TREASONABLE OFFENCES ORDINANCE, 1868

TREASONABLE OFFENCES ORDINANCE, 1868

No. 3 of 1868.
AnOrdinance to assirnilate 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 3, chapter 6, and all the
provisions of the last-mentioned Act in relation thereto, save
such of the same respectively as relate to the compassing,
imagining, inventing, devising, or intending death or destruc-
tion, or any bodily harm tending to death or destruction, maim
or wounding, imprisonment or restraint of the person of the
Heirs and Successors of His Majesty King George the Third,
and the expressing, tittering 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 Graciotis
Lord the King from the style, honour, or royql name of the
Grown of the United Kingdom or of any other of I-lis 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 measures or counsels,
oe 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,
utters or declares such compassings, imaginations, inventions,
devices, or intentions, or any of thern, by publishing any
printing or writing, or by open and advised speaking, or by any
overt act or deed, he shall be guilty of felony, and shall be liable
to imprisonment for life.

4. Provided always that no person shall be prosecuted for
any felony by virtue of this Ordinance in respect of such corn-
passings, imaginations, inventions, devices, or intentions as

* As amended by Law Rav. JOrd., 1937.





aforesaid, in. so far 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', tittered, or declared, is given upon oath to a justice
of the pehce 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 thal.
no person shall be convicted of any SUCII compassings.
imaginations, inventions, devices, or intentions as aforesaid, in
so far as the same are expressed, tittered, 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 oflender any number
of the matters, acts,' or deeds by which stich compassings.,
imaginations, inventions, devices, or intentions as aforesaid, or
any of them, have been expressed, tittered, or declared.

6. Provided always that nothing herein contained shall
lessen the force of or in any manner aflect anything enacted
hv the statuie 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 Ordinance amount in law to treason, such
indictment shall not, by 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 felonv;
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 degree is by this Ordinance
punishable.

(2) Eyery accessory after the fact to any s uch felony shall
be liable to imprisonment for any term not exceeding two
years.
[Originally No. 15 of 1868. Law Rev. Ord., 1937.] 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 com- menced, 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., 1937.] 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 com- menced, 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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