s. 25. “And be it enacted. That no Person who shall have duly given

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.

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