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any matter by this act required to be set forth, he shall be liable to the penalties of perjury. And by s. 9. all

such affidavits, &c. shall be filed and kept in such manAffidavit, &c. filed, how far

ner as the said commissioners shall direct, and the same, or copies thereof certified to be true copies as hereinafter is mentioned, shall, in all proceedings, civil and criminal, touching any newspaper, &c. be conclusive evidence of the truth of all matters set forth in such affidavits, &c. against every person who shall have signed, &c. such affidavits, &c. and shall also be received as sufficient evidence of the truth of such matters against

every person who shall not have signed, &c. the same, Proviso.

but who shall be therein mentioned to be a proprietor, printer, or publislier of such newspaper, &c. unless the contrary be satisfactorily proved : Provided that if any such person against whom any such affidavit, &c. or copy thereof, shall be offered in evidence, shall prove that he liath signed, &c. and delivered to the said commissioners, or sucii officer as aforesaid, previous to the date or publication of the newspaper, &c. to which the proceedings shall relate, an affidavit, &c. that he hath ceased to be the printer, &c. of such newspaper, &c. such person shall not be deemed to have been the printer, &c. thereof, after the day on which such affidavit, &c. shall be so delivered. By s. 10. in some part of every newspaper, &c.there

shall be printed the true name, addition, and place of scription of prin- abode of the printer and publisher of the same, and also ter, 6*c. tu ap

a true description of the place where the same is printed; newspaper, &c. and any person who shall knowingly and wilfully print


or publishi, (or' cause, &c.) any such newspaper, &c. not containing such particulars, shali forfeit £100; and proof made in manner herein-mentioned in any proceeding to recover the same, that the party is a printer or publisher of a newspaper, &c. so printed, &c. shall be taken as proof that such party is a person wilfully and knowingly printing, &c. the same, unless he shall satisfactorily prove the contrary. And by s. 11. it shall

not be necessary after any such affidavit, &c. or certified ruulence of pub- copy thereof, shall have been produced in evidence as lishing, recover' chepe aforesaid, and after a newspaper, &c. shall be produced, nalives of this intitled in the same manner as the newspaper, &c. men

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3. 12.

What shall be

tioned in such affidavit, &c. and wherein the name of the printer and publisher, and place of printing, shall be the same, as the name and place mentioned in such affidavit, &c. for the plaintiff, informant, or prosecutor, or person seeking to recover any of the penalties given by this act, to prove that the newspaper, &c. was purchased at any house, shop, or office belonging to or occupied by the defendant, or by his servants or workmen, or where he, or his servants, &c. usually carry on the business of printing or publishing such paper, or where the same is usually sold. By s. 12. service at the house or place mentioned in such affidavit, &c. as the house, &c. at which such newspaper, &c. is printed or good service of published, or intended to be, of any legal notice, sum- upon printers,


, mons, subpæna, rule, order, or process, or to enforce &c. an appearance in any suit or proceeding, civil or criminal, against any printer, publisher, or proprietor of any such newspaper, &c. shall be deemed to be good service against all persons named in such affidavit, &c.

Frwise. as the printers, &c. thereof: provided that if any such person shall have signed, &c. and delivered to the said commissioners or such officer as aforesaid, previous to the date or publication of such newspaper, &c, an affidavit, &c. that he hath ceased to be the printer, &c. thereof, and shall make proof thereof, he shall not be deemed to be the printer, &c. after the day on which such affidavit, &c. shall have been so delivered. By s. 13. the commissioners or officers by whom such affidavits, &c. shall be kept according to this act, shall, upon

Certified conies application of any person requiring a copy of any affi- of affidavits hou davit, &c. in order that the same may be produced in any civil or criminal proceeding, deliver to such person a certified copy, upon payment of 1s. And by s. 14. a copy of any such affidavit, &c. certified under the

Certified comes hand of one or more of said commissioners or officers evidence. in whose possession the same shall be, shall, upon proof that such certificates have been signed with the handwriting of the person making the same, and whom it shall not be necessary to prove to be a commissioner, &c.) be received as sufficient proof of such affidavit, &c. and that the same was duly sworn, &c. according to this



s. 13.


s. 14.

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S. 16.

s. 17.

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delivered to the

act, and of the contents thereof. By s. 15. persons, not Penalty for not being such commissioner or officers as aforesaid, who giving certif. shall give such certificates as aforesaid, shall forfeit £100.

And by s. 16. any person who shall knowingly and falsely Penalty for false certify that any affidavit, &c. was 'duly signed, &c. or certificare.

that any copy is a true copy, shall forfeit £100. By s. 17. the printer or publisher of every newspaper, &c.

shall, upon every day on which the same shall be pubof every news lished, or within 6 days after, deliver to the commispaper, cc. to be sioners of stamps at their head office, or to some officer commissioners of to be appointed by them, one of the papers so pub. stamps.

Jished upon each day, signed by the printer or publisher thereof, in his handwriting, with his name and place of abodes; and the same shall be carefully kept by the commissioners, &c. and such printer, &c. shall be entitled to receive from the commissioners, &c. once in 6 days, the ordinary price of the newspapers, &c. so delivered; and any printer, &c. who shall neglect to

deliver one such newspaper, &c. as aforesaid, shall forPenalty for de- 'feit £100; and in case any person shall make applibull.

cation to the commissioners, or officer, as aforesaid, in order that such newspaper, &c. so signed by the printer or publisher, may be produced in evidence in any proceeding, civil or criminal, the commissioners, &c. shall,

at the expense of the party applying, at any time within Such impressions 2 years from the publication thereof, cause the same to how given in evi

be produced in court, or deliver the same to the party applying, taking reasonable security, ai his expense, for returning the same; and in case, by reason that the same shall have been previously required by any other person to be produced in any court, or hath been previously delivered to any other person for the like purpose, the same cannot be produced at the time required, &c. in such case the commissioners, &c. shall cause the same to be produced, or shall deliver the same as soon as they are enabled so to do. By s. 24. if any person

shall print or publish, (or cause, &c.) in any newspaper, Penalty for se- &c. that shall be printed, &c. in England, any matter ditious publicatuns under pre- having a tendency to excite hatred and contempt of the tence of being taken from for person of his majesty, and of the constitution and goreign papers.


$. 24.


s 25.

$. 28.

vernment established in these kingdoms, as having been previously printed, &c. in some foreign paper, which hath not been so previously printed, &c. such person shall, being convicted thereof, be committed to prison for any time not exceeding 12 nor less than 6 months, and be liable to such other punishment as may be inflicted in cases of high misdemeanor ; and in every proceeding against any person in respect of his having so printed or published any such matter, it shall be incumbent upon the person against whom such proceeding shall be, to make proof that the same had been previously printed, &c. in some foreign paper or print. Provided (s. 25.) that if such proof shall be made, the publication respecting

Prociso. which such proceeding shall be had, shall be deemed to be of such nature in the law, as if this act had not been made. By s. 28. if any person shall file any bill for the discovery of the names of any persons concerned in

Discovery of the property of, or as printers, editors, or publishers of, names, &c. of or otherwise, in any newspaper, &c. or of any matters enforced in equir

printers, &c. relative to the printing or publishing thereof, to enable ty. him to bring or carry on any suit for damages alleged to be sustained by reason of any slanderous or libellous matter contained in such newspaper, &c. respecting such person, it shall not be lawful for the defendants to plead or demur to such bill, but they shall be compellable to make the discovery required: provided that such discovery shall not be made use of against the defendants, save only in that proceeding in which the discovery is made. By s. 29. all penalties which shall exceed £20. (except where this act hath otherwise directed) shall be

Penalles 24120 recovered by action of debt, &c. in any court of record recovered. at Westminster, or the courts of great session in Wales, or the court of the counties palatine, [*or in the court of session, or court of exchequer in Scotland;] and all penalties which shall not exceed £20. shall, on proof upon oath of the offence, before any justice of peace of the county, &c. where the offence shall be cominitted, be levied by distress, &c. and for want of sufficient distress, such justice shall, in all cases where no parti

* The clauses of this act which have been abridged, do not (by s. 31.) extend to Scotland,


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S. 30.

51 Geo. 3.c. 65. s. 1. G. B.

S9 Geo.3.c.79.

$. 2.

calar time of commitment is herein-before directed, commit such offender to the common gaol of the county, &c. for any time not exceeding 3 months; and one moiety of all fines shall be to the king, and the other to him who shall sue for the same, except where the

application is otherwise directed by this act. ' By s. 30. Convictions final no order or conviction made in pursuance of this act

shall be removed by certiorari, [*advocation or suspension).

P.665.1.12.—The 51 Geo.3.c. 65. G.B. provides, that

nothing in the 27th section of the 39 Geo. 3. c. 79. Eng. Penalties in

(vide p. 663.) shall extend to make any person offending s. 27. limited. against the same liable to more than 25 pénalties for

printing, publishing, or dispersing, or assisting in publishing or dispersing any number of copies of the same paper or book, contrary to the said section of said act,

And by s. 2. any magistrate before whom any person Penalties of

shall be convicted of any offence against said act, may, said act may be if he shall see cause, mitigate the penalty to any sum mitigated.

not less than £5. above all reasonable costs incurred in

the prosecution. By s. 3. it is declared and enacted, Name and resi

that nothing in the 39 Geo. 3. c. 79. or in this act, shall dence of printer extend to require the name and residence of the printer printed on bank to be printed upon any bank-note, bank post bill, bill notes, &'c.

of exchange, or promissory note, or upon any bond or other security for payment of money ; or upon any bill of lading, policy of insurance, letter of attorney, deed or agreement; or upon any transfer or assignment of any public stocks, funds, or other securities, or of the stocks of any public corporation or company authorized by act of parliament, or upon any dividend warrant of or for any such public or other stocks, funds, or securities; or upon any receipt for money or goods; or upon any proceeding in any court of law or equity, or in any inferior court ; warrant, order, or other paper,

, printed by the authority of any board or public officer in the execution of the duties of their respective offices; notwithstanding the whole or any part of the said several

securities, proceedings, &c. shall bave been printed. $. 4. By s. 4. any person who shall think himself aggrieved


S. 3.

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