Certificate of convic tion of former libel. substance only (omitting the formal part) of every indictment and conviction of such offender, and of the order for his or her banishment, to the justices of assize, oyer and terminer, great sessions, or gaol delivery, where such offender shall be indicted; for which certificate six shillings and eightpence, and no more, shall be paid, and which certificate shall be sufficient proof of the conviction and order for banishment of any such offender. VII. And be it further enacted, that the clerk of assize, to be given 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. VIII. [Limitation of actions.-Six months.-General issue.-Double costs.] 60 Geo. 3, c. 9. Whereas pamphlets and printed papers, containing observations 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, &c., that from and after ten days after the passing of this act, all pamphlets and papers containing any public news, certain intelligence, or occurrences, or any remarks or observations printed thereon, or upon any matter in church or state, printed in pamphlets any part of the united kingdom for sale, and published and papers to the stamp periodically, or in parts or numbers, at intervals not exduties upon ceeding twenty-six days between the publication of any newspapers two such pamphlets or papers, parts or numbers where any and to the of the said pamphlets or papers, parts or numbers, respec Subjecting regulation of recited acts. tively, 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 prevent ing 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." II. [No quantity of paper less than twenty-one inches in length, and seventeen in breadth, to be deemed a sheet.] VIII. And be it further enacted, that no person, from No person and after thirty days after the passing of this act, shall to print or publish print or publish for sale any newspaper, or any pamphlet, newspapers, or other paper containing any public news, intelligence, or &c. or occurrences, or any remarks or observations thereon, or pamphlets, upon any matter in church or state, which shall not exceed without entering into two sheets, or which shall be published for sale at a less recogni price than sixpence, until he or she shall have entered into zances, or a recognizance before a baron of the exchequer in England, giving oath for securing Scotland, or Ireland, respectively, as the case may be, if fines upon such newspaper or pamphlet, or other paper aforesaid, conviction shall be printed in London or Westminster, or in Edinburgh, for libel. 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 or adjudged against him or her, by reason of any conviction for printing or publishing any blasphemous or seditious libel, at any time after the enter ing 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. of the mo IX. Provided always, and be it further enacted, that in If sureties every case in which any surety or sureties in any such pay any part recognizance or bond shall have been required to pay, and ney for shall have paid the whole, or any part of the sum for which which they he, she, or they, shall have become surety; or in case any are bound, such surety or sureties shall become bankrupt, or be dis- bankrupt, charged under any insolvent act; then, and in every such new recog or become nizance or sureties must be given. case, the person for whom such surety or sureties shall bond with 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 Penalty,202. offence, the sum of twenty pounds. Recognizance, in to be of good behaviour, as X. [Sureties may withdraw from recognizance upon giving notice. New recognizance to be entered into, and, in default thereof, penalty 201.] XVI. And be it declared and enacted, that it shall be lawful for any of his majesty's courts of record at Westcase of libel, minster 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. well as to appear to answer. Two or more justices to determine, of fences. XVII. [Provides for the recovery of penalties by action of debt, &c.] XVIII. 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 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, that it shall and may May miti be lawful for the said respective justices, where they shall gate penalties. 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. summoned XIX. And be it further enacted, that if any person shall Penalty on be summoned as a witness to give evidence before such persous justices of the peace, touching any such offence, either on as witnesses the part of the prosecutor or of the person or persons ac- not appearcused, and shall neglect or refuse to appear at the time and ing, &c. 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. out in the XX. And be it further enacted, that the justices before Convictions whom any offender shall be convicted, as aforesaid, shall to be made cause the said conviction to be made out in the manner following and form following, or in any other form of words to the form. like effect, mutatis mutandis; that is to say— was duly convicted before us, his majesty's justices of the peace for A. B. of 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 day of 32 Geo. 3, c. 60. Preamble. I. 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; On the trial be it therefore declared and enacted, &c., that, on every of an indict 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 give a gene- shall not be required or directed, by the court or judge ral verdict before whom such indictment or information shall be tried, upon the whole matto find the defendant or defendants guilty, merely on the ter put in proof of the publication by such defendant or defendants of issue, and the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information. ment for a libel, the jury may shall not be required by the court to find the defendant guilty merely on proof of publica tion, and of the sense ascribed to it in the II. Provided always, that on every such trial, the court or judge, before whom such indictment or information shall be tried, shall, according to their or his discretion, give their or his opinion and directions to the jury on the matter in issue between the king and the defendant or defendants, in like manner as in other criminal cases. III. Provided also, that nothing herein contained shall information. extend, or be construed to extend, to prevent the jury from finding a special verdict, in their discretion, as in other criminal cases. But the court shall give their opinion and directions on the matter. Jury may IV. Provided also, that in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move in arrest of judgment on such ground, and in such manner as by law he or they might have done before the passing of this Defendants act; any thing herein contained to the contrary notwithmay move standing. find a special verdict. Note. Before this statute was passed, it was considered that the jury could only find the fact of the publication and the truth of the innuendos, the judges telling them that the intent was an inference of law to be drawn from the paper, with which the jury had nothing to do. But the statute prevents the question from being left to the jury upon these narrow grounds, and it is now a matter peculiarly for their consideration, whether or not the paper was published with the intention alleged in the indictment or information. That intention, however, is to be collected from the paper itself, unless its import be explained by the mode of publication, or any other circumstances; and if the paper itself appear to the minds of the jury to be fraught with the |