then and in every such Case the Person for whom such Surety or cognisance or Sureties shall have been bound, shall not print or publish any Bond with Newspaper or Pamphlet, or other Paper aforesaid, until he or Sureties to be she shall, upon being required so to do by the Commissioners of given. Stamps for Great Britain and Ireland respectively, have entered into a new Recognisance, 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 Recognisance, 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.

upon giving

Penalty 201. X. Provided always, and be it further enacted, That if any Sureties may Surety or Sureties shall be desirous of withdrawing from such withdraw from Recognisance or Bond, it shall and may be lawful to and for him Recognisance or them so to do, upon giving Twenty Days previous Notice in (Exception) Writing to the said Commissioners of Stamps respectively, or to Notice. 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 Recognisance, 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 Recognisance or Bond; and that then and in every such Case, the Person for New Recogwhom such Surety or Sureties shall have been bound, shall not nisance to be print or publish any Newspaper or Pamphlet, or other Paper afore- entered into. said, until he or she shall have entered into a new Recognisance, 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 Recognisance or Bond as aforesaid, he or she shall for every such Offence forfeit the Sum of Twenty Pounds.

XI. 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.

Penalty 201. Bonds free from Stamp Duty.

Lists of Recognisances, &c.

transmitted to Commissioners

XII. And be it further enacted, That Lists of all the Recognisances 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 of Stamps in Stamp Duties in Great Britain and Ireland respectively, as the England, ScotCase may be, by the respective Officers recording such Recogni- land, and Iresances in such respective Courts; and all Bonds executed under land respectthe Provisions of this Act shall, within Ten Days at the furthest after the Execution thereof, be transmitted to the said Commissioners respectively, by the Justices of the Peace to whom the same shall have been respectively delivered.

XIII. 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

D 3

con

ively.

Reasons for passing this

Enactment.

38 G. 3. c. 78. and

56 G 3. c. 56. Delivery by Printer of Newspapers, &c. to be made to the Commis

sioners of Stamps.

Penalty 1001 Commissioners refusing to take Pamphlets, &c. to give Certificate thereof, and thereupon Printer, &c. free from Penalty.

Selling Papers not stamped, Penalty 201

Recognisance, in case of Libel,

⚫ 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 Handwriting, 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 hereinbefore directed, such Printer and Publisher shall, for every such Neglect respectively, forfeit and lose the Sum of One hundred Pounds.

XIV. 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.

XV. 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.

XVI. 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, to be of good or for any Court of Quarter or General Sessions of the Peace, or Behaviour, as for any Justice of the Peace before whom any Person charged with well as to aphaving printed or published any blasphemous, seditious or mali- pear to answer. cious Libel, shall be brought for the purpose of giving Bail upon such Charge, to make it a Part of the Condition of the Recognisance 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 Recognisance.

XVII. And be it further enacted, That all Fines, Penalties Recovery of and Forfeitures by this Act imposed, shall be recovered by Action Penalties. 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, Proviso as to that no larger Amount in the Whole than One hundred Pounds Amount. 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.

Offences:

XVIII. And be it further enacted, That it shall be lawful for Two Justices any Two or more Justices of the Peace, in all Cases in which they may determine are authorised 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 Examination of the Party accused in not appearing, to proceed to the Exam- upon Oath. ination 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 Party not payimmediately pay the said Penalty or Penalties, to commit the Of- ing Penalty; fender to Prison, there to remain for any Time not exceeding Six Imprisonment. 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 Appeal upon the Justices of the Peace at the next Quarter or General Sessions Security. 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,

D 4

that

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.

XIX. 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.

XX. 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 BE it remembered, That on

to wit.

at

A. B. of

in

was duly convicted before us, of His Majesty's Justices of the Peace for 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 Čase 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
under our Hands and Seals, this

Day of

Given

XXI. 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.

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 any Person or Persons, for the Recovery of any Fine, Penalty or Forfeiture made or incurred by virtue of this Act, unless

the

Duties.

the same be commenced, prosecuted, entered or filed in the Name Scotland, or of His Majesty's Attorney General in that Part of Great Britain some Officer of called England, or in the Name of His Majesty's Attorney Ge- the Stamp neral 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.

XXIII. And be it further enacted, That for the better and more Duties under effectually levying and collecting the said Duties, the same shall be Management of under the Government, Care and Management of the Commis- Commissioners sioners for the time being appointed in Great Britain and Ireland of Stamps. 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 authorised to put in Execution any Law or Laws concerning Stamped Vellum, Parchment and Paper.

Duties and Discounts to be paid and

allowed as former Duties

this Act.

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, shall and may be respectively raised, levied, collected, answered, paid, and Discounts; recovered, adjudged, accounted for and applied and appropriated, and Provisions mitigated and allowed, in such and the like manner, and in or by of former Acts any or either of the general or special Ways, Means or Methods, to extend to by which the Duties upon Newspapers, and Discounts and 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 ali 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 respec

tively