Treason Felony Act of 1868 No 8a (NSW)

No. XXV.

tbiasô emky . AlIi Act for the better security of the Crown and Government of the United Kingdom and for the better suppression and punishment of seditious practices and attempts. [19̂ /i March, 1868.]

Preamble. wHERE AS an Act was passed by the Parliament of the United Kingdom of Great Britain and Ireland in the eleventh year

11 Vic. No. 12

of the reign of Her Majesty intituled “ A n Act fo r the better security

recited.

of the Crown and Government o f the United Kingdom” and whereas it is expedient to enact in this Colony certain of the clauses contained in the said Act and to make additional provision for the suppression and punishment of seditious practices and attempts Bo it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows :—

Provisions of 36 Geo, 1. The provisions of the Act of the Parliament of Great

3 c. 7 and 57 Geo. 3 _ Britain thirty-sixth George the Third chapter seven made perpetual

c. 6 repealed except

as to offences against by the Act of tlic Parliament of Great Britain and Ireland Eifty-

Sovereigm Seventh George the Third chapter six and all the provisions of the

[11 Vic. c. 12 1.] last-mcntioncd Act in relation thereto save such of the same re­

. spectively

1868. 3P VIC. No. 25. 119

Treason Felony.

pectively as relate to the compassing imagining inventing devising or intending death or destruction or any bodily harm tending to death or destruction maim or Avounding imprisonment or restraint of the persoir of the heirs and successors of His said Majesty King George the Third and the expressing uttering or declaring of such corn- passings imaginations inventions devices or intentions or any of them shall he and the same are hereby repealed.

2.   If any person whatsoever shall within this Colony or without Offences declared

compass imagine invent devise or intend to deprive or depose Our Most f “y

Gracious Hady the Queen her heirs or successors from the style honor hard labor on roads

or Koyal name of the Imperial Crown of the United Kingdom or of any colony

other of Her Majesty’s dominions and countries or to levy war against less than seven years. Her Majesty her heirs or successors within any part of the United [h c. 12 sec. 3,] Kingdom 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 the Parliament

of the United Kingdom or the Parliament of this Colony or to move or

stir any foreigner or stranger ivith force to invade the United Kingdom

or any other Her Majesty’s dominions or countries under the obeisance

of Her Majesty her heirs or successors and such compassings imagina­

tions inventions devices or intentions or any of them shall express

utter or declare by publishing any printing or v^riting or by open and	'
advised speaking or by any overt act or deed every person so offending shall he guilty of felony and being convicted thereof shall he liable at the discretion of the Court to he ordered to he kept to hard labor on the roads or other public works of the Colony for the term of his natural life or for any term not less than seven years.

3.   No person shall ho prosecuted for any felony by Aurtue of this Time within wiiioii

Act in respect of such compassings imaginations inventions devices commenced fnd' or intentions as aforesaid in so far as the same are expressed uttered wairant issued.

or declared by open and adA-'ised speaking only unless iuformatiou	vic.c.vi .w.4.]
of such compassings imaginations inventions devices and intentions
and of the words by Avhich the same were expressed uttered or
declared shall he given upon oath to one or more Justice or Justices
of the Peace within six days after such Avords shall have been spoken

and unless a warrant for the apprehension of the person by Avhom	■
such words shall have been spoken shall he issued within ten days next after such information shall have been given as aforesaid and no person shall he 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 OAvn confession in open Court or unless the
words so spoken shall be proved by two credible Avitnesses.
4. I t shall be lawful in any information for any felony under in informations more this Aet to charge against the offender any number of the matters

acts or deeds by which such compassings imaginations n^ventions ̂ ̂^

devices or intentions as aforesaid or any of them shall have been ̂	.............
expressed uttered or declared.

5. Nothing herein contained shall lessen the force of or in any NoHiing iierem to

manner affect anything enacted by the Statute passed in the twenty-

fffth year of King Edward the Third “ a declaration which offences ̂

’

shall be adjudged Treason.”

6. If the facts or matters alleged in an information for any information for

felony under this Act shall amount in law to treason such information Alrv̂ aMthougii

shall not by reason thereof be deemed void erroneous or defective and	amount
if the facts or matters proved on the trial of any person informed against n	sec 71

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

120 No. 25. 31̂ VIC. 1868.

Treason Felony.

but no person tried for sucli felony shall be afterwards prosecuted for

treason upon the same facts.

As to the puTiishment	7. In the case of evcry felony punishable under this Act every be punishable in the same manner as the principal in the first degree is by tliis Act punishable and every accessory after the fact to any such felony shall on conviction be liable to be imprisoned with or Avitliout hard labor for any term not exceeding two years.
of accessories.	'	principal in the second degree and every accessory before the fact shall

[11 \2sec 8.]

Warrants may be 8. I t shall ht‘ lawful for any Justice of tlic Peace on being

persons papers andsatiidlcd by any statement made to him on oath or otherwise that there

issued to search for

arms in certain cases, are gi’ounds for suspccting that pcrsoiis guilty of felony under this Act or of being accessories to any such felony or that papers which Avould tend to prove the commission of any such felony or that arms in­ tended to be used in furtlierance of any such felony are concealed in any house or place to issue his warrant directing any constable or other officer of the police force Avith snch persons as ho may call to his assistance to enter by force if necessary such house or place and to make search therein for such persons papers or arms Provided that no such Avarrant shall be enforced unless countersigned by at least three Members of the Executive Council.

tlisreapeetfiil to the

XJsiiigJaiigua^e 9. If any person shall use any language disrespectful to Her

Queen or cxpres.sing Most Gracious Majesty or shall factiously avow a determination to

sjmpatliy -vvith

certain offenders	refuse to join in any loyal toast or demonstration in honor of Her
declared a inisde*	Majesty or shall liy word or deed express sympathy with the crime of

meanor punishable

with imprisonment

any persons stated or suspected to be or to have been engaged in the

for two years.

commission of or in the attempt to commit any felony under this Act or shall express any approval of the conduct of any persons stated or suspected to be engaged in the commission of or in the attempt to commit any such felony or shall hold out by word or deed as worthy of praise honor or commendation the conduct of any persons who may have been or may be condemned and punished for such conduct in due course of laAV every such person shall l)e deemed guilty of a misdemeanor and may thereupon be apprehended by any constable or any other person without any warrant for such purpose and on conviction shall be imj)i’isoned with or without hard labor for any period not exceeding tAVO years.

lishing words dis­

Writing and pub­ 10. If any person shall Avrite or publish any words disrespect­

respectful to the ful to Her Most Gracious Majesty or expressing sympathy witli

Queen or expressing thc Crime of any pcrson stated or suspected to be or to have been sympathy with or . . commission of or in the attempt to commit any

approval of certain -

offenders declared a

misdemeanor	felony under this Act or expressing any approval of the conduct
punishable with .	of any persons stated or suspected to be or to have been engaged
imprisonment for	in the commission of or in the attempt to commit any such felony or
three years.	holding out as Avorthy of praise honor or commendation thc conduct of any persons who may have been or may be condemned and punished for such conduct in due course of law every such person so offending shall be deemed guilty of a misdemeanor and shall for such offence on cdnviction be imprisoned Avith or without hard labor for any term not exceeding three years.

Wan'ants under the 8th

section and prosecutions 11. No AA'arrant shall be issued under the eighth section nor

under the 9th and 10th

sections not to be issued shall any prosecution be commenced for any offence under tlie ninth

or commenced after the

expimtion of two years or tenth sections of this Act after the expiration of tAVo years from

from tlie time of t he

passing of this Act. the time of the passing of this Act.

Short title. 12. This Act may be cited as the “ Treason Felony Act of 1808.”

No. XXVI.