Treasonable Offences (CAP. 440 I

CHAPTER 440

THE TREASONABLE OFFENCES ACT

Arrangement of Sections
Section

1. Shorttitle.
2. Offence declared by this Act to be felony punishable by

imprisonment.
3. In indictments more than one overt act may be charged.
4. Indictments for felony under this Act valid though the

facts only amount to treason.
5. As to the punishment of accessories before and after

the fact.
6. No costs allowed in prosecutions under this Act.

TREASONABLE OFFENCES

(3rd August, 1868.)

1. This Act may be cited as the Treasonable Offences short title.
Act.

2. If any person shall within Antigua and Barbuda, :$f;r;:zT;d
compass, imagine, invent, devise, or intend to deprive or felonypunishable
depose our most gracious lady the Queen, Her heirs or suc- byimprisonment.
cessors from the style, honour or Royal name of the
Imperial Crown of the United Kingdom or of any other of
Her Majesty's dominions and countries, or to levy war
against Her Majesty, Her heirs or successors within any part
of the United Kingdom or within any other of Her Majesty's
dominions or countries or Antigua and Barbuda in order by
force or constraint to compel Her or them to change Her or
their measures or councils, or in order to put any force or

LAWS OF ANTIGUA AND BARBUDA

CAP. 440) Treasonable Offences

constraint upon, or to intimidate Parliament or to move or
stir any foreigner or stranger with force to invade the
United Kingdom or any other of Her Majesty's dominions
or copntries, under the obeisance of Her Majesty, Her heirs
or successors, and such compassings, imaginations, inven-
tions, devices or intentions, or any of them shall express,
utter, or declare by publishing any printing or writing, or by
open and advised speaking or by any overt 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 be imprisoned for any term not exceeding ten
years, with or without hard labour as the Court shall direct:

Provided that no person shall be prosecuted for felony
by virtue of this Act in respect of such compassings, imagina-
tions, 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 compass-
ings, imaginations, inventions, devices, and intentions, and
of the words by which the same were expressed, uttered or
declared, shall be given upon oath to a Magistrate 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 inten-
tions as aforesaid in so far as the same are expressed,
uttered, or declared by open, or advised speaking as afore-
said, except upon his own confession in open Court, or
unless the words so spoken shall be proved by two credible
witnesses.

In indictments 3. It shall be lawful in any indictment for felony
more than one
O, act may be under this Act, to charge against the offender any number
charged. 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.

Indictments for 4. If the facts or matters alleged in an indictment for
felony under this
~ ~ ~ ~ ~ l i d h ~ ~ & any felony under this Act shall amount in law to treason,
hefactsonl~ such indictment shall not by reason thereof be deemed
amount to treason

void, erroneous or defective, and if the facts or matters

LAWS OF ANTIGUA AND BARBUDA

Treasonable Offences (CAP. 440 3

proved on the trial of any person indicted 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 n o person tried for such felony shall be
afterwards prosecuted for treason upon the same facts.

5. In the case of every felony punishable under this As to the punish-
ment of acces-

Act, every principal in the second degree and every accessory before and
before the fact shall be punishable in the same manner as afterthefact-
the principal in the first degree is by this Act punishable.
And every accessory after the fact to any such felony shall on
conviction be liable to b e imprisoned with or without hard
labour for any term not exceeding two years.

6. It shall not b e lawful for any Court before which pgzz;;d
any person shall be prosecuted o r tried for any felony under ,der
this Act to order payment to the prosecutor or to the wit-
nesses of any costs which shall be incurred in preferring or
prosecuting any such indictments.