Treason Felony Act 1868 (SA)

ANNO TRICESIMO SECUNDO

VICTORIE REGINB.

A. D. 1868.

No. 2.

An Act for the better securi9 of the Crown and Government of tiie

United Kinydom within the Province of South Aztst~.alia.

[Assented to, 24th November, 1868.1

HEREAS it is expedient to provide for the better security of Preamble*

W the Cronn ancl Government of the United Kingdom, within

the Province of South Australia, by assimilating the Law respecting

Treasonable Offences in the said Province, to the Law of the United Kingdom-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

B

1. Thc provisions of the Act of the Parliament of Great Britain, Repeal of 36 Geo.

passed in the thirty-sixth year of the reign of his late Majesty George 111,, , III., c. 7, and 67 Geo,

, , , ,,

the Third, intituled " An Act for the safety and preservation of His to offerme a ainst	Majesty's person and Government against treasonable and seditious sbyereisnL the peraon o f thc
practices and attcmpts ;" and also the provisions of another Act of the said Parliament, passed in the fiftyseventh year of the same reign, intituled " An Act to make perpetual certain parts of an Act of the thirty-sixth year of the reign of His present Majesty for the safety and preservation of His Majesty's person and Government against treasonable and seditious practices and attempts, and for the safety and preservation of the person of His Royal Highness the Prince Regent against treasonable practices and attempts," save such
of the same respectively as relate to the cornpassing, imagining, .(
inventing, devising, or intending death or destruction, or any bodily -

harm

32" VZCTORIB, NO.	2.	%
Freason Felon. Act.-1868.

*C

harm tending to death or destruction, maim or wounding, imprison-

ment or restraint of the person of the heirs and successors of His said Majesty King George the Third, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them, shall be and the same arc hereby repealed.

Offences declared	2.	If any person whatsoever shall compass, imagine, invent, devise,
felonies bp this Act

to be punishable b	or intend to deprive or depose our Most Gracious Lady the Queen,
imprisonment, r i d
hard labor, for life, or	Her heirs or successors, from thc style, honor, or Royal name of the
not less than six	Imperial Crown of the United Kingdom or of any other of Her
months.	Majesty's dominions and countries, or to levy war against I-Ier Ma- jesty, Her heirs or successors, within any part of the United King- dom or any other of Her Majesty's dominions, in order by force or constraint to compel Her or them to change Her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Houses or either House of thc Parlia- ment of the United Kingdom, or the Parliament of this Province, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other Her Majesty's dominions or countries undcr the obeisance of Her Majesty, Her heirs or successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them shall express, utter, or declare by publishing any print- ing or writing, or by open and advised speaking, or by any ovcrt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to bc: imprisoned and kept to hard labor for the term of his natural life, or for any term not less than six months.
Time within which
proaecution shall be	3. No person shall be prosecuted for any felony by virtue of this or intentions as aforesaid, in so far as the same arc expressed, uttered, or declared by open and advised speaking only, unless information of such compassings, imaginations, inventions, devices, and intentions,
aommenced, and	Act in respect to such compassings, imaginations, inventions, devices,
warrant issued.
declared, shall be given, upon oath, to-one or more Justice or Justices and of the words by which the same were expressed, uttered, or of 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 within ten days next after such information shall have been given as aforesaid, and no person shall be convicted of any such cornpassings, imaginatione, 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 shnll be proved by two credible witnesses.
In
then one w e l t act

informations more 4. I t shall be lawful in any information for any felony under this

may be charged.

Act to charge against the offender any number of the matters, acts,

or deeds by which such compassings, imaginations, inventions, de-

vices, or intentions as aforesaid, or any of them shall have been ex-

pressed, uttered, or declared.

5. Nothing

320 VICTORIA3, No. 2. 5

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Treason Felmy Act.-1868,

5. Nothing herein contained shall lessen the force of or in any ~ o t h i g herein to

manner affect anything enacted by the Statute passed in the twenty- affect 25 Ed. 3, c. 2.

fifth year of King Edward the Third, " A declaration which offences

shall be adjudged Treason."

6. If the facts or mattcrs alleged in an information for any felony Information for* felony under thls Act

under this Act shall amount in law to treason, such information shall ,,lid ~, % h the facts

not by reason thereof be deemed void, erroneous, or defective, and may amountto	treason.
if the facts or matters proved on the trial of any person informed
against for any felony under this Act shall amount in law to treason, such person shall not by reason thereof be entitled to be acquitted of such felony, but no pcrson tried for such felony shall be after- wards prosecnted for treason upon the sarnc facts.

7'. I n the case of every felony punishable under this Act, every AS to the puniehment

principal in the second degree, and every accessory before the fact, dacce'ssorics.

shall be punishable in the same manner as the principal in the first

degree is by this Act punishable, and every accessory after thc fact

to any such felony shall, on conviction, be liable to be imprisoned,

with or without hard labor, for any term not exceeding two years.

8. I t shall not be lawful for any Court before which any person NO mats ailowed in

shall be prosecuted or tried for any felony under this Act, to order	proaccutions under
payment to the prosecutor, or the witnesses, of any costs which shall
be incurred in preferring or prosecuting any such information.

9. This Act may be cited for a11 purposes as the Treason Felony abort title.

Act, 1868."

I n the name and on behalf of the Queen I hereby assent to

this Act.

F, G. IXAMLEV, Governor.

Adelaide: Printed by authority, by W. C. Cox, Government Printer, North-terrace.