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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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CRIMINAL CODE ss.49-51 41<br />

(2) Takes any such oath or engagement, not being compelled to<br />

do so; or<br />

(3) Attempts to induce any person to take any such oath or<br />

engagement;<br />

is guilty of a crime, and is liable to imprisonment with hard labour<br />

€or seven years.<br />

As amended by Amendment <strong>Act</strong> of 1922, 13 Geo. 5 No. 2, s. 3 (vi).<br />

ow far a Defence. A person who takes any such oath<br />

or engagement as is mentioned in the two last preceding sections cannot<br />

set up as a defence that he was compelled to do so, unless within fourteen<br />

days after taking it, or, if he is prevented by actual force or sickness,<br />

within fourteen days after the termination of such prevention, he declares<br />

by information on oath before some member of the Executive Cumcil or<br />

justice of the peace, or, if he is on actual service in Her Majesty’s Forces<br />

by sea or land, either by such information or by information to his<br />

commanding officer, the whole of what he knows concerning the matter,<br />

including the person or persons by whom and in whose presence, and<br />

the place where, and the time when, the oath or engagement was<br />

administered or taken.<br />

56). EEect of Brosec~ti~n. A person who has been tried, and convicted<br />

or acquitted on a charge of any of the crimes hereinbefore in this Chapter<br />

defined, cannot be afterwards prosecuted upon the same facts for the<br />

crime of treason, or for the crime of failing, when he knows that any<br />

person intends to commit treason, to give information thereof with all<br />

reasonable despatch to a justice or use other reasonable endeavours to<br />

prevent the commission of the crime.<br />

g. (1) Any person who-<br />

(a) In contravention of the directions of a Proclamation by the<br />

Governor in Council in that behalf, trains or drills any<br />

other person to the use of arms or the practice of military<br />

exercises, movements, or evolutions; or<br />

(b) Is present at any meeting or assembly of persons held in<br />

contravention of the directions of any such Proclamation, for<br />

the purpose of there training or drilling any other person to<br />

the use of arms or the practice of military exercises, move-<br />

ments, or evolutions;<br />

is guilty of a crime, and is liable to imprisonment with hard labour for<br />

seven years.<br />

(2) Any person who, at any meeting or assembly held in contra-<br />

vention of the directions of a Proclamation by the Governor in Council<br />

in that behalf, is trained or drilled to the use of arms or the practice of<br />

military exercises, movements, or evolutions, or who is present at any such<br />

meeting or assembly for the purpose of being so trained or drilled, is<br />

guilty of a misdemeanour, and is liable to imprisonment for two years.<br />

<strong>The</strong> offender may be arrested without warrant.<br />

(3) A prosecution for any of the offences defined in this sectioa<br />

must be begun within six months after the offence is committed.<br />

As amended by Amendment <strong>Act</strong> of 1900, 64 Vie. No. 7, s. 1.

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