TREASONABLE OFFENCES ORDINANCE

TREASONABLE OFFENCES ORDINANCE

Treasonable Offences.

No. 15 of 1888.

An Ordinance to assimilate the Laws of this Colony respecting
Treasonable Offences to the Law of the United Kingdom.

[21st November, 1868.]

WHEREAS it is expedient to assimilate the law of this Colony
respecting treasonable offences to the law of the United Kingdom:.

be it enacted by His Excellency the Governor of F3onghona, with the
advice of the Legislative Council thereof, as follows:-
ORDINANCE No., 1'5 °ot? 1868.

Treasonable Offences.

o 1. Ordinance No. 13 of 1868 is hereby repealed except .so far as the
same repeals Ordinance No. 8 of 1868. -

2. From and after the passing and coming into operation of this
Ordinance the provisions of an Act of the Imperial Parliament passed in
the thirty-sixth, year of the reign of King George the third, chapter
seven, made perpetual by an Act of the Imperial Parliament of the fifty-
seventh year of the. same reign, chapter six, 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, devisirin, or,
intending
death.or destruction, 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 said Majesty King George the third,, and the ex-
pressing, uttering or declaring of such compassin gs, imaginations; inven-
tions, devices, or intentions, or. any of .them, shall cease to be of
force in
this Colony.

3. If any person whatsoever after the passing and coming into opera.
Lion of this Ordinance shall, within this Colony, compass, imagine,
invent,
devise, or intend to-deprive or depose our 'Most. Gracious Lady the:
(Queen, Her Heirs or Successors from the styli; honei, or; royal -n a tne
of
the Imperial Crown'of the.UnitedKinndozn' or of any other ofHer )fajesty'
,-
dominions or. countries, or to levy warsgainst~ Her-Majest ; Her- Heirs
°or
Successors within any part of the United Kingdoii in order,

by . force' or.
constraint -tb compel Her or Them to ebane Her or -Their lxitasures or
counsels or in order, to put any force or constraint upon, or in order`.
to
intimidate or overawe both Houses for either House of the Imperial Parlia-
ment, or to move or stir any foreigner . or, straner with forceJ6 invade
the United Kinadom, or any.other- Her Majesty's- dotninions or countries
under the -.obeisance . of Her Majesty, Her: Heirs ~'or Successors, and
such
compass mgs,_ imaginations, inventions,- Aevices;-br intentions, or any of
thenz4halL-express with, or deciare.by!publishing;any printing or writing
,or::by_:1open, and:advised speaking or' by-any overt actor deed, every
person=
so offending shall be guilty of felony,-and being convicted
thereof,,-shall
be liable; at the discretion of the Court, :to be kept in penil servitude
for
life, .ol Tor,apy term not less than seveil years, or to be imprisoned
for:any
term not exceeding_ taco years, with or without hard labor, and ,with or

without el , solitary ,confinement..

Re of

o%

nance -
No, 13 of 1583:

Provisions -of
3G' Geo. 3, -
chap. 7, and
57 Geo..3,
chap, 6 not to
be of force in
this Colony,
except as to
offences
against the -
Person of the
Sovereign.
warrant

.issued, dzc.

for felony
andei this
Ordinance - -
valld thQ;a--
the faots may
rimount to
treason. ,

p-arc
~iti~ent
ref awesetiries-
before=aiia:.- .
af tcr;tle, fact.

ORDINANCE ~ o. 1 5 of 1868.

Treasonable Ofences.

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 far as the same are

expressed, uttered, or declared by open and advised speaking only unless

information-of such compassings, imaginations, inventions, devices, and
intentions, and of the words by which the same were expressed, uttered,
or declared shall be given upon oath or declaration to one or more Justice
or Justices~af the Peace within six days after such words shall have been
spoken, and unless a warrant for the apprehension of the person by whom
such words shall have been spoken, shall be issued,'rithin ten days next
after
such information shall have been given as aforesaid, and that no person
shall be convicted of any such compassings, imaginations, inventions;
devices, or intentions as aforesaid, in so far as the same are expressed,
uttered, or declared by open or advised speaking as aforesaid, except upon
his own confession in open Court, or unless the words so spoken shall be
proved by two credible witnesses.'

G. It sball be lawful in any.information for any felony vender this
Qlrdi.riia,nce, to charge against the offender any number~of the matters,
acts,
ox deeds, by which such gorilpassio gs, imaginations, inventions; device;

I intentionE d

r as aforesaid, or any of tbem, sball have been expresse.
uttered; or declared.

$. 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 Icing Edward -the third;-A declaration which

ezees hall be adjud
? S ged'Trea'son-

7. If the facts or natters alleged in an information for any felony
under.this Ordinance, shall amount in law to treason such information
hall 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, shall 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.

$. In the case .of every felony punishable under this 0'rdiiiancel,
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.

xs by this Ordinance punishable; and every accessory after the fact to and
No. 15 of 1868.

Treasonable Offences.

such felony shall, on conviction, be liable to be imprisoned with or
without
hard labor, and with or withoux solitary confinement, for any term not
exceeding two years.

$. This Ordinance shall commence and take effect on such day as

ment of . .
shall hereafter be firmed by proclamation under the hand of the Governor.
ora,nance:,

[In force from 21st Noventber, 1868, by proclcntation of same date.]
1022
Title.
[Sec 11 and 12 V. c. 12.]
Preamble.
1023
Repeal of Ordinance.
No. 13 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6 not to be of force in this Colony, except as to offences against the Person of the Sovereign.
Offences declared felonies by this Ordinance to be punishable by penal service tude or imprisonment.
1024
Time within which prosecution shall be commenced, warrant issued, &c.
In informations more than one overt act may be charged.
Nothing herein to affect 25 Edward 3 , chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
1025
Commencement of Ordinance.

1022
Title.
[Sec 11 and 12 V. c. 12.]
Preamble.
1023
Repeal of Ordinance.
No. 13 of 1868.
Provisions of 36 Geo. 3, chap. 7, and 57 Geo. 3, chap. 6 not to be of force in this Colony, except as to offences against the Person of the Sovereign.
Offences declared felonies by this Ordinance to be punishable by penal service tude or imprisonment.
1024
Time within which prosecution shall be commenced, warrant issued, &c.
In informations more than one overt act may be charged.
Nothing herein to affect 25 Edward 3 , chap. 2.
Informations for felony under this Ordinance valid though the facts may amount to treason.
As to the punishment of accessories before and after the fact.
1025
Commencement of Ordinance.

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No. 15 of 1868

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