1024
Time within
which prose
commenced, warrant issued, &c.
ORDINANCE No. 15 OF 1868.
Treasonable Offences.
4. Provided always that no person shall be prosecuted for any felony, cution shall be 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 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 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.
In informa-
tions 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
9
5. It shall be lawful in any information for any felony under this Ordinance, to charge against the offender any number of the matters, acts, or deeds, by which such compassings, imaginations, inventions, devices, or intentions, as aforesaid, or any of them, shall 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 twenty-fifth year of King Edward the third,-A declaration which Offences shall be adjudged Treason.
7. If the facts or matters alleged in an information for any felony under this Ordinance, shall
amount in law
to treason such information 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, 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.
8. In the case of every felony punishable under this Ordinance, of accessories 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; and every accessory after the fact to any
before and
after the fact.
1024
Time within
which prose
commenced, warrant issued, &c.
ORDINANCE No. 15 OF 1868.
Treasonable Offences.
4. Provided always that no person shall be prosecuted for any felony, cution shall be 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 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 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, er unless the words so spoken shall be proved by two credible witnesses."
In informa-
tions 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
9
5. It shall be lawful in any information for any felony under this Ordinance, to charge against the offender any number of the matters, acts, or deeds, by which such compassings, imaginations, inventions, devices, or intentions, as aforesaid, or any of them, shall 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 twenty-fifth year of King Edward the third,-A declaration which Offences shall be adjudged Treason.
7. If the facts or matters alleged in an information for any felony under this Ordinance, shall
amount in law
to treason such information. 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, 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.
8. In the case of every felony punishable under this Ordinance, of accessories 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; and every accessory after the fact to any
before and
after the fact.
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