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 and Papers containing any
Public News, Intelligence or Occurrences, or any Remarks or
Observations thereon, or upon any Matter in Church or State;
printed in any Part of the United Kingdom for Sale, and published
periodically, or in Parts or Numbers, at Intervals not exceeding
Twenty-six Days between the Publication of any Two such 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 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 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 Majesty, 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;’ and of an Act passed in the Fifty-sixth
Year of the Reign of His present 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.
s. 2. “And be it further enacted, That no Quantity of Paper
less than a Quantity equal to Twenty-one Inches in Length and
Seventeen Inches in Breadth, in whatever Way or Form the same may
be made, or may be divided into Leaves, or in whatever Way the
same may be printed, shall be deemed or taken to be a Sheet of
Paper within the Meaning and for the Purposes of this Act.
s. 3. “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.
s. 4. “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 Intervals
exceeding Twenty-six Days between any Two such Pamphlets or
Papers, Parts or Numbers, and which said Pamphlets, Papers, Parts
or Numbers respectively, shall not exceed Two Sheets, or which
shall be published for Sale at a less Price 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, 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.
s. 5. “And be it further enacted, That upon every Pamphlet or
Paper containing any Public News, Intelligence or Occurrences, or
any Remarks or Observations thereon or upon any Matter in Church
or State, printed in any Part of the United Kingdom for Sale,
and published periodically, or in Parts or Numbers, at Intervals
not exceeding Twenty-six Days between the Publication of any Two
such Pamphlets or Papers, Parts or Numbers, and upon every Part
or Number thereof, shall be printed the full Price at which every
such Pamphlet, Paper, Part, or Number shall be published for
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 Sixpence, every such Person
shall for every such Offence forfeit and pay the Sum of Twenty
Pounds.
s. 6. “Provided always, and be it further enacted, That nothing
in this Act contained shall extend or be construed to extend
to subject any Person publishing any Pamphlet or Paper to any
Penalty for any Allowance in Price made by the Person for whom
and on whose Behalf, and for whose Profit, Benefit or Advantage,
the same 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.
s. 7. “And be it further enacted, That all Pamphlets and Papers
which are by this Act declared to be subject to the Stamp Duties
upon Newspapers, shall be freed and discharged from all the
Stamp Duties and Regulations contained in any Act of Parliament
relating to Pamphlets.
s. 8. “And be it further enacted, That no Person, from and
after Thirty Days after the passing of this Act shall print or
publish for Sale, any Newspaper, or any Pamphlet or other Paper
containing any Public News, Intelligence, or Occurrences, or any
Remarks or Observations thereon, or upon any Matter in Church
or State, which shall not exceed Two Sheets, or which shall be
published for Sale at a less Price than Sixpence, until he or
she shall have entered into a Recognizance before a Baron of the
Exchequer, in _England_, _Scotland_, or _Ireland_ respectively,
as the Case may be, if such Newspaper or Pamphlet, or other Paper
aforesaid, shall be printed in _London_ or _Westminster_, or in
_Edinburgh_ or _Dublin_, or shall have executed in the Presence
of, and delivered to some Justice of the Peace for the County,
City, or Place 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
at 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 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.
s. 9. “Provided always, and be it further enacted, That in every
Case in which any Surety or Sureties in any such Recognizance
or Bond shall have been required to pay and shall have paid the
whole or any Part of the Sum for which he, she, or they shall
have become Surety; or in case any such Surety or Sureties shall
become Bankrupt, or be discharged under any Insolvent Act;
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, upon being required so to do by the Commissioners
of Stamps for _Great Britain_ 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.
s. 10. “Provided always, and be it further enacted, That if any
Surety or Sureties shall be desirous of withdrawing from such
Recognizance or Bond, it shall and may be lawful to and for him
or them so to do, upon giving Twenty Days previous Notice in
Writing to the said Commissioners of Stamps respectively, or
to the Distributor of 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
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 or Bond; and 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.
s. 11. “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.
s. 12. “And be it further enacted, That Lists of all the
Recognizances which shall have been entered into in the
respective Courts of Exchequer in _England_, _Scotland_, or
_Ireland_, shall, Four Times in each Year, be transmitted to the
Commissioners managing the Stamp Duties in _Great Britain_ and
_Ireland_ respectively, as the Case may be, by the respective
Officers recording such Recognizances in such respective Courts;
and all Bonds executed under the Provisions of this Act, shall,
within Ten Days at the furthest after the Execution thereof, be
transmitted to the Commissioners respectively, by the Justices of
the Peace to whom the same shall have been respectively delivered.
s. 13. “And whereas the Printer or Publisher of any Newspaper,
and of any Pamphlet and Paper hereby enacted to be deemed and
taken to be a Newspaper, will, after the passing of this Act, be
bound, under and by virtue of the Provisions contained in the
said Acts made and passed in the Thirty-eighth and Fifty-fifth
Years of His Majesty’s Reign respectively, to deliver to the
Commissioners of Stamps in _Great Britain_ and _Ireland_
respectively, or some Distributor of Stamps or other Officer,
on the Day on which the same is published, or within a certain
Time afterwards, One of the Newspapers, Pamphlets, or Papers so
published, signed as in the said 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.
s. 14. “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 aforesaid, for
or on account of the same not being within the true Intent and
Meaning of this Act, such Commissioners, Distributor, or Officer
shall, if required so to 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.
s. 15. “And be it further enacted, That if any Person shall sell
or expose to sale any Pamphlet or other Paper not being duly
stamped, if required to be stamped, such Person shall, for every
such Offence, forfeit the Sum of Twenty Pounds.
s. 16. “And be it declared and enacted, That it shall be lawful
for any of His Majesty’s Courts of Record at _Westminster_ or
_Dublin_, or of Great Session in _Wales_, or any Judge thereof
respectively, or for any Court of Quarter or General Sessions
of the Peace, or for any Justice of the Peace before whom any
Person charged with having 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
Condition 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.
s. 17. “And be it further enacted, That all Fines, Penalties, and
Forfeitures by this Act imposed, shall be recovered by Action
of Debt, Bill, Plaint, or Information in any 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.
s. 18. “And be it further enacted, That it shall be lawful
for any Two or more Justices of the Peace, in all Cases in
which they are authorized to hear and determine any Offence or
Offences which shall be committed against this Act, or any 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 bear 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 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.
s. 19. “And be it further enacted, That if any Person shall be
summoned as a Witness to give Evidence before such Justices of
the Peace, touching any such Offence, 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, 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.
s. 20. “And be it further enacted, That the Justices before whom
any Offender shall be convicted as aforesaid, shall cause the
said 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 ______ at ______ _A. B._ of ______
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 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_] contrary to the Form of
the Statute in that Case made and provided; for which Offence
we do adjudge that the said _A. B._ hath forfeited the Sum of
______ ; and [_if the_ ______ _Justices mitigate the Penalty_]
which Sum of ______ we do hereby mitigate to the Sum of ______.
Given under our Hands and Seals, this ______ Day of ______.’
s. 21. “And be it further enacted, That no Order or Conviction
made in pursuance of this Act by any Justices of the Peace,
shall be removed by Certiorari, Advocation, or Suspension into
any Court whatever; and that no Writ of Certiorari, Advocation,
or Suspension shall supersede Execution or other Proceedings
upon any such Order or Conviction, but that Execution and other
Proceedings shall be had thereupon, any such Writ or Writs or
Allowance thereof notwithstanding.
s. 22. “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 any Person or Persons, for the Recovery
of any Fine, Penalty, or Forfeiture made or 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.
s. 23. “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.