the effect and substance only (omitting the formal part) of every indictment and conviction of such offender, to the justices of assize, Oyer and Terminer, Great Sessions, or Gaol Delivery, where such offender or offenders shall be indicted for any second offence of composing, printing, or publishing any blasphemous or seditious libel, for which certificate six shillings and eight pence and no more shall be paid, and which certificate shall be sufficient proof of the conviction of such offender. VIII. And be it further enacted, That any action and suit which shall be brought Limitation of or commenced against any justice or justices of the peace, constable, peace officer actions. or other person or persons, within that part of Great Britain called England, or in Ireland, for any thing done or acted in pursuance of this act, shall be commenced within six calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants in every such action or suit may plead the general issue, and give this act and the special General issue may be plead. matter in evidence at any trial to be had thereupon; and if such action or suit shall ed. be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their actions after appearance, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may Double costs. recover in such and the same manner as any defendant can by law in other cases. Scotland. IX. And be it further enacted, That every action and suit which shall be brought Limitation of or commenced against any person or persons in Scotland for any thing done or acted actions, &c. iu in pursuance of this act, shall in like manner be commenced within six calendar months after the fact committed, and not afterwards, and shall be brought in the court of session in Scotland; and the defender or defenders may plead that the matter complained of was done in pursuance of this act, and may give this act and the special matter in evidence; and if such action or suit shall be brought or commenced after the time limited for bringing the same, then the same shall be dismissed; and in such case, or if the defender or defenders shall be assoilzied, or the pursuer or pursuers shall suffer the action or suit to fall asleep, or a decision shall be pronounced against the pursuer or pursuers upon the relevancy, the defender or defenders shall have double costs, which he or they shall and may receive in such Double costs. and the same manner as any defender can by law recover costs or expences in other cases. the law of X. Provided always, and be it further enacted, That nothing in this act contained Not to alter shall be held or considered as in any respect altering the law or practice of Scot- Scotland in land regarding the punishment of persons convicted of composing, printing, pub- respect to pulishing, or circulating any blasphemous or seditious libel. nishment for libels. XI. And be it further enacted, that this act may be repealed in the whole or in Act may be any part thereof, or in any manner altered or amended, during the present session repealed or of parliament. altered this sessin. No. VI.-Copy of the Newspaper Stamp Duties Bill. 60 Geo. III. Chap. 9. WHEREAS pamphlets and printed papers containing observations upon public events and occurrences, tending to excite hatred and contempt of the government and constitution of these realms as by law established, and also vilifying our holy religion, have lately been published in great numbers, and at very small prices; and it is expedient that the same should be restrained: may it therefore please your majesty that it may be enacted: and be it enacted by the king's most excellent majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that from and after ten days after the passing of this act, all pamphlets Subjecting and papers containing any public news, intelligence or occurrences, or any remarks certain print ed pamphlets or observations thereon, or upon any matter in church or state, printed in any part and papers to of the united kingdom for sale, and published periodically, or in parts or numbers the stamp du ties upon newspapers, gulations of recited acts. at intervals not exceeding twenty-six days between the publication of any two such new to there. pamphlets or papers, parts or numbers, where any of the said pamphlets or papers parts or numbers respectively, shall not exceed two sheets, or shall be published for sale for a less sum than sixpence, exclusive of the duty by this act imposed thereon, shall be deemed and taken to be newspapers within the true intent and meaning of an act of parliament passed in the thirty-eighth year of the reign of 38 G. 3, c. 78. his present majesty, intituled "An act for preventing the mischiefs arising from the printing and publishing newspapers and papers of a like nature, by persons not known, and for regulating the printing and publication of such papers, in other respects;" and of another act of parliament, passed in the fifty-fifth year of the 55 G. 3, c. 80. reign of his present majesty, intituled "An act to provide for the collection and management of stamp duties upon pamphlets, almanacks, and newspapers in Ireland;" and of another Act passed in the fifty-fifth year of the reign of his present 55 G. 3, c.185. majesty, intituled "An act for repealing the stamp office duties on advertisements, almanacks, newspapers, gold and silver plate, stage coaches, and licenses for keeping stage coaches, now payable in Great Britain; and for granting new duties in lieu thereof;" and of an act passed in the fifty-sixth year of the reign of his pre56 G. 3, c. 56. sent majesty, intituled "An act to repeal the several stamp duties in Ireland, and also several acts for the collection and management of the said duties, and to grant new stamp duties in lieu thereof, and to make more effectual regulations for calculating and managing the said duties: and all other acts of parliament in force relating to newspapers; and be subject to such and the same duties of stamps, with such and the same allowances and discounts, as newspapers printed in Great Britain and Ireland respectively, now are subject unto under and by virtue of the said recited acts of parliament, and shall be printed, published, and distributed under and subject to all such and the like rules, regulations, restrictions, provisions, penalties and forfeitures, as are contained in the said recited acts, or either of them, or in any other act or acts of parliament now in force in Great Britain or Ireland respectively, relating to Newspapers printed, published, dispersed, or made public in the united kingdom; and the said recited acts of parliament, and all other acts of parliament now in force in Great Britain or Ireland respectively, relating to the printing, publishing, dispersing, or making. public in Great Britain or Ireland respectively, any newspapers, or containing any regulations, relating thereto, and all the clauses, provisions, regulations, restrictions, penalties and forfeitures therein respectively contained, and in force at the passing of this act, shall (except where the same may be altered by this act) be applied and put in force in relation to all such pamphlets and printed papers aforesaid, as fully and effectually as if all such clauses, provisions, regulations, restrictions, penalties, and forfeitures were respectively, severally, and separately re-enacted in and made part of this act; and the said recited acts, and all other such acts of parliament as aforesaid, and this act, shall, as to all the purposes of carrying this act into execution, be construed as one act. 21 inches in No quantity of II. And be it further enacted, That no quantity of paper less than a quantity paper less than equal to twenty-one inches in length, and seventeen inches in breadth, in whatlength, and 17 ever way or form the same may be made, or may be divided into leaves, or in in breadth, to whatever way the same may be printed, shall be deemed or taken to be a sheet of be deemed a paper within the meaning and for the purposes of this act. sheet. No cover or blank leaf to be deemed part of a pamphlet. Publications at intervals exceeding 26 days, to be the first day III. And be it further enacted, That no cover or blank leaf, or any other leaf upon which any advertisement or other notice shall be printed, shall, for the purposes of this act, be deemed or taken to be a part of any such pamphlet, paper, part or number aforesaid. IV. And be it further enacted, That all pamphlets and papers containing any public news, intelligence, or occurrences, or any such remarks or observations as aforesaid, printed for sale, and published periodically, or in parts or numbers at inpublished on tervals exceeding twenty-six days between any two such pamphlets or papers, parts of every ca- or numbers, and which said pamphlets, papers, parts, or numbers respectively, lendar month, shall not exceed two sheets, or which shall be published for sale at a less price or within two than sixpence, shall be first published on the first day of every calendar month, or within two days before or after that day, and at no other time; and that if any person or persons shall first publish or cause to be published any such pamphlet, Penalty 201. paper, part or number aforesaid, on any other day or time, he or they shall forfeit for every such offence the sum of twenty pounds. days before or after. The price and cation to be V. And be it further enacted, That upon every pamphlet or paper containing any day of publi- public news, intelligence or occurrences, or any remarks or observations thereon, printed on pe- or upon any matter in church or state, printed in any part of the united kingdom riodical publi- for sale, and published periodically, or in parts or numbers, at intervals not exceedcations, and ing twenty-six days between the publication of any two such pamphlets or papers, penalty for parts or numbers, and upon every part or number thereof, shall be printed the full omitting the price at which every such pamphlet, paper, part or number shall be published for atue, 201. sale, and also the day on which the same is first published; and if any person shall publish any such pamphlet, paper, part, or number, without the said price and day being printed thereon, or if any person shall at any time within two months after the day of publication printed thereon as aforesaid, sell or expose to sale any such pamphlet, paper, part or number, or any portion or part of such pamphlet, paper, part or number, upon which the price so printed as aforesaid shall be sixpence, or above that sum, for a less price than the sum of six-pence, every such person shall for every such offence forfeit and pay the sum of twenty pounds. to the allow. VI. Provided always, and be it further enacted, That nothing in this act contained Not to extend shall extend or be construed to extend to subject any person publishing any pam-ance made to phlet or paper to any penalty for any allowance in price made by the person for distributors whom and on whose behalf, and for whose profit, benefit, or advantage, the same who buy to shall have been first published, to any bookseller or distributor, or other person to whom the same shall be sold for the purpose of retailing the same. retail. duties freed VII. And be it further enacted, That all pamphlets and papers which are by this Pamphlets act declared to be subject to the stamp duties upon newspapers, shall be freed and liable to stamp discharged from all the stamp duties and regulations contained in any act of parlia- from all regument relating to pamphlets. lations relating to pamphlets. persons to cognizance, or fines upon VIII. And be it further enacted, That no person, from and after thirty days after No the passing of this act, shall print or publish for sale, any newspaper, or any pam- print or publish newspaphlet or other paper containing any public news, intelligence, or occurrences, or pers, &c. or any remarks or observations thereon, or upon any matter in church or state, which pamphlets, shall not exceed two sheets, or which shall be published for sale at a less price without enter than sixpence, until he or she shall have entered into a recognizance before a baron ing into re of the exchequer in England, Scotland, or Ireland respectively, as the case may giving bond be, if such newspaper or pamphlet, or other paper aforesaid, shall be printed in for securing London or Westminster, or in Edinburgh or Dublin, or shall have executed in the conviction for presence of, and delivered to some justice of the peace for the county, city, or place libels. where such newspaper, pamphlet, or other paper shall be printed, if printed elsewhere, a bond to his majesty, his heirs and successors, together with two or three sufficient sureties, to the satisfaction of the baron of the exchequer taking such recognizance, or of the justice of the peace taking such bond, every person printing or publishing any such newspaper or pamphlet or paper aforesaid, in the sum of three hundred pounds, if such newspaper, pamphlet, or paper shall be printed in London or within twenty miles thereof, and in the sum of two hundred pounds, if such newspaper, pamphlet, or paper shall be printed elsewhere in the united kingdom, and his or her sureties in a like sum in the whole, conditioned that such printer or publisher shall pay to his majesty, his heirs and successors, every such fine or penalty as may at any time be imposed upon or adjudged against him or her, by reason of any conviction for printing or publishing any blasphemous or seditious libel, at any time after the entering into such recognizance or executing Penalty 201. such bond; and that every person who shall print or first publish any such newspaper, pamphlet, or other paper, without having entered into such recognizance, or executed and delivered such bond with such sureties as aforesaid, shall, for every such offence, forfeit the sum of twenty pounds. the money for rupt, new re IX. Provided always, and be it further enacted, That in every case in which any if sureties pay surety or sureties in any such recognizance or bond shall have been required to pay any part of and shall have paid the whole or any part of the sum for which he, she, or they which they are shall have become surety; or in case any such surety or sureties shall become bound, or be bankrupt, or be discharged under any insolvent act; then and in every such case come bank the person for whom such surety or sureties shall have been bound, shall not print cognizance or or publish any newspaper or pamphlet, or other paper aforesaid, until he or she bond with shall, upon being required so to do by the commissioners of stamps for Great Bri- sureties must tain and Ireland respectively, have entered into a new recognizance, or executed a new bond, with sufficient sureties, in the manner and to the amount aforesaid; and in case he or she shall print or publish any such newspaper or pamphlet, or other paper aforesaid, without having entered into such new recognizance, or executed such new bond as aforesaid, having been required so to do as aforesaid, he or she shall forfeit for every such offence the sum of twenty pounds. be given. Penalty 201. from their re X. Provided always, and be it further enacted, That if any surety or sureties shall Sureties may be desirous of withdrawing from such recognizance or bond, it shall and may be withdraw lawful to and for him or them so to do, upon giving twenty days previous notice in cognizance writing to the said commissioners of stamps respectively, or to the distributor of upon giving stamps of and for the district where the printer or publisher for whom he or they is or are surety or sureties shall reside, and also to such printer or publisher; and (VOL. XLI.) (5 P) notice. that in any such case, every such surety or sureties, from and after the expiration of such notice, shall not be liable upon the said bond or recognizance, other than and except for any penalty or penalties before that time imposed or incurred, and for which he or they would otherwise have been liable under the said recognizance New recogni- or bond; and that then and in every such case, the person for whom such surety or sureties shall have been bound, shall not print or publish any newspaper or pamphlet, or other paper aforesaid, until he or she shall have entered into a new recognizance, or executed a new bond, with sufficient sureties in the manner and to the amount aforesaid; and in case he or she shall print or publish any such newspaper or pamphlet, or other paper aforesaid, without having entered into such new recognizance or bond as aforesaid, he or she shall for every such offence forfeit the sum of twenty pounds. zance to be entered into. Penalty 201. Bonds not to be subject to stamp duty. List of recog. to be trans XI. Provided always, and be it further enacted, That no such bond as aforesaid shall be subject or liable to any stamp duty; any thing in any act or acts of parliament to the contrary notwithstanding. XII. And be it further enacted, that lists of all the recognizances which shall have nizances and been entered into in the respective courts of exchequer in England, Scotland, or bonds taken, Ireland, shall, four times in each year, be transmitted to the commissioners managmitted to com- ing the stamp duties in Great Britain and Ireland respectively, as the case may be, anissioners of by the respective officers recording such recognizances in such respective courts; stamps in Eng and all bonds executed under the provisions of this act, shall within ten days at and Ireland the furthest after the execution thereof, be transmitted to the said commissioners respectively respectively by the justices of the peace to whom the same shall have been respectively delivered. land, Scotland, Extending and 56 G. 3, c. 56. delivery of newspapers, &c. to the this act : XIII. And whereas the printer or publisher of any newspaper, and of any pamprovisions of phlet and paper hereby enacted to be deemed and taken to be a newspaper, will, 38 G. 3, c. 78. after the passing of this act, be bound, under and by virtue of the provisions con tained in the said acts made and passed in the thirty-eighth and fifty-fifth years of relating to the his majesty's reign respectively, to deliver to the commissioners of stamps in Great Britain and Ireland respectively or or some distributor of stamps or other officer, on the day on which the same is published, or within a certain time afterwards, commissioners one of the newspapers, pamphlets, or papers so published, signed as in the said of stamps, to acts is respectively directed: and whereas it is expedient that the same or similar provisions and regulations should extend and be applied to all pamphlets and papers, whether published periodically or not, and which shall contain any public news, intelligence, or occurrence, or any remarks or observations thereon, or upon any matter in church or state, and which shall not exceed two sheets as aforesaid, or which shall be published for sale at a less price than sixpence; be it therefore enacted, that from and after ten days after the passing of this act, the printer or publisher of any pamphlet or other paper for sale, containing any public news, intelligence, or occurrences, or any remarks or observations thereon, or on any matter in church or state, shall, upon every day upon which the same shall be published, or within six days after, deliver to the commissioners of stamps for Great Britain and Ireland respectively, at their head offices, or to some distributor or officer to be appointed by them to receive the same, and whom they are hereby required to appoint for that purpose, one of the pamphlets or papers so published upon each such day, signed by the printer or publisher thereof, in his hand-writing with his name and place of abode; and the same shall be carefully kept by the said commissioners, or such distributor or officer as aforesaid, in such manner as the said commissioners shall direct; and such printer or publisher shall be entitled to demand and receive from the commissioners, or such distributor or officer, the amount of the retail price of such pamphlet or paper so delivered; and in every case in which the printer and publisher of such pamphlet or paper shall neglect to deliver one such pamphlet or paper in the manner herein before directed, such printer and publisher shall, for every such neglect respectively, forfeit and lose the sum of one hundred pounds. Penalty for neglect of de livery of pamphlet or paper, 1002. Commission. ers refusing to take any pamphlet or XIV. Provided always, and be it further enacted, That in case the said commissioners, or such distributor or officer aforesaid, shall refuse to receive or pay for any copy of such pamphlet or paper offered to be delivered to them or him as paper, to give, aforesaid, for or on account of the same not being within the true intent and meanif required, ing of this act, such commissioners, distributor, or officer shall, if required so to Such refusal. do, give and deliver to such printer or publisher a certificate in writing that a copy of such pamphlet or paper had been by him duly offered to be delivered; and such printer or publisher shall thereupon be freed and discharged from any penalty for not having delivered such copy as aforesaid. certificate of Penalty on XV. And be it further enacted, that if any person shall sell or expose to sale, any persons selling pamphlet or other paper not being duly stamped, if required to be stamped, such asped, 201. person shall, for every such offence, forfeit the sum of twenty pounds. papers not 1 in case of XVI. And be it declared and enacted, that it shall be lawful for any of his ma- Recognizance, jesty's courts of record at Westminster or Dublin, or of great session in Wales, or libel, to be of any judge thereof respectively, or for any court of quarter or general sessions of the good behavi peace, or for any justice of the peace before whom any person charged with having our, as well as printed or published any blasphemous, seditious, or malicious libel shall be brought for the purpose of giving bail upon such charge, to make it a part of the condi tion of the recognizance to be entered into by such person and his or her bail, that the person so charged shall be of good behaviour during the continuance of such recognizance. to appear to answer. XVII. And be it further enacted, That all fines, penalties and forfeitures by this Recovery of act imposed, shall be recovered by action of debt, bill, plaint, or information in any penalties. of his majesty's courts of record at Westminster or Dublin, or the courts of Great Session in the principality of Wales, or the courts of the counties palatine of Chester, Lancaster, and Durham, or in the court of session or court of exchequer in Scotland (as the case shall require), wherein no essoign, privilege, protection, wager of law, or more than one imparlance shall be allowed; or before any two justices of the peace of the county, riding, stewartry, city, or place where the offence shall be committed: provided always, that no larger amount in the whole than one hundred pounds shall be recoverable or recovered before any justices of the peace, for any such penalties incurred in any one day; any thing in this act, or any other acts of parliament contained to the contrary notwithstanding. determine XVIII. And be it further enacted, That it shall be lawful for any two or more Two or more justices of the peace in all cases in which they are authorized to hear and deter- Justices to mine any offence or offences which shall be committed against this act, or any offences: other act or acts of parliament which are by this act required to be construed therewith as part thereof, upon information exhibited or complaint made in that behalf, within three months after any such offence committed to summon the party accused, and also the witnesses on either side; and upon the appearance or contempt of the party accused in not appearing, to proceed to the examination of the witness or witnesses upon oath (which oath they are hereby empowered to administer), and to give judgment for the penalty or penalties incurred; and in case the party shall not immediately pay the said penalty or penalties to commit the offender to prison, there to remain for any time not exceeding six months, unless such pecuniary penalty or penalties shall be sooner paid and satisfied; and if any party shall find himself or herself aggrieved by the judgment of any such justices, then he, she, or they may, upon giving security to the amount or value of the penalty or penalties adjudged, together with such costs as may be awarded in case such judgment shall be affirmed, appeal to the justices of the peace at the next quarter or general sessions of the peace for the county, riding, division, or place, wherein such offence shall be committed, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same; and in case the judgment shall be affirmed, it shall be lawful for such justices to order the person or persons making such appeal, to pay such costs occasioned by such appeal, as to them shall seem meet: Provided nevertheless, that it shall and may be lawful for may mitigate the said respective justices, where they shall see cause, to mitigate or lessen any such penalty or penalties, in such manner as they in their discretion shall think fit; the reasonable costs and charges of the officers or informers being always allowed over and above such mitigation; and so as such mitigation does not reduce the penalty to less than one fourth part thereof, over and above the said costs and charges. penalties. nesses not ap XIX. And be it further enacted, That if any person shall be summoned as a wit- Penalty on ness to give evidence before such justices of the peace touching any such offence, persons sum. t. either on the part of the prosecutor or of the person or persons accused, and shall monedas wi neglect or refuse to appear at the time and place to be for that purpose appointed, pearing, &c. without a reasonable excuse for such his or her neglect or refusal, to be allowed of by the justices before whom the prosecution shall be depending, or appearing shall refuse to give evidence, then every such person shall forfeit for every such offence any sum not exceeding twenty pounds, to be levied and paid in such manner and by such means as is in this act directed as to other penalties. XX. And be it further enacted, that the justices before whom any offender shall Convictions to be convicted as aforesaid, shall cause the said conviction to be made out in the be made out manner and form following, or in any other form of words to the like effect mutatis in the follow mutandis; that is to say, "County of Be it remembered, that on at A. B to wit. was duly convicted before us, "of his majesty's justices of the peace for in pursuance of an "act passed in the sixtieth year of the reign of his present majesty, intituled an reign ing form. |