Page images
PDF
EPUB

+ Sic.

[ocr errors]
[ocr errors]

55 G. 3, c. 80. made or given the commissioners of stamps in Ireland, by any printer, proprietor, or publisher of a newspaper, under the provi sions of this act, or of any act or acts in force in in Ireland, for securing the liberty of the press, or for amending any such such affidavit shall statet, only the matters heretofore required by law to be stated therein, but also on what day or days of the week such newspaper is intended to be published; and from thenceforth, the said day or days shall be deemed the day or days of publication of such newspaper; and every printer, proprietor, and publisher thereof, shall be deemed and taken to have published the same on the said day or days in every succeeding week, until a new affidavit shall be made according to law, differ ing in that respect, or until notice of a change in that respect shall have been duly served at the stamp-office in Dublin by some registered printer, proprietor, or publisher of such newspaper, or unless it shall be expressly proved that such newspaper was not published on the particular day or days in question,

Title of
paper lodged
at stamp.
office, evi-
dence against

printer.

Copy so

lodged, evi

printer.

17. [Printer, publisher, or proprietor of any newspaper shall deliver one copy of each second or varied impression, at the stampoffice in Dublin, or two copies to the distributor of stamps, signed as aforesaid, under pain of forfeiting one hundred pounds; and that each copy of such varied impression shall be deemed to be unstamped, and subjected to penalties accordingly.]

18. That, upon all trials in any suit, action, indictment, information or prosecution, to be commenced or carried on, touching any newspaper, or any matter or thing therein contained; any newspaper having the same title as that for which any defendant in any such action, indictment, information, or suit, shall be registered at the stamp-office as printer, proprietor, or publisher, or having such title as shall be sufficient to denote that such newspaper is the same for which such printer, publisher, or proprietor shall have been so registered, of which the court is to judge, shall be sufficient evidence that such paper was printed and published by such person or persons so registered, unless the de fendant in such action, indictment or information, or suit, shall show the contrary, by satisfactory evidence; and that upon all such trials, the proof that the defendant or defendants therein did give in, or deliver, in manner aforesaid, a copy of such im pression, signed as aforesaid, if in Dublin, to the stamp-office as aforesaid, or if in the country, two copies to the distributor of stamps, signed as aforesaid, shall lie upon such defendant or fendants.

the

201

de

[ocr errors]

news

1902 160:

19. That if the printer, publisher, or proprietor of any dence against paper in Ireland, upon any trial to be commenced or carried oo touching such newspaper, or any matter or thing therein con tained, shall not admit that any copy of paper left at the stamp-office in the city of Dublin, or with the distributor of stamps in the country, was printed or published hy and in such case, any wm of nail twenty with have been left at the stamp-office in the city of Dublin,

or her

or

[ocr errors]

the distributor of stamps in the country, at the times hereinbefore 55 G. 3, c. 80. directed, shall be considered as printed and published by him or

[ocr errors]

her,

tif Whether such newspaper so delivered shall be of the same

which such person shall have been registered at the stamp-office as printer, publisher, or proprietor, or of a title sufficient to denote that such newspaper is the same for which such printer, publisher, or proprietor shall have been so registered, of which the court shall judge; and such newspaper shall be so considered, although the same shall not appear to be duly signed in his or her hand-writing, and although it shall not appear by whom the e same wa was so left, unless he or she shall prove that he or she left, or caused to be left, at the time by this act required, a printed copy, or two printed copies of the paper published by him or her, with the officer or person with whom he or she is by this act directed to leave the same, with his or her name written thereon in his or her own hand-writing, in the manner directed by this act.

to

[ocr errors]

Printers out

lawed, &c.

stamps for

20. That if any printer or publisher, or proprietor of any newspaper in Ireland, shall be, by due course of law, outlawed not to have for any criminal offence, or receive judgment for printing or publishing a traitorous or seditious libel; the said commissioners papers. of stamps in Ireland, and their officers for distributing stamped vellum, parchment, or paper respectively, are hereby prohibited sell or deliver to, or for the use of any such printer, publisher, or proprietor so outlawed, or who shall have so received judgment for such libel, any stamped paper for printing any newspaper. 21. That if any printer, publisher, or proprietor of any newspaper, which shall be at any time, published in Ireland, shall have become a bankrupt, or non compos mentis, or shall be out lawed for any crime, or shall receive judgment for printing or publishing any traitorous or seditious libel; then and in every such case, se, such printer or printers, publisher or publishers, proprietor or proprietors, respectively, shall no longer be entitled to print or publish such newspaper; but shall, as to any such right, be considered from thenceforth as if he, she, or they never had made such affidavit as aforesaid,

[ocr errors]

22. And whereas it nay happen that an idiot, a lunatic, an infant, or a feme covert, or the creditors or assignees of a bankjupt or insolvent, may become or be entitled to the profits, or to any part, share, or proportion of the profits of any newspaper; be it enacted, that in any such case, it shall and may be lawful to any person or persons who shall think proper so to do, to in in any affidavit required by this, or any act or acts from time to lure in force in Ireland, in respect of such newspaper; and time

join

10

that such affidavit shall in such case state, besides all other mat-
ters by law required, that the maker thereof is a publisher of such
newspaper, in trust for any such disabled or incapacitated or other
person or persons as aforesaid, or of any number of such persons;
and shall also sta
state which of the said causes of incapacity or dis-
ability affects every such person, for whom he is trustee as afore-

Printers becoming

bankrupt

&c., not entitled to print

newspapers.

Affidavit may

be made in

trust for incapacitated

persons.

55 G. 3, c. 80. said; and thereupon such affidavit shall be of the same force and effect for the printing and publishing of such newspaper, as if the cestui que trust so named was present, and had sworn an affida. vit in the usual form; and from thenceforth, every such trustee shall be deemed and taken to be a publisher of such newspaper, and responsible as such, in all respects, and to all intents and purposes whatsoever provided nevertheless, that no such affida vit shall be deemed sufficient to authorize the publication of such newspaper, until such trustee, so swearing the same, shall have performed all and every requisites and requisite ordained by aby law then in force to be previously performed by all the publishers thereof.

No other affidavit in trust received.

Service of process at printing office sufficient.

New affidavit to be made,

on change of place of pub

lication.

the libel, in

possession of the person

bi

23. That no person whatsoever shall in any wise be concerned in the printing or publishing of any newspaper, or in receiving the profits, or any share or proportion of the profits thereof, in trust for any other or others, under any pretence whatsoever; unless such person shall have previously made, and lodged in the stamp-office, such affidavit as aforesaid; any law or usage to the contrary notwithstanding.

24. That the leaving or service of any legal process in any suit, information or indictment, prosecution or proceeding, to be brought, filed, found, instituted, or carried on, against any printer, publisher, or proprietor of any newspaper or pamphlet in Ireland, for the purpose of recovering any debt or penalty under this act, or any other act from time to time in force in Ireland, relating in any wise, to the collection or regulation of any stamp duties or duty, or for any matter or thing contained in such newspaper or pamphlet, or in any wise relating thereto, at the printing-office or place where such newspaper or pamphlet respectively shall be then usually printed and published, shall be deemed and considered, to all intents and purposes, good service of such process. 25. That any newspaper in Ireland shall be deemed and taken to be usually printed and published at the place mentioned in that behalf in the last or only affidavit which shall have been made by the printers, publishers, and proprietors thereof, and deposited in the stamp-office in Dublin according to law and that if it shall be at any time intended to change the place printing or publishing any such newspaper, a new affidavit shall thereupon be made, stating such new place of publication, and stating all other matters required by law to be contained in such affidavit, as if such newspaper had never before been published.

of

60 Geo. 3, and 1 Geo. 4, c. 8, s. 1.-Whereas, it is expedient to make more effectual provision for the punishment of All copies of blasphemous and seditious libels; be it enacted &c., that from and after the passing of this act, in every case in which any verdict or judgment by default shall be had against any person, for convicted by composing, printing, or publishing any blasphemous libel, or any seditious libel, tending to bring into hatred or contempt the person of his majesty, his heirs, or successors, or the regent, or the government and constitution of the United Kingdom as by

verdict, may be seized.

:

4, C. 8.

law established, or either house of parliament, or to excite his 60 G.3 & 1 G. majesty's subjects to attempt the alteration of any matter in church or state as by law established, otherwise than by lawful means; it shall be lawful for the judge or the court, before whom, org in which such verdict shall have been given, or the court in which such judgment by default shall be had, to make an order for the seizure and carrying away and detaining in safe custody, in such manner as shall be directed in such order, all copies of the libel which shall be in the possession of the person against whom such verdict or judgment shall have been had, or in the possession of any other person named in the order for his use ; evidence upon oath having been previously given, to the satisfaction of such court or judge, that a copy or copies of the said libel is or are in the possession of such other person, for the use of the person against whom such verdict or judgment shall have been had as aforesaid; and in every such caes, it shall be lawful for any justice of the peace, or for any constable, or other peaceofficer acting under any such order, or for any person or persons acting with, or in aid of any such justice of the peace, constable, or other peace-officer, to search for any copies of such libel, in any house, building, or other place whatsoever, belonging to the person against whom any such verdict or judgment shall have been had, or to any other person so named, in whose possession any copies of any such libel, belonging to the person against whom any such verdict or judgment, shall have been had, shall be ; and in case admission shall be refused, or not obtained within a reasonable time after it shall have been first demanded, to enter by force, by day, into any such house, building, or place whatsoever, and to carry away all copies of the libel there found, and to detain the same in safe custody, until the same shall be restored under the provisions of this act, or disposed of according to any further order made in relation thereto.

2. That if, in any such case as aforesaid, judgment shall be arrested, or if, after judgment shall have been entered, the same shall be reversed upon any writ of error; all copies so seized ⚫ shall be forthwith returned to the person or persons from whom the same shall have been so taken as aforesaid, free of all charge and expense, and without the payment of any fees whatever; and in every case, in which final judgment shall be entered upon the verdict so found against the person or persons charged with having composed, printed, or published such libel, then all copies sn seized shall be disposed of, as the court, in which sach judgment shall be given, shall order and direct.

Justices, &c. may search for copies of such libel.

How the copies shali be disposed

of.

offence.

14. That if any person shall, after the passing of this act, be Second legally convicted of having, after the passing of this act, com: posed, printed, or published any blasphemous libel, or any such seditious libel as aforesaid; and shall, after being so convicted, offend sac second time, and be thereof legally convicted before any commission of oyer and terminer or gaol. delivery, or in vhis majesty's court of King's Bench; such person may, on such

S

[ocr errors]

4, c. 8.

60 G. 3 & 1 G. second conviction, be adjudged, at the discretion of the court, either to suffer such punishment as may now by law be inflicted in cases of high misdemeanors, or to be banished from the United Kingdom, and all other parts of his Majesty's dominions, for such term of years as the court, in which such conviction shall take place, shall order.

Certificate to be given of conviction of

former libel.

Enactment as to banishment re

pealed.

Recognizance to be

of good behaviour, as well

as to appear and answer.

7. That the clerk of assize, clerk of the peace, or other clerk or officer of the court having the custody of the records where any offender shall have been convicted of having composed, printed, or published any blasphemous or seditious libel, shall, upon request of the prosecutor on his majesty's behalf, make out and give a certificate in writing signed by him, containing the effect and substance only (omitting the formal part) of every indictment and conviction of such offender, to the justices of assize, oyer and terminer, great sessions, or gaol delivery, where such offender or offenders shall be indicted for any second offence of composing, printing, or publishing any blasphemous or seditious libel; for which certificate, six shillings and eightpence, and no more, shall be paid; and which certificate shall be sufficient proof of the conviction of such offender.

11 Geo. 4, and 1 W. 4, c. 73, s. 1.-[Recites the 60 Geo. 3, and 1 Geo. 4, c. 8, s. 4.] And whereas it is expedient to repeal so much of the said act as relates to the sentence of banishment for the second offence; be it therefore &c., that so much and such parts of the said act as relate to the sentence of banishment for the second offence, be, and the same are hereby wholly repealed.

60 Geo. 3, and 1 Geo. 4, c. 9, 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 sessions 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 he 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.

33 Geo. 3, c. 43, s. 1.—Whereas doubts have arisen whether, on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impannelled to try the same, to give their verdict upon the whole matter in issue. Jury may give a general Be it therefore declared and enacted by &c., that on every such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty, upon the whole matter put in issue upon such indictment or information; and shall not be required or directed by the court or judge before whom such

verdict in cases of libel.

« PreviousContinue »