in case of to appear to 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 be, to be of any judge thereof respectively, or for any court of quarter or general sessions of the good behavipeace, 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 answer. 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. 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 ac cused, 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 penalties. 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. any moned as wi 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 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 mutandis; that is to say, in the follow. ing form. "County of ས Be it remembered, that on A. B at to wit. "of his majesty's justices of the peace for "act passed in the sixtieth year of the reign of his present majesty, intituled an Order or con. viction of jns removed into any court, or tices not to be the execution superseded. No actions for penalties shal be commenc ed but in the name of the attorney-gene and advocate for Scotland, "act [title of this act]; for that the said A. B. on the day of "now last past, did [here state the offence, as the case may happen to be] con trary to the form of the statute in that case made and provided; for which of fence we do adjudge that the said A. B. hath forfeited the sum of justices mitigate the penalty] which sum of day of "and [if the XXII. And be it further enacted, that it shall not be lawful for any person or persons whatsoever to commence, prosecute, enter, or file, or cause or procure to be commenced, prosecuted, entered or filed, any action, bill, plaint, or information in any of his majesty's courts, or before any justice or justices of the peace against ral in England any person or persons, for the recovery of any fine, penalty or forfeiture made or and Ireland, incurred by virtue of this act, unless the same be commenced, prosecuted, entered, or filed in the name of his majesty's attorney-general in that part of Great Britain called England, or in the name of his majesty's attorney-general in Ireland, or his majesty's advocate for Scotland (as the case may be respectively), or in the name of the solicitor or some other officer of his majesty's stamp duties in that part of Great Britain called England, or in Scotland or Ireland respectively; and if any action, bill, plaint or information shall be commenced, prosecuted, entered, or filed in the name or names of any other person or persons than is or are in that behalf before mentioned, the same and every proceeding thereupon had, are hereby declared, and the same shall be null and void to all intents and purposes. or some officer of the stamp duties. Duties to be under the management of the commissioners of stamps. Duties and discounts to be paid and allowed as for XXIII. And be it further enacted, That for the better and more effectually levying and collecting the said duties, the same shall be under the government, care, and management of the commissioners for the time being appointed in Great Britain and Ireland respectively, to manage the duties on stamped vellum, parchment, and paper; who, or the major part of them, in Great Britain and Ireland respectively, are hereby required and empowered to do all other things necessary to be done for putting this act into execution, with relation to the said duties hereby granted, in the like and in as full and ample a manner as they or the major part of them were authorized to put in execution any law or laws concerning stamped vellum, parchment, and paper. XXIV. And be it further enacted, That the said duties shall be and are hereby made payable to his majesty, his heirs and successors; and the said duties and the several allowances, discounts, and sums of money, for or in respect of the same, mer duties and shall and may be respectively raised, levied, collected, answered, paid, recovered, discounts; and adjudged, accounted for, and applied and appropriated, mitigated and allowed, in provisions of former acts to such and the like manner, and in or by any or either of the general, or special extend to this ways, means, or methods, by which the duties upon newspapers, and discounts and act. Application of duties, allowances in respect thereof, under the management of the said commissioners of stamped vellum, parchment, or paper, are or may be raised, levied, collected, answered, paid, recovered, adjudged, mitigated and allowed; and the several persons and also all such pamphlets and papers, of what nature or kind soever, by this act made liable to the payment of duty, or entitled to any discount or allowance, shall be and the same are hereby made subject and liable to all and every the conditions regulations, rules, and restrictions, to which such persons and newspapers are generally or specially subject and liable by any act or acts of parliament in force before the passing of this act; and all and every pain, penalty, fine, or forfeiture for any offence whatever committed against or in breach of any act or acts of parliament now in force for securing the duties under the management of the said commissioners of stamped vellum, parchment, and paper, upon newspapers, or for the regulation or improvement of the said duties, and the several clauses, powers, provisions, directions, matters, and things therein contained, shall (except as the same or any of them are by this act altered or repealed) and are hereby directed and declared to extend to, and shall be respectively applied, practised, and put in execution for and in respect of the several duties charged, imposed, and allowed, in as full and ample a manner, to all intents and purposes whatsoever, as if all and every the said clauses, provisions, powers, restrictions, directions, fines, pains, penalties or, forfeitures, matters and things, were particularly repeated and re-enacted in the body of this act. XXV. And be it further enacted, that the monies arising from the duties hereby granted shall be paid into the receipt of the exchequer at Westminster and Dublin respectively, and shall be carried to and made part of the consolidated fund of the United Kingdom of Great Britain and Ireland. XXVI. Provided always, and be it further enacted, that nothing in this act shall Exceptions. extend to acts of parliament, proclamations, orders of council, forms of prayer and thanksgiving, and acts of state, ordered to be printed by his majesty, his heirs, or successors, or his or their sufficient and authorized officer; or to any printed votes or other matters by order of either House of Parliament; or to books commonly used in the schools of Great Britain or Ireland, or books or papers containing only matters of devotion, piety, or charity; or daily accounts; or bills of goods imported and exported; or warrants or certificates for the delivery of goods; and the weekly bills of mortality; or to papers containing any lists of prices current, or of the state of the markets, or any account of the arrival, sailing, or other circumstances relating to merchant ships or vessels; or of any other matter wholly of a commercial nature; provided such bills, lists or accounts do not contain any other matter than what hath been usually comprised therein; or to the printers or publishers of the foregoing matters, or any or either of them. lished in nura XXVII. Provided also, and be it further enacted, That nothing in this act con- Reprinted tained shall extend or be construed to extend to charge with stamp duties any work works repubreprinted and republished in parts or numbers, whether such work shall be wholly bere not reprinted or shall be republished in an abridged form; provided that the work so chargeable reprinted and republished shall have been first printed and published two years duty, c at the least previous to such reprinting and republication, and provided the said work was not first published in any parts or numbers. XXVIII. And be it further enacted, that this act may be altered, amended, or repealed, by any act to be passed in the present session of parliament. with stamp Act may be repealed or altered this setsion. INDEX TO VOL. XLI. INDEX TO DEBATES IN THE HOUSE OF LORDS. Blasphemous and Seditious Libels Bills, 343, 706, | Prince Regent's Speech on Opening the Session, 1. Barnstaple Election Writ, 1635. Demise of his Majesty King George the Third, 1593. Privilege, Question of, 1631. Seditious Meetings Prevention Bill, 1234, 1303, Seizure of Arms Bill, 343, 693, 748, 805. King George the Fourth, Message from, 1594, State of the Country, 418. 1599. King's Speech at the Close of the Session, 1642. Misdemeanors Bill, 679, 957, 1008. Mutiny Bill, 1636. Newspaper Stamp Duties Bill, 1582, 1589. State of the Disturbed Districts, 975. Supply; Resolutions of the Commons respecting Training Prevention Bill, 343, 578, 697. Writs Suspension Bill, 1697. INDEX TO DEBATES IN THE HOUSE OF COMMONS, Army Estimates, 1300. Bank of England, 514, 1449. Manchester Meeting, 357, 370, 508, 509, 887, Manufacturing Districts; State of the, 890, 1217. Blasphemous and Seditious Libels Bill, 1169, 1414, Marriage Act, 1445. Complaint of a Pamphlet, entitled, "A Trifling Orange Lodges in Ireland, 1392. Owen, Mr.; Motion respecting his Plan, 1189. Droits of Admiralty, 1615. Employment of the Poor, 1165. Fletcher, Colonel; Conduct of, 1445. Insolvent Debtors Bill, 1168, 1298, 1628. Penryn Bribery Bill, 814, 1297. Poor, Employment of the, 1165. Poor of Scotland; State of the, 1393. Prince Regent's Speech on the Opening of the Public Debt, 357. Queen, The; 1621, 1629. Reform of Parliament, 301, 757, 1091. King George the Fourth; Message from, 1596, Savings Banks, 1391. 1604. Scots Burghs, 1400. |