such Notice as aforesaid of being possessed of any Press, Engine, or
Machine for printing, and shall, within the respective Periods and
in the Manner herein-before limited and directed for that Purpose,
have delivered Lists and Notices of all or any of the periodical
Papers for the printing of which any such Press, Engine, or Machine
shall be used, shall be liable to any Penalty or Forfeiture under
this Act in respect of any Paper, the same not being a registered
Newspaper, truly specified in the last quarterly List delivered by
such Person, or in any Notice duly given by him since the Delivery
of the said List, by reason of such Paper having been printed with
any such Press, Engine, or Machine of the Possession of which such
Notice as aforesaid shall have been given, although such Paper may
be liable to Stamp Duty, and may have been printed on Paper not duly
stamped, unless the same shall be a registered Newspaper, or unless
the same shall have been so printed as aforesaid after Notice given
by the Commissioners of Stamps and Taxes, or some Officer of Stamp
Duties, in the Manner herein-after mentioned; (that is to say,)
provided always, that if a Notice signed by any One or more of the
Commissioners of Stamps and Taxes, or by any Officer of Stamp Duties,
shall be delivered to any Person possessed of any such Printing
Press, Engine, or Machine, or shall be left for him at the Place
mentioned in any Notice given by him as aforesaid as the Place of his
Abode, or the Place where such Printing Press, Engine, or Machine is
used for printing, informing him that any Paper is chargeable with
Stamp Duty as a Newspaper under this Act, then if the same shall be
so chargeable, and such Person shall after such Notice as aforesaid
continue to print such Paper, or any subsequent Part or Number
thereof, or any Paper of the like Nature, whether under the same or
any different Form or Title, or if after such Notice as aforesaid
such Person shall permit or suffer any Press, Engine, or Machine
belonging to him or in his Possession to be used for the printing of
any such Paper, Part, or Number as aforesaid, such Person shall be
liable to all the Penalties and Forfeitures imposed by this Act for
any Offence committed against any of the Provisions thereof, after
such Notice as aforesaid, without any further or other Notice or
Caution: Provided also, that every Person who shall neglect or omit
to give any such Notice or to deliver any such List as aforesaid
in the Manner and Form and within the Time herein-before directed
and limited in that Behalf, shall be liable to and chargeable with
all Penalties and Forfeitures imposed by this Act for any Offence
committed against the Provisions thereof, without any previous Notice
or Caution whatsoever.
s. 26. “And be it enacted, That all Actions and Prosecutions which
shall be brought or commenced against any Person for any thing done
in pursuance or under the Authority of this Act shall be commenced
and prosecuted within Three Calendar Months next after the Fact
committed, and not afterwards, and shall in _England_ or _Ireland_ be
brought and tried in the County or Place where the Cause of Action
shall arise, and not elsewhere, and shall in _Scotland_ be brought in
the Court of Exchequer; and Notice in Writing of such Action, and of
the Cause thereof, shall be given to the Defendant One Calendar Month
at least before the Commencement of the Action; and the Defendant in
such Action may plead the General Issue, and give this Act and any
other Matter or Thing in Evidence at any Trial to be had thereupon;
and if the Cause of Action shall appear to arise from any Matter
or Thing done in pursuance and by the Authority of this Act, or if
any such Action shall be brought after the Expiration of such Three
Calendar Months, or shall be brought in any other County or Place
than as aforesaid, or if Notice of such Action shall not have been
given in manner aforesaid, or if Tender of sufficient Amends shall
have been made before such Action commenced, or if a sufficient Sum
of Money shall have been paid into Court after such Action commenced
by or on behalf of the Defendant, the Jury shall find a Verdict for
the Defendant; and if a Verdict shall pass for the Defendant, or if
the Plaintiff shall become Nonsuit, or shall discontinue any such
Action, or if, on Demurrer or otherwise, Judgment shall be given
against the Plaintiff, the Defendant shall recover his full Costs of
Suit as between Attorney and Client, and shall have the like Remedy
for the same as any Defendant may have for Costs of Suit in other
Cases at Law.
s. 27. “And be it enacted, That all pecuniary Penalties under this
Act may be sued or prosecuted for and recovered for the Use of His
Majesty in the Name of His Majesty’s Attorney General or Solicitor
General in _England_ or _Ireland_, or of His Majesty’s Advocate
General or Solicitor General in _Scotland_, or of the Solicitor of
Stamps and Taxes in _England_ or _Scotland_, or of the Solicitor of
Stamps in _Ireland_, or of any Person authorized to sue or prosecute
for the same, by Writing under the Hands of the Commissioners of
Stamps and Taxes, or in the Name of any Officer of Stamp Duties,
by Action of Debt, Bill, Plaint, or Information in the Court of
Exchequer at _Westminster_ in respect of any Penalty incurred in
_England_, and in the Court of Exchequer in _Scotland_ in respect of
any Penalty incurred in _Scotland_, and in the Court of Exchequer in
_Dublin_ or by Civil Bill in the Court of the Recorder, Chairman,
or Assistant Barrister within whose local Jurisdiction any Offence
shall have been committed, in respect of any Penalty incurred in
_Ireland_, or in respect of any Penalty not exceeding Twenty Pounds
by Information or Complaint before One or more Justice or Justices
of the Peace in any Part of the United Kingdom, in manner by this
Act provided; and it shall not be lawful for any Person other than
as aforesaid to inform, sue, or prosecute for any such Penalty as
aforesaid, except where, in the Case of apprehending an Offender by
any Person appointed or authorised by the Commissioners of Stamps
and Taxes in that Behalf, it is by this Act otherwise expressly
provided and allowed; and it shall be lawful in all Cases for the
Commissioners of Stamps and Taxes, either before or after any
Proceedings commenced for Recovery of any such Penalty, to mitigate
or compound any such Penalty as the said Commissioners shall think
fit, and to stay any such Proceedings after the same shall have been
commenced, and whether Judgment may have been obtained for such
Penalty or not, on Payment of Part only of any such Penalty, with
or without Costs, or on Payment only of the Costs incurred in such
Proceeding, or of any Part thereof, or on such other Terms as such
Commissioners shall judge reasonable: Provided always, that in no
such Proceeding as aforesaid shall any Essoign, Protection, Wager
of Law, nor more than One Imparlance be allowed; and all pecuniary
Penalties imposed by or incurred under this Act, by whom or in whose
Name soever the same shall be sued or prosecuted for or recovered,
shall go and be applied to the Use of His Majesty, and shall be
deemed to be and shall be accounted for as Part of His Majesty’s
Revenue arising from Stamp Duties, any thing in any Act contained,
or any Law or Usage, to the contrary in anywise notwithstanding:
Provided always, that it shall be lawful for the Commissioners of
Stamps and Taxes, at their Discretion, to give all or any Part of
such Penalties as Rewards to any Person or Persons who shall have
detected the Offenders, or given Information which may have led to
their Prosecution and Conviction.
s. 28. “And be it enacted, That it shall be lawful for any Justice
of the Peace within whose Jurisdiction any Offence the Penalty for
which shall not exceed Twenty Pounds shall be committed against
this Act, and such Justice is hereby required, upon any Information
exhibited or Complaint made by any Person duly authorized in that
Behalf, to summon the Party accused and also the Witnesses on either
Side to be and appear before the said Justice or before any other
Justice of the Peace at a Time and Place to be appointed for that
Purpose, and whether the Party accused shall appear or not it shall
be lawful for the said Justice or any other Justice present at the
Time and Place appointed for such Appearance to proceed to examine
into the Fact, and upon due Proof made thereof to the Satisfaction
of any such Justice, either by Confession of the Party accused or by
the Oath of One or more credible Witness or Witnesses, to convict
such Offender, and to give Judgment for the Penalty and Costs to be
assessed by any such Justice, and to issue his Warrant for levying
such Penalty and Costs, and also the reasonable Costs and Charges
attending the Distress, on the Goods of such Offender, and to cause
Sale to be made thereof in case the same shall not be redeemed within
Five Days, rendering to the Party the Overplus, if any; and where
Goods sufficient cannot be found to answer such Penalty and Costs,
such Justice, or any other Justice of the District or Place in which
such Conviction shall take place, shall commit such Offender to the
Common Gaol or House of Correction, there to remain for any Time not
exceeding Three Calendar Months nor less than One Calendar Month,
unless such Penalty, Costs, and Charges shall be sooner paid and
satisfied; and if any Person shall find himself aggrieved by the
Judgment of any such Justice, it shall be lawful for such Person
to appeal against the same to the Justices at the next General or
Quarter Sessions of the Peace for the District or Place where the
Offence shall have been committed, which shall be held next after
the Expiration of Ten Days from the Day on which such Conviction
shall have been made, of which Appeal Notice in Writing shall be
given to the Prosecutor or Informer Seven clear Days previous to
the first Day of such Sessions; and it shall be lawful for such
Justices at such Sessions to examine Witnesses on Oath, and finally
to hear and determine such Appeal; and in case any Conviction of
such Justice shall be affirmed, it shall be lawful for the Justices
at such Sessions to award and order the Person convicted to pay
such Costs occasioned by such Appeal as to them shall seem meet:
Provided always, that no Person convicted before any such Justice
shall be entitled or permitted to appeal against such Conviction in
manner aforesaid unless within Three Days after such Conviction made
he shall enter into a Recognizance, with Two sufficient Sureties,
before such Justice, to enter and prosecute such Appeal, and to
pay the Amount of the Penalty and Costs in which he shall have been
convicted, and also such further Costs as shall be awarded in case
such Conviction shall be affirmed on such Appeal; provided also, that
no such Proceedings so to be taken as aforesaid shall be quashed
or vacated for Want of Form, or shall be removed by Certiorari,
Suspension, Advocation, or Reduction, or by any other Writ or
Process whatsoever into any Superior or other Court or Jurisdiction
in any Part of the United Kingdom, any Law, Statute, or Usage to
the contrary notwithstanding; and provided also, that it shall be
lawful for any Justice of the Peace before whom any Person shall be
convicted of any Offence against this Act to mitigate as he shall see
fit any pecuniary Penalty by this Act imposed in Cases where such
Justice shall see cause so to do; provided that all reasonable Costs
and Charges incurred as well in discovering as in prosecuting for
such Offence shall be always allowed, over and above the Sum to which
such Penalty shall be mitigated, and provided that such Mitigation
do not reduce the Penalty to less than One Fourth of the Penalty
incurred, exclusive of such Costs and Charges, any thing herein
contained to the contrary notwithstanding.
s. 29. “And be it enacted, That the Justice before whom any Person
shall be convicted of any Offence under this Act shall cause the
Conviction to be made out in the Manner and Form following, or in any
other Form of Words to the like Effect, _mutatis mutandis_; (that is
to say,)
‘County of ______ to wit.
‘Be it remembered, that on the ______ Day of ______ in the Year of
our Lord ______ at ______ _A. B._ of ______ was duly convicted before
me, _C. D._ Esquire, one of His Majesty’s Justices of the Peace for
the County of ______ in pursuance of an Act passed in the Seventh
Year of the Reign of King _William_ the Fourth, intituled [_Title
of this Act_], for that the said _A. B._ [here state the Offence],
contrary to the Form of the Statute in that Case made and provided,
for which Offence I do adjudge that the said _A. B._ hath forfeited
the Sum of ______ and [_if the Justice mitigate the Penalty_]
which Sum of ______ I do hereby mitigate to the Sum of ______ over
and above the Sum of ______ which I do allow to _E. F._ for his
reasonable Costs and Expences in prosecuting this Conviction. Given
under my Hand and Seal this ______ Day of ______.’
s. 30. “And be it enacted, That it shall be lawful for any Justice
of the Peace to summon any Person to appear before such Justice or
before any other Justice of the Peace to give Evidence touching any
Offence against the Provisions of this Act; and if any Person who
shall be so summoned shall neglect or refuse to appear, according
to the Exigency of such Summons, at the Time and Place therein for
that Purpose named, without reasonable Matter of Excuse to be stated
upon Oath and proved to the Satisfaction of such Justice before whom
any Information or Complaint shall be depending or shall have been
made touching any such Offence as aforesaid, or if such Person having
appeared shall refuse to give Evidence respecting any such Offence
or other Matter as aforesaid, then every Person so offending shall
forfeit Ten Pounds.
s. 31. “And be it enacted, That in any Proceeding either in any
Court, or before any Justice of the Peace, or otherwise, under this
Act, or for summoning any Party, Witness, or other Person in or for
the Purpose of any such Proceeding, it shall not be necessary that
the original or any other Process or Summons, or any Notice, Demand,
or Order whatsoever, should be personally served on the Defendant or
Person to be summoned, but it shall be sufficient that such Process,
Summons, Notice, Demand, or Order, or a Copy thereof respectively, be
left at the last known Place of Abode of such Defendant or Person to
be summoned.
s. 32. “And be it enacted, That the several Acts and Parts of Acts
herein-after mentioned, or so much and such Part and Parts thereof
as are now in force, and the Stamp Duties thereby granted, or such
of them as are now payable upon or in respect of Newspapers, shall
respectively remain and continue in force and be payable until and
upon the Fourteenth Day of _September_ One thousand eight hundred
and thirty-six, and shall from thenceforth cease, determine, and be
repealed, (that is to say,) the several Acts and Parts of Acts passed
in the Parliaments of _Great Britain_ herein-after specified; namely,
“So much of an Act of the Tenth Year of the Reign of Queen
_Anne_, [c. 19.] passed for the Purpose (amongst other Things) of
laying Duties upon several Kinds of stamped Vellum, Parchment,
and Paper, and upon certain printed Papers, Pamphlets, and
Advertisements, as relates in any Manner to the Stamp Duties on
Newspapers or the Duties on Advertisements, or as imposes any
Penalty with relation to the said Duties or either of them:
“And so much of an Act of the Eleventh Year of the Reign of King
_George_ the First, [c. 8.] passed for the Purpose (amongst other
Things) of explaining the said last-mentioned Act in relation to
the Stamp Duties on Newspapers, as in any Manner relates to the
Stamp Duties on Newspapers:
“And so much of an Act of the Sixteenth Year of the Reign of King
_George_ the Second, [c. 26.] passed for the Purpose (amongst
other Things) of punishing the Vendors of unstamped Newspapers,
as in any Manner relates to such Purpose:
“And so much of an Act passed in the Fifth Year of the Reign of
King _George_ the Third, [c. 46.] intituled _An Act for altering
the Stamp Duties upon Admissions into Corporations or Companies,
and for further securing and improving the Stamp Duties in_ Great
Britain, as requires Security to be given to His Majesty for
Payment of the Duties on Advertisements:
“And the whole of an Act passed in the Thirteenth Year of the
Reign of the said King _George_ the Third, [c. 65.] intituled
_An Act for explaining Two Acts made in the Eleventh Fear of the
Reign of King George the First and the Thirtieth Year of the
Reign of His late Majesty in relation to the Stamp Duties upon
Newspapers_:
“And so much of an Act of the Sixteenth Year of the Reign of the
said King _George_ the Third, [c. 34.] passed for the Purpose
(amongst other Things) of granting several Rates and Duties upon
Indentures, Leases, Bonds, and other Deeds, and upon Cards, Dice,
and Newspapers, as in any Manner relates to Newspapers or to the
Stamp Duties thereon:
“And so much of an Act of the Twentieth Year of the Reign of
the said King _George_ the Third, [c. 28.] passed for the
Purpose (amongst other Things) of granting additional Duties on
Advertisements, as relates to such Duties:
“And so much of an Act passed in the Twenty-ninth Year of the
Reign of the said King _George_ the Third, [c. 50.] for granting
additional Stamp Duties on Newspapers, Advertisements, Cards, and
Dice, as in any Manner relates to Newspapers or Advertisements,
or to the Duties thereon respectively:
“And the whole of an Act passed in the Thirty-fourth Year of the
Reign of the said King _George_ the Third, [c. 72.] intituled _An
Act to enable the Commissioners of His Majesty’s Stamp Duties to
stamp the Paper used for printing Newspapers thereon in Sheets of
Single Demy Paper instead of Sheets of Double Demy Paper_:
“And so much of an Act of the Thirty-seventh Year of the said
King _George_ the Third, [c. 90.] passed for the Purpose (amongst
other Things) of granting certain Stamp Duties on the several
Matters therein mentioned, as in any Manner relates to Newspapers
or to the Duties thereon, or to any Discount or Allowance in
respect of the said Duties:
“And the whole of an Act passed in the Thirty-eighth Year of the
Reign of the said King _George_ the Third, [c. 78.] 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 the whole of Two several Acts passed in the Parliaments of
_Ireland_ herein-after specified; (that is to say,)
“An Act passed in the Twenty-third and Twenty-fourth Years of the
Reign of the said King _George_ the Third, [c. 28.] intituled _An
Act to secure the Liberty of the Press by preventing the Abuses
arising from the Publication of traitorous, seditious, false, and
slanderous Libels by Persons unknown_:
“And an Act passed in the Thirty-eighth Year of the Reign of
the said King _George_ the Third, [c. 7.] for amending the said
last-mentioned Act:
And the several Acts and Parts of Acts passed in the Parliaments of
the United Kingdom of _Great Britain_ and _Ireland_ herein-after
specified; (that is to say,)
“So much of an Act passed in the Fortieth Year of the Reign of
the said King _George_ the Third, intituled _An Act to revive,
amend, continue, or make perpetual certain temporary Statutes_,
as makes perpetual or otherwise relates to the said Act passed
in the Parliament of _Ireland_ in the Thirty-eighth Year of the
Reign of the said King:
“And so much of an Act passed in the Forty-first Year of the
Reign of the said King _George_ the Third, [c. 10.] for granting
certain additional Stamp Duties, as in any Manner relates to the
Stamp Duties on Newspapers, or to any Discount or Allowance in
respect of the said last-mentioned Stamp Duties:
“And so much of an Act passed in the Forty-fourth Year of the
Reign of the said King _George_ the Third, [c. 98.] intituled
_An Act to repeal the several Duties under the Commissioners for
managing the Duties upon stamped Vellum, Parchment, and Paper in_
Great Britain, _and to grant new and additional Duties in lieu
thereof_, as in any Manner relates to Newspapers or to the Duties
thereon, or to any Discount or Allowance in respect of the said
Duties:
“And the whole of an Act passed in the Forty-ninth Year of the
Reign of the said King _George_ the Third, [c. 50.] intituled
_An Act to amend so much of an Act made in the Thirty-seventh
year of His present Majesty, for granting to His Majesty certain
Stamp Duties, as relates to the Limitation according to which the
Discount on Newspapers is regulated_:
“And the whole of an Act passed in the Fifty-fifth Year of the
Reign of the said King _George_ the Third, [c. 80.] intituled _An
Act to provide for the Collection and Management of Stamp Duties
on Pamphlets, Almanacks, and Newspapers in_ Ireland:
“And so much of another Act passed in the said Fifty-fifth Year
of the Reign of the said King _George_ the Third, [c. 185.]
intituled _An Act for repealing the Stamp Office Duties on
Advertisements, Almanacks, Newspapers, Gold and Silver Plate,
Stage Coaches and Licences for keeping Stage Coaches, now payable
in_ Great Britain, _and for granting new Duties in lieu thereof_,
as in any Manner relates to Newspapers or the Duties thereon, or
to any Discount or Allowance in respect of the said Duties:
“And so much of an Act passed in the Fifty-sixth Year of the
Reign of the said King _George_ the Third, [c. 56.] 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 collecting and managing the
said Duties_, as in any Manner relates to Newspapers or to the
Duties thereon, or to any Discount or Allowance in respect of the
said Duties:
“And so much of an Act passed in the Sixtieth Year of the Reign
of the said King _George_ the Third, [c. 9.] intituled _An Act
to subject certain Publications to the Duties of Stamps upon
Newspapers, and to make other Regulations for restraining the
Abuses arising from the Publication of blasphemous and seditious
Libels_, as subjects any Newspaper or other Paper or Pamphlet to
any Stamp Duty:
“And the whole of an Act passed in the Sixth Year of the Reign of
His late Majesty King _George_ the Fourth, [c. 119.] intituled
_An Act to allow Newspapers to be printed upon Paper of a larger
Size than is now allowed, and to reduce the Stamp Duties now
payable upon Supplements to Newspapers and other Papers in_ Great
Britain:
“And so much of an Act passed in the Third and Fourth Years of
the Reign of His present Majesty, [c. 23.] intituled _An Act
to reduce the Stamp Duties on Advertisements and on certain
Sea Insurances, to repeal the Stamp Duties on Pamphlets and on
Receipts for Sums under Five Pounds, and to exempt Insurances
on Farming Stock from Stamp Duties_, as provides the Mode of
collecting the Duty on Advertisements contained in or published
with any Pamphlet, periodical Paper, or literary Work:
“And the whole of an Act passed in the Fifth Year of the Reign
of His present Majesty, [c. 2.] intituled _An Act to amend an
Act of the Thirty-eighth Year of King_ George _the Third, 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 to discontinue certain Actions commenced
under the Provisions of the said Act_:
And the said several Acts and Parts of Acts herein-before specified
shall be and the same are hereby repealed accordingly, save and
except only so far as is herein in that Behalf provided.
s. 33. “Provided always, and be it enacted, That nothing in this Act
contained shall extend or be construed to extend to repeal any of
the herein-before mentioned Acts or Parts of Acts with respect to
any Duty or Arrears of any Duty whatsoever which before or upon the
said Fourteenth Day of _September_ One thousand eight hundred and
thirty-six shall have accrued and been incurred under or by virtue
of the said Acts or Parts of Acts, or any of them respectively,
and which shall then or at any Time afterwards be or become due or
payable and remain in arrear and unpaid, or with respect to any Fine,
Penalty, or Forfeiture or Punishment incurred and not recovered
or suffered for or in respect of any Offence or Crime committed
or to be committed against the said several Acts or Parts of Acts
respectively, or any of them, upon or before the said Fourteenth Day
of _September_ One thousand eight hundred and thirty-six, or with
respect to any Proceedings, Civil or Criminal, commenced or to be
commenced against any Person for the Recovery of any such Arrears
of Duty, or of any such Fine, Penalty, or Forfeiture, or for the
Infliction of any such Punishment as aforesaid, but that all such
Arrears of Duty, Fines, Penalties, Forfeitures, and Punishments shall
and may respectively be sued or prosecuted for, recovered, obtained,
and inflicted, by the same Ways and Means and in such and the same
Manner as if this Act had not been passed: And provided also, that
nothing in this Act contained shall extend or be construed to extend
to repeal any of the said herein-before mentioned Acts or Parts
of Acts so far as the same or any of them repeal the Whole or any
Part of any other Act or Acts; and that no Matter or Thing whatever
in this Act contained shall revive or be construed to revive, for
any Period or Purpose whatsoever, any Act or Acts, or any Part of
any Act or Acts, which before the passing of this Act shall have
expired, or which by any Act or Acts passed before the passing of
this Act shall have been repealed, and that the Repeal of any Act or
Acts herein-before mentioned, or any other Matter or Thing in this
Act contained, shall not extend or be construed to extend to repeal
or annul or in any way to affect any Indemnity granted under or by
virtue of any Act or Acts so repealed.