Blasphemous and Seditious Libels Act 1827 No 2a (NSW)

No. II .

An Act for preventing' the Mischiefs arising from the pr in t ing and publishing Newspapers and Papers of a like nature by persons not known and for regulat ing the pr int ing and publica­ tion of such Papers in other respects and also for restraining the Abuses arising from the publication of Blasphemous and Seditious Libels. [25tf* April, 1827.]

WH E R E A S it is expedient touch ing the publ ica t ion of Newspapers and other papers in

t h a t regula t ions should be provided

th i s Colony	Be it enacted by H i s Excel lency the Governor of N e w
Secretary at his office.

Sou th W a l e s and i ts Dependencies wi th t h e advice of t he Legis la t ive Counci l t h a t from and after t he first day of M a y nex t no person shal l p r i n t or publ ish wi th in t h e Colony of N e w South Wales or any of t h e Dependencies thereof any newspaper or o ther such paper as aforesaid un t i l an affidavit or affidavits affirmation or affirmations m a d e and signed as hereinafter ment ioned and conta in ing t h e several m a t t e r s and th ings hereinafter for t h a t purpose specified and ment ioned shall have been delivered to t he Colonial Secretary or A c t i n g Colonial

2. A n d be it fur ther enacted Tha t such affidavit or affidavits affirmation or affirmations shall specify and set forth t h e rea l and t r u e names addi t ions descript ions and places of abode of all and every person or persons who is and are in tended to be t h e editor or editors p r in t e r or p r in te r s publ isher or publ ishers of t he newspaper or other paper ment ioned in such affidavit or affidavits affirmation or affirma­ t ions and of all the propr ie tors of t h e same and a t r u e descript ion of t he house or holding wherein any such paper is in tended to be pr in ted and likewise t h e t i t le of such paper .

15. A n d be i t fur ther enacted T h a t an affidavit or affidavits or affirmation or affirmations of t he l ike impor t shal l be made signed and delivered in l ike m a n n e r as often as any of t h e editors p r in te rs publ ishers or propr ie tors named in such affidavits or affirmations shal l be changed or shall change the i r respective places of abode or the i r p r i n t i n g house place or office and also as often as t he t i t le of t h e paper shall be changed and as often as t he Colonial Secretary for t h e t ime-being shall see reasonable cause for requi r ing such affidavit or affirmation to be m a d e signed a n d sworn or affirmed and shall give not ice in wr i t ing t h a t he doth requi re t he same such not ice to be left a t such place as is ment ioned in t h e affidavit or affirmation last delivered as t he place a t which the newspaper or other paper to which

such not ice shal l re la te is pr in ted .

4. A n d be i t fur ther enacted T h a t every such affidavit or affirma­ t ion shal l be in wr i t ing and signed by the person or persons m a k i n g t h e same a n d shal l be t aken or m a d e before t he Colonial Secretary for t h e t ime-being which officer is hereby author ised to t ake such affidavit u p o n t h e oa th or oa ths of t h e person or persons m a k i n g t h e same and such affirmations in t h e ease of persons commonly call Quakers .

5. A n d be i t fur ther enacted t h a t t he affidavit or affirmation

hereby required shall be sworn or affirmed and signed by al l and every t he editor or editors p r in t e r or p r in te r s publ isher or publ ishers and propr ie tor or propr ie tors of t he newspapers or o ther paper to which

t h e same shal l re la te .

6. A n d be it fur ther enacted Tha t if any person shal l knowingly and wilfully e i ther as a propr ie tor thereof or otherwise sell vend or deliver out any newspapers or other such paper as aforesaid such affidavit or affirmation or affidavits or affirmations con ta in ing such m a t t e r s a n d th ings as are required by th i s A c t to be there in conta ined

not h a v i n g been duly signed sworn or affirmed a n d delivered and as

often as by th is A c t is required such person shall forfeit and lose for

every such act done t h e s u m of One H u n d r e d Pounds .

7. A n d be it fur ther enacted T h a t if any person or persons m a k i n g such affidavit or affirmation as in and by th is A c t is required to be m a d e shal l knowingly and wilfully inser t or set forth there in t he n a m e or names addi t ion or addi t ions place or places of abode of any pcrson as editor p r in t e r publ isher or propr ie tor of any newspaper or o ther such paper as aforesaid to which such affidavit or affirmation relates who is not an editor p r in te r publ isher or proprietor thereof or shall knowingly and wilfully omit to ment ion in such affidavit or affirmation t h e n a m e or names addition or addit ions a n d place or places of abode of any of t he editors p r in te r s publ ishers or propr ie tors thereof con t ra ry to t h e t r u e in t en t and mean ing of th i s A c t or shal l knowingly and wilfully in any other m a n n e r set for th in such affidavit or affirmation any m a t t e r or t h i n g by th is A c t required to be set forth

otherwise t h a n according to t he t r u t h or shal l knowingly and wilfully

omi t t o set forth there in according to t h e t r u t h any m a t t e r or t h i n g requ i red by tin's Ac t to be the re in set for th every person so offending shal l be liable to t h e pains and penal t ies t o which persons are liable for wilful and cor rupt perjury.

8. A n d be i t fur ther enacted T h a t all such affidavits and affirma­ t ions as aforesaid shal l be filed and kep t in t h e office of t h e Colonial Secretary and t h e same or copies thereof certified to be t r u e copies as hereinafter is ment ioned shall respectively in al l proceedings civil and cr iminal t ouch ing any newspaper or o ther such paper as aforesaid which shall be ment ioned in any such affidavits or affirmations or t ouch ing any publ icat ion m a t t e r or t h i n g conta ined in any such news­ paper or other paper be received and admi t ted as conclusive evidence of t h e t r u t h of all such ma t t e r s set for th in such affidavits or affirmations as are hereby required to be there in set forth aga ins t every person who shal l have signed a n d sworn or affirmed such affidavits or affirmations Provided always t ha t if any such person or persons respectively agains t w h o m any such affidavit or affirmation or any copy thereof shall be offered in evidence shall prove t h a t he or they ha th or have signed sworn or affirmed and delivered to t he Colonial Secretary for t he t ime- being previous to the day of t he date of publ ica t ion of the newspaper or o ther such paper as aforesaid to which t h e proceedings civil or c r iminal shall re late an affidavit or affirmation t h a t he or they h a t h or have ceased to be t h e editor or editors p r in te r or p r in te r s publ i sher or publ ishers or propr ie tor or propr ie tors of such newspaper or o ther such paper as aforesaid such person or persons shal l no t be deemed by reason of any former affidavit or affirmations so delivered as aforesaid to have been the editor or editors p r in te r or p r in te r s publ isher or publ ishers propr ie tor or propr ie tors of such paper after t h e day on which such last ment ioned affidavit or affirmation shal l have been delivered to t he Colonial Secretary.

9. A n d be i t fur ther enacted T h a t in some p a r t of every news­

paper or such other paper as aforesaid t he r e shal l be p r in t ed t h e t r u e and real n a m e and names addi t ion a n d addi t ions and place a n d places

of abode of t he editor and editors p r in t e r and p r in te r s and publ i sher and publ i shers propr ie tor and propr ie tors of t h e same and also a t r u e descript ion of t he place where t h e same is p r in t ed A n d in case any person or persons shal l knowing ly a n d wilfully p r i n t or publ i sh or cause to be pr in ted or publ ished any such newspaper or o ther paper as aforesaid not conta in ing the pa r t i cu la r s aforesaid a n d every of t h e m every such person shall forfeit and lose t he sum of One H u n d r e d P o u n d s and t h a t proof m a d e in m a n n e r here in ment ioned in any proceeding to recover t h e same t h a t t h e p a r t y proceeded aga ins t is a n edi tor p r in t e r or publ i sher of a newspaper or other such pape r so

p r in t ed or publ ished as aforesaid shal l be deemed and t aken t o be	proof t h a t such p a r t y is a person wilfully and knowingly p r i n t i n g or
pub l i sh ing or causing t h e same to be p r in ted or publ ished unless he shal l satisfactorily prove t h e cont ra ry thereof.
10. A n d be i t fur ther enacted Tha t it shal l no t be necessary after any such affidavit or affirmation or a certified copy thereof shall have been produced in evidence as aforesaid agains t t h e persons who signed a n d m a d e the same or any of t h e m and after a newspaper or o ther such paper as aforesaid shall be produced in evidence in t i tu led in t h e same m a n n e r as t h e newspaper or o ther paper ment ioned in such
affidavit or affirmation or copy is in t i tu led and where in t h e n a m e or
names of t h e editor p r in te r a n d publ i sher or editors p r in te r s a n d
publ ishers and t h e place of p r i n t i n g shall be t h e same as t h e n a m e
or names of t h e edi tor p r in t e r and publ i sher or edi tors p r in te r s and
publ i shers and t h e place of p r i n t i n g men t ioned in such affidavit or affirmation for t he plaintiff in formant or prosecutor or person seeking to recover any of t h e penal t ies given by th i s A c t to prove t h a t t h e newspaper or paper to which such t r ia l re lates was purchased a t any house shop or office be longing to or occupied by t h e defendant or defendants or any of t h e m or by his or the i r servants or workmen or where h e or they by themselves or the i r servants or workmen usual ly

carry

carry on t h e business of p r in t ing or publ i sh ing such	paper	or	where
t h e same is usual ly sold.

1 1 .    A n d be it fur ther enacted Tha t service a t t h e house or place

men t ioned in such affidavit or affirmation as aforesaid as t he house or place at which such newspaper or other such paper as aforesaid to which any proceeding civil or cr iminal shall re la te is p r in ted or publ ished or in tended so to be of any legal not ice s u m m o n s subpoena ru le order or process of wha t n a t u r e soever or to enforce a n appearance in any suit prosecut ion or proceeding civil or cr iminal agains t any editor p r in te r publ i sher or propr ie tor of any such newspaper or o ther paper shall be deemed and t aken to be good and sufficient service thereof respectively against t he person or persons named in such affidavit or affirmation as t he editor or editors p r in t e r or p r in te r s

publ isher or publ ishers or propr ie tor or propr ie tors of t h e newspaper

or o ther paper ment ioned in such affidavit or affirmation Provided always t h a t if any such person or persons respectively as aforesaid shall have signed sworn or affirmed and delivered to t h e said Colonial Secretary for t he t ime-being previous to t h e day of t h e da te or publ icat ion of t he newspaper or o ther such paper as aforesaid to which the proceeding in Cour t shall re la te an affidavit or affirmation t h a t he or they h a t h or have ceased to be t h e editor or editors p r in t e r or p r in te r s publ i sher or publ ishers or propr ie tor or propr ie tors of such newspaper or o the r such paper as aforesaid and shall m a k e proof thereof such person or persons shall not be deemed by reason of any former affidavit or affirmation so delivered as aforesaid to have been t h e editor or editors p r in t e r or p r in te r s publ i sher or publ ishers pro­ pr ie tor or propr ie tors of such pape r after t he day on which such last ment ioned affidavit or affirmation shall have been delivered to the said Colonial Secretary for t h e t ime-being.

12. A n d be it fur ther enacted Tha t the Colonial Secretary for t h e t ime-being to w h o m any such affidavit or affirmation shall have been delivered as aforesaid or in whose possession t h e same shall be shal l and he is hereby requi red upon appl icat ion made to h im by any person or persons requ i r ing a copy certified according to th is Ac t of any such affidavit or affirmation as aforesaid in order t h a t t he same may be produced in any civil or cr iminal proceedings to deliver to t he person or persons so apply ing for t he same such certified copy.
13 . A n d be it fur ther enacted Tha t in all cases a copy of any

such affidavit or affirmation certified to be a t r u e copy u n d e r t he h a n d

t h a t such certificate has been signed by the Colonial Secretary for the of t he Colonial Secretary for t h e t ime-being shall upon proof made

t ime-be ing (and w h o m it shall no t be necessary to prove to be such

Colonial Secretary) be received in evidence as sufficient proof of such affidavit or affirmation and t h a t t he same was duly sworn or affirmed and of t he contents thereof and such copies so produced and certified shall also be received as evidence t h a t t h e affidavits or affirmations of which they p u r p o r t to be copies have been sworn or affirmed according to th i s A c t and shall have the same effect for t h e purposes of evidence to all in ten t s and purposes whatsoever as if t he original affidavits or affirmations of which t h e copies so produced and certified shall p u r p o r t to be copies h a d been produced in evidence and been proved to have been duly so certified sworn and affirmed by the person or persons appear ing by such copy to have sworn or affirmed the same as aforesaid.

14. A n d be i t fur ther enacted T h a t from and after t he said first

day of May nex t t he editor p r in t e r or publ isher of every newspaper or other such paper as aforesaid shall upon every day upon which the same shall be publ ished deliver to t he said Colonial Secretary for t he t ime-be ing a t his office or to some person to be appointed by h im to receive t h e same and whom he is hereby required to appoint for t ha t

purpose

purpose one of t h e papers so publ i shed upon each such day signed by t h e p r in t e r or publ i sher thereof in his h a n d wr i t ing wi th his n a m e and place of abode which shall be carefully kep t by t h e said Colonial Secretary for t he t ime-be ing or such o ther person so to be appointed as aforesaid and such p r in te r or publ i sher shal l be ent i t led to demand a n d receive from the said Colonial Secretary in every t h r ee m o n t h s t h e a m o u n t of the ord inary price of t he newspapers or o ther papers so delivered a n d in every case in which t h e editor p r in te r a n d publ isher of such newspaper or other papers as aforesaid shal l neglect t o deliver one such newspaper or other paper in the m a n n e r hereinbefore directed such editor p r in t e r a n d publ i sher shall for every such neglect respec­ t ively forfeit a n d lose t he s u m of One H u n d r e d P o u n d s and in case any person or persons shal l m a k e appl icat ion to t he said Colonial Secretary for the t ime-being or other person so to be appoin ted as aforesaid in order t h a t such newspaper or o ther paper so signed by the p r in te r or publ i sher m a y be produced in evidence in any proceeding civil or c r iminal t he said Colonial Secretary shal l a t t h e expense of t h e p a r t y app ly ing a t any t ime wi th in two years from the publ ica t ion thereof e i ther cause t he same to be produced in the Cour t in which t h e same is requi red to be produced and a t t h e t ime when the same is requi red to be produced or shall deliver t h e same to t h e pa r ty app ly ing

for i t t a k i n g according to his discretion a reasonable securi ty a t t h e

expense of t h e appl icant for t h e r e t u r n i n g t h e same to t h e said

Colonial Secretary.

15 . A n d be i t fur ther enacted T h a t if any person or persons

shal l file any bill in t h e Supreme Cour t for t h e discovery of t h e names of any persons concerned in t h e p roper ty of or in any newspaper or o ther such paper as aforesaid as p r in te r s editors or publ i shers or otherwise of any m a t t e r s re lat ive to t h e p r in t i ng or pub l i sh ing thereof in order to enable h im or t h e m t h e more effectually to b r ing or car ry on any sui t or act ion for damages by h i m or t h e m alleged to have been sus ta ined by reason of any s landerous or l ibellous m a t t e r conta ined in any such newspaper or o ther paper as aforesaid respect­ ing such person or persons i t shal l n o t be lawful for t h e defendant or defendants to plead or d e m u r to such bill b u t he or they shal l be compellable to m a k e t h e discovery the reby required Provided never the­ less t h a t such discovery shal l n o t be m a d e use of as evidence or o ther­ wise in any o ther proceeding t h a n t h a t in which t h e discovery is made .

16. A n d be it fu r ther enacted T h a t from and after t h e said first

day of	M a y n e x t no person shal l p r i n t or publ i sh for sale any
newspaper or o ther such paper as aforesaid u n t i l he shall have entered

in to a recognizance before one of t h e J u d g e s of t h e Supreme Cour t toge ther wi th t w o or t h r ee sufficient suret ies to t h e satisfaction of t h e J u d g e t a k i n g such recognizance every such editor p r in t e r or publ i sher of any such newspaper or o ther paper as aforesaid in t h e s u m of Three H u n d r e d P o u n d s and his sureties in a l ike s u m in t h e

whole condit ioned t h a t such editor p r in t e r or publ i sher shall pay to

H i s Majesty H i s H e i r s and Successors every such fine or pena l ty	as
m a y a t any t i m e be imposed upon or adjudged	agains t h i m by reason

of any convict ion for p r i n t i n g or pub l i sh ing any b lasphemous or

sedit ious Libel a t any t ime after t h e en te r ing in to such recognizance

a n d t h a t every person who shal l p r in t or publ i sh any newspaper or

o the r such paper as aforesaid w i thou t hav ing first entered in to such recognizance wi th such sureties shall for every such offence forfeit t h e

s u m of Twen ty P o u n d s .

17. Provided always and be i t fur ther enacted T h a t if any sure ty or suret ies shall be desirous of w i thd rawing from such recogni­ zance i t shall and m a y be lawful to and for h im or t h e m so to do upon giving t w e n t y days previous not ice in wr i t ing to t h e Colonial Secretary

for

for t h e t ime-being a t his office and also to t h e editor p r in t e r or publ i sher for w h o m he or they is or a re sure ty or suret ies and t h a t in any such case every such sure ty shal l no t be liable u p o n t h e said recognizance o ther t h a n and except for any pena l ty or penal t ies before t h a t t i m e imposed or incur red and for which h e or t hey would other­ wise have been l iable under t h e said recognizance and t h a t t h e n a n d in every such case t h e person for w h o m such sure ty shal l have been bound shal l no t p r i n t or pub l i sh any newspaper or o ther such paper

as aforesaid u n t i l he shall have entered in to a new recognizance w i t h

sufficient suret ies in m a n n e r a n d to t h e a m o u n t aforesaid and in case

he shall p r i n t or publ i sh any newspaper or o ther such paper as	afore­
said w i t h o u t hav ing entered in to such recognizance as aforesaid	he
shall forfeit for every such offence t h e s u m of Twenty P o u n d s .

18 . A n d be i t fu r ther enacted T h a t in case any sure ty or

sureties in any such recognizance shal l be declared insolvent unde r t h e provisions of a cer ta in A c t of Pa r l i amen t m a d e and passed in t h e four th year of t h e re ign of H i s present Majesty in t i tu led " An Act " to provide until the first day of July one thousand, eight hundred and " twenty-seven and until the end, of the next Session of Parliament

" for the better Administration	of Justice in New South Wales and
" Van Diemen's Land and for the more effectual Government	thereof

" and for other purposes relating thereto" or unde r any o ther law conta in ing such or t h e l ike provisions for declar ing insolvencies or shal l be discharged unde r and by v i r tue of any law for t h e relief of insolvent debtors t h e n and in every such case t he person for w h o m such sure ty or suret ies shall have been bound shall no t p r in t or publ i sh any newspaper or other such paper as aforesaid un t i l he shall have entered in to a new recognizance wi th sufficient suret ies in t he m a n n e r and to t h e a m o u n t aforesaid after he shall be requi red so to do by t h e Colonial Secretary by a not ice in wr i t ing to t h a t effect such not ice to be left a t such place as is ment ioned in t he affidavit or affirmation last m a d e as t he place a t which t h e said newspaper or other such paper as aforesaid to which such not ice shall re la te is p r in ted and in case he shall p r in t -or pub l i sh any newspaper or other such paper as aforesaid wi thou t hav ing entered in to such new recogni­ zance as aforesaid hav ing been requi red in m a n n e r aforesaid so to do he shal l forfeit for every such offence t he s u m of Twenty P o u n d s .

19 . A n d be i t fur ther enacted Tha t a certificate of every
recognizance which shal l have been entered in to by v i r t ue of th i s A c t

shall be sent by t h e proper officer for recording the same to t h e

after such recognizance shall be recorded.

Colonial Secretary for t he t ime-being as soon as convenient ly m a y be

20. A n d be i t fur ther enacted T h a t if any person shall after the pass ing of th i s A c t be legally convicted of hav ing after the pass ing of th i s Ac t composed pr in ted or publ ished any b lasphemous or seditious Libel t end ing to b r ing into ha t red or con tempt t he Govern­ men t of t he said Colony as by law established or to exci te H i s Majesty 's subjects t o a t t empt t he a l tera t ion of any m a t t e r in C h u r c h or Sta te as by law established otherwise t h a n by lawful means and shall after being so convicted offend a second t ime and be thereof legally convicted before t he Supreme Cour t such person m a y on such second conviction be adjudged at the discretion of t he Cour t e i ther to suffer such p u n i s h m e n t as may now by law be inflicted in cases of h igh misdemeanors or to be banished from the said Colony and its Depen­ dencies for such t e r m of years as t he said Cour t shall order.

21 . And be it fur ther enacted Tha t in case any person so

sentenced and ordered to be banished as aforesaid shall no t depar t from the said Colony and its Dependencies wi th in th i r ty days after the p ronounc ing of such sentence and order as aforesaid for t h e purpose

of

of going in to such ban i shmen t as aforesaid it shall and may be lawful to and for t h e Governor of th i s Colony to cause such person to be conveyed out of t h e said Colony and its Dependencies.

22. A n d be it fur ther enacted T h a t all fines penal t ies and forfeitures imposed by th is A c t which shall exceed t h e s u m of Twenty P o u n d s shall be recovered by act ion of debt bill p la in t or information in t he Supreme Cour t a n d t h a t all fines penal t ies and forfeitures imposed b y th is Ac t which shall no t exceed t h e sum of Twenty P o u n d s shall be recovered before any two*, or more Jus t i ces of t he Peace in a s u m m a r y m a n n e r and shall if no t paid wi th in six days after convic­ t ion be levied by distress a n d sale of the offender's goods and cha t t i es a n d for w a n t of sufficient distress b y impr i sonment of such offender

for any t ime not exceeding six calendar m o n t h s or un t i l such fine be

paid A n d the money ar is ing by all such fines penal t ies and forfeitures respectively when recovered shall be as to one moiety thereof to a n d for t h e use of our Sovereign Lord t h e K i n g H i s H e i r s and Successors a n d be carr ied to and form pa r t of t h e Colonial fund of t h e said Colony and be applied to t h e publ ic uses and in suppor t of t h e Governmen t thereof and as to t h e o ther moie ty of such fines penal t ies and forfeitures to and for t h e use of such person as shall inform or sue for t he same.