 of 1923.

No. 3 of 1868.

An Ordinance to assimilate the law of this Colony respecting
treasonable offences to the law of the United Kingdom.
[21st November, 1868.]

1. This Ordinance may be cited as the Treasonable
Offences Ordinance, 1868.

2. The provisions of the Act 36 George 3, chapter 7, made
perpetual by the Act 57 George 13), chapter 6, and all the
provisions of the last-mentioned Act in relation thereto, save
such of the same respectively its relate to the compassing,
imaginingng, inventing, devising, or intending death or
destruction, or any bodily harm tending to death or desttuc-
tion, maim or wounding, imprisonment, or restraint of the
person of the Heirs and Successors of His Majesty King
George the Third, and the expressing, uttering or declaring
of such compassings, imaginations, inventions, devices, or
intentions, or any of them, shall cease to be in force in this
Colony.

3. If any person whosoever, compasses, imagines, invents,
devises, or intends to deprive or depose our Most Gracious
Lord the King from the style, honour, or royal name of the
Crown of the United Kingdom or of any other of His
Majesty's dominions or countries, or to levy war against His
Majesty within any part of the United Kingdom, in order by
force or constraint to compel him to change his meansures or
counsels, or in order to put any force or constraint upon, or
to intimidate or overawe, both Houses or either House of
Parliament, or in order, to move or stir any foreigner or
stranger with force to invade the United Kingdom or any
other His Majesty's dominions or countries under the
obeisance of His Majesty and expresses such compassings,
imaginations, inventions, devices, or intentions or any of
them, with of declares them by publishing any printing or
writing, or by open hnd advised speaking, or by a any overt
act o deed, he shall be guilty of felony, and shall be liable
to imprisonment for life.:

*As arnendedly Law Rev. Ord., 1923.





4. Provided alWays that no person shall be prosecuted for
any felony by virtue of this Ordinance in respect of such
compassings, imaginations, inventions, devices, or intentions
as aforesaid, in so fat as the same are expressed, uttered, or
declared by open and advised speaking only, unless informa-
tion of such compassings, imaginations, inventions, devices,
and intentions and of, the words by which the same were
expressed, uttered, or declared, is given upon oath to a
justice of the peace, within six days after such words have
been spoken, and unless a warrant for the apprehension of
the person by whom such words have been spoken is issued
within ten days after such information has been given as
aforesaid, and that no person shall be convicted of any such
compassings, imaginations, inventioins, devices, or intentions
as aforesaid, in so far as the same are expressed, uttered, or
declared by open or advised speaking as aforesaid, except on
his own confession in open court or unless the words so
spoken are proved by two credible witnesses.

5. In an indictment for any felony under this Ordinance,
it shall be lawful to charge against the offender any number
of the matters, acts or, deeds by which such compassings,
imaginations, inventions, devices, or intentions as, aforesaid,
or any of them, have been expressed, uttered, or declared.

6. Provided always that nothing herein contained shall
lessen the force of or in any manner affect anything enacted
by the statute passed in the twenty-fifth year of King Edward
the Third, entitled A Declaration which Offences shall be
adjudged Treason.

7. If the facts or matters alleged in an indictment for any
felony under this Ordinailee amount in law to treason, such
indictment shall not, reason thereof, be deemed void,
erroneous, or defective; and if, the facts or matters, proved
at the trial of any person charged with any felony under this
Ordinance amount in law to treason, such person shall not,
by reason thereof, be entitled to be acquitted of such felony;
but no person tried for such felony shall be afterwards
prosecuted for treason upon the same facts.

8.-(1) In the case of every felony punishable under this
Ordinance, every principal in the second degree and every
accessory before the fact shall be punishable in the same

manner as the principal in the first degiree is by this
Ordinance punishable.

(2) Every accessory after the fact to any such felony shall
be liable to imprisonment for any term not exceeding two
years.
[Originally No. 15 of 1868. Law Rev. Ord., 1924.] Short title. Repeal of 36 Geo. 3, c. 7 and 57 Geo. 3, c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict.c. 12, s. 1. Compassing to deprive the King of the honour or name of Crown of United Kingdom. 11 & 12 Vict.c. 12, s. 3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict.c. 12, s. 4. Charging of more than one overt act in indictment. 11 & 12 Vict.c. 12, s. 5. Saving as to 25 Edw. 3, St. 5, c. 2. 11 & 12 Vict.c. 12, s.6. Case of offence proved being other than offence charged, etc. 11 & 12 Vict.c. 12, s. 7. Punishment of accessories. 11 & 12 Vict.c. 12, s. 8.

[Originally No. 15 of 1868. Law Rev. Ord., 1924.] Short title. Repeal of 36 Geo. 3, c. 7 and 57 Geo. 3, c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict.c. 12, s. 1. Compassing to deprive the King of the honour or name of Crown of United Kingdom. 11 & 12 Vict.c. 12, s. 3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict.c. 12, s. 4. Charging of more than one overt act in indictment. 11 & 12 Vict.c. 12, s. 5. Saving as to 25 Edw. 3, St. 5, c. 2. 11 & 12 Vict.c. 12, s.6. Case of offence proved being other than offence charged, etc. 11 & 12 Vict.c. 12, s. 7. Punishment of accessories. 11 & 12 Vict.c. 12, s. 8.

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