TREASONABLE OFFENCES ORDINANCE, 1868

TREASONABLE OFFENCES ORDINANCE, 1868

No. 3 of 1868.

To assimilate the Law of this Colony respecting Treasonable
Offences to the Law of the United Kingdom. [21st November,1868.]

1. The Treasanable Offences Ordinance, 1868.

2. The provisions of the Act 36 George III, chapter 7, made
perpetual by the Act 57 George III, chapter 6, and all the pro-






visions of the last-inentioned Act in relation thereto, save such of
the same respectively as relate to the compassing, imagining, in-
venting, devising, or intendino, death or destruction,or any bodily
harm tending to death or destruction, maim or wounding,im-
prisonment 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, inven-
tions, devices, or intentions, or any of them, shall cease to be of
force in this Colony.

3. If any person whosoever, compasses, imagines, invents, de-
vises, 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 ordor by force or constraint to compel
him to change his measures or counsels, or in order to put
any force or constraint upon, or to intimidate or overawe, both
Houses or either House of Parliainent, 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, imagi-
nations, inventions, devices, or intentions, or any of them, with
or declares them 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 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,utters,or declared, is given
upon oath to a Justice of the Peace within 6 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
10 days after such information has been given as aforesaid, and

that no person shall be convicted of any sich 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 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,inven-
tions,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 25th year of King Edward III,entitled 'A Declara-
tion 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 de-
fective;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 titled
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 Or-
dinance,every principal in the second degree and every accessory
before the fact shall be punishable in the same manneras the
principal in the first degree 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 2 years.
Short title. Repeal of 36 Geo. III c. 7 and 57 Geo. III c. 6, except as to offence 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. [ib.s.3.] Time within which prosecution to be commenced, warrant issued, etc. [ib.s.4.] Charging of more than one overt act in indictment. [11 & 12 Vict.c.12 s. 5.] Saving as to 25 Edw. III s. 5 c. 2. [ib.s.6.] Case of offence proved being other than offence charged, etc. [ib.s.7.] Punishment of accessories. [ib.s.8.]

Short title. Repeal of 36 Geo. III c. 7 and 57 Geo. III c. 6, except as to offence 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. [ib.s.3.] Time within which prosecution to be commenced, warrant issued, etc. [ib.s.4.] Charging of more than one overt act in indictment. [11 & 12 Vict.c.12 s. 5.] Saving as to 25 Edw. III s. 5 c. 2. [ib.s.6.] Case of offence proved being other than offence charged, etc. [ib.s.7.] Punishment of accessories. [ib.s.8.]

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