ANNO UNDECIMO
No. I.
An Act to amend an Act int i tuled " An Act for " preventing the Mischiefs arising from the print- " ing and publishing Newspapers and Papers of a " like nature by persons not known and for regu- " letting the printing and publication of such " Papers in other respects and also for restrain- " ing the Abuses arising from the publication of " blasphemous and seditious Libels " and for fur ther restraining the Abuses arising from the publication of slanderous and libellous matter .
| WH E R E A S it is expedient t o amend an A c t of t he Governor wi th | t he advice of t h e Legislat ive Counci l passed in t he e igh th | year |
| of H i s Majes ty ' s re ign in t i tu led " An | Act | for | preventing | the | Mischiefs |
| " arising from the printing | and publishing | Newspapers | and Tapers | of a |
| " like nature by persons not known and for regulating | the printing | and |
| " publication | of such Papers | in other respects | and also for | restraining |
| " the Abases arising from the publication | of blasphemous and | seditions |
| " | Libels" | a n d | to | m a k e | fur ther provision for | r e s t r a in ing | t h e | abuses |
| ar i s ing from | the publ ica t ion of | s landerous and libellous m a t t e r in | th i s |
Colony A n d whereas by the said reci ted A c t i t is a m o n g other t h ings enacted t ha t such affidavit or affidavits or affirmation or affirmations as are requi red by t h e said Act to be made and signed by the propr ie tor or propr ie tors editor or edi tors p r in t e r or p r in te r s publ isher or p u b
| whereas it is expedient to declare t h e t r u e in t en t and m e a n i n g of t he said reci ted Act w i t h respect t o t h e persons who are t he reby requi red to m a k e and sign affidavits or affirmations as p r in t e r s of newspapers and to be responsible as such unde r all t h e enac tmen t s and provisions of t he said reci ted Act Be it therefore enac ted by H i s Excel lency t h e Governor of N e w Sou th Wales wi th t h e advice of the Legislat ive Council Tha t from and after t he t ime hereinafter appointed for t he commencement of th i s Act every person who is bond fide t he sole or pa r t propr ie tor of a press or types used or in tended to be used | in |
| l ishers of any newspaper or paper | of a l ike n a t u r e shall specify a n d |
set forth t h e real and t r u e names addit ions descript ions and places of abode of all a n d every person and persons who is and are in tended to be t h e edi tor or edi tors p r in t e r or p r in te r s publ i sher or publ i shers of t h e newspapers or other pape r ment ioned in such affidavit or affidavits affirmation or affirmations and of all t h e propr ie tors of t he same and a t r u e descript ion of t h e house or ho ld ing where in any such paper is
| in tended to be p r in t ed and | likewise t h e t i t le of | such | paper | A n d |
in p r i n t i n g any newspaper or paper of a l ike n a t u r e in t h e Colony of New Sou th W a l e s and also every person who shal l conduct the p r i n t i n g of any such newspaper or o ther paper shall be considered and t a k e n to be the p r in t e r or p r in te r s of every such newspaper
| and shal l be requi red to t a k e and sign affidavits or affirmations | in t he |
| m a n n e r | requi red | and | under t he condit ions a n d | penal t ies directed by |
t h e said recited Act .
2. A n d be it fur ther enacted Tha t if any propr ie tor or pro pr ie tors of a, newspaper or any propr ie tor or propr ie tors of any press or types used in t he p r in t ing of any newspaper should be unde r the ago of twenty-one years it shall and may he lawful for t h e guard ian or guard ians of such propr ie tor or propr ie tors or for an agent or agents to be appointed by t h e m to m a k e and sign such affidavit or affidavits affirmation or affirmations as m a y be required from such propr ie tor or propr ie tors u n d e r t h e provisions of t h e said reci ted Act A n d such gua rd i an or gua rd ians agent or agents as shall m a k e and sign such affidavit or affidavits affirmation or affirmations shall be subject to all such and t h e l ike condit ions penal t ies and forfeitures as if lie she or they were t he ac tua l propr ie tor or propr ie tors of such newspaper or of such press or types.
3. A n d be it fur ther enacted Tha t every agent or person who shal l so act For and in behalf of a propr ie tor or propr ie tors of a newspaper or of a press and types being unde r age as aforesaid shall have his t r u e and real n a m e addit ion and place of abode p r in t ed in some par t of every such newspaper or o ther such paper as such guard ian or agent for such propr ie tor or propr ie tors as aforesaid and in such case it will not he necessary to p r in t t h e names of the several propr ie tors so under age.
4. A n d be i t fur ther enacted Tha t any newspaper or o ther paper as aforesaid bear ing the s igna ture of the p r in t e r or publ i sher thereof which shall be produced by t h e Colonial Secretary for the t ime-be ing or by a clerk from his office in any proceeding civil or c r imina l shall be held and considered to be sufficient evidence of t he publ ica t ion of such newspaper or o ther paper by the person or persons whose s igna tu re such newspaper may bear wi thou t requ i r ing any proof as to t he t ime when by w h o m or to w h o m such newspaper or other paper was delivered on the pa r t of such p r in t e r or publ i sher at the office of t h e said Colonial Secretary.
5. A n d be it further enac ted Tha t such pa r t s of the said reci ted
A c t as re la te to t h e recognizances requi red to be entered into by the
| edi tors p r in t e r s and publ ishers of newspapers shall be repealed and t h e | same are hereby declared to be repealed accordingly A n d whereas it |
| is expedient to provide against t he abuses of the periodical publ icat ions in th i s Colony by requ i r ing t he edi tors p r in te rs and publ ishers to become b o u n d wi th unexcept ionable sureties in a s u m sufficiently large to secure not only t he paymen t of all such lines a n d penalt ies as they may incur in cases of Libel b u t also t h e paymen t of all damages and costs which m a y be awarded agains t t h e m in any civil act ion for the |
| publ ica t ion | of s landerous or l ibellous m a t t e r | Be i t therefore | enacted | |
| T h a t from and after t h e commencement of th i s Ac t no person shall p r i n t or publ ish for sale any newspaper or other such paper as afore said unti l the editor p r in t e r and publ isher thereof shall each have entered in to a recognizance before one or more of t he J u d g e s of the Sup reme Cour t with two sufficient suret ies to t he satisfaction of t he said J u d g e or Judges to whom twenty-four hours previous notice is to be given of t he names and places of abode of such suret ies and every such recognizance shall be in t he s u m of three h u n d r e d pounds and the |
| suret ies in t h e l ike sum jo in t ly and severally condit ioned tha t | such | |
| edi tor p r in te r or publ isher shall pay to H i s Majesty | H i s | Heirs and | |
Successors every such fine or pena l ty as m a y at any t i m e be imposed u p o n or adjudged aga ins t h i m by reason of any conviction for p r in t i ng or publ i sh ing any b lasphemous sedit ious or other Libel as well as all o ther fines pena l t ies and forfeitures which shall be awarded against h i m unde r t h e provis ions of th i s A c t or of t he said reci ted A c t and also condit ioned t h a t such edi tor p r in te r or publ i sher shal l pay such damages a n d costs as shall be adjudged agains t h im in any sui t or act ion for p r in t i ng or pub l i sh ing any s landerous or l ibellous m a t t e r whatever after en t e r ing in to such recognizances A n d every person who shal l p r in t or publ ish any newspaper or other such paper as afore said wi thout hav ing first en te red in to such recognizances w i th such suret ies shal l for every such offence forfeit t he sum of One H u n d r e d Pounds .
6. Provided a lways and be it fur ther enacted T h a t if any sure ty or suret ies shall be desirous of w i thd rawing from such recognizance i t shall and may be lawful to and for h im or t h e m so to do upon giving twenty days previous not ice in wr i t ing to t he Colonial Secretary for t h e t ime-be ing a t h is office and also to t h e edi tor 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 shall not be l iable upon the said recognizance other t h a n and except for any pena l ty or penal t ies before t h a t t ime imposed or incur red a n d for winch he or they would otherwise have been liable u n d e r t he said recognizance a n d tha t t h e n and in every such case t h e person for w h o m such securi ty shal l have been bound shal l not print or publ i sh any newspaper or o ther such paper as afore said un t i l he shall have en te red in to a new recognizance with sufficient suret ies in m a n n e r a n d to t h e a m o u n t aforesaid A n d in case he shall p r in t or publ i sh any newspaper or o ther such paper as aforesaid wi thou t having entered into such recognizance as aforesaid he shall forfeit for
| every | such offence | t he s u m | of One H u n d r e d | P o u n d s . |
| 7. A n d be it fur ther enacted Tha t in case any sure ty or suret ies in any such recognizance shal l have qu i t t ed the Colony or shall be declared to be insolvent or in case any such recognizance shal l be exhaus t ed to t h e ex ten t of one-half t he a m o u n t thereof by the p a y m e n t or forfeiture of fines penal t ies damages or costs t hen and in every such case t he person for w h o m such sure ty or suret ies 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 un t i l he shal l have en te red in to a new recognizance with sufficient suret ies in t h e m a n n e r a n d to t h e a m o u n t aforesaid after he shal l be requ i red so to do by t h e Colonial Secretary by a not ice in | wr i t i ng to tha t effect such not ice to be left a t such place as is ment ioned | in t h e affidavit or affirmation last m a d e as t h e place a t which t h e said |
| newspaper or o ther such paper as aforesaid to which such not ice shal l re la te is p r in ted A n d in case h e shall p r in t or publish any newspaper or o ther such paper as aforesaid wi thout hav ing entered in to such new recognizance as aforesaid after hav ing been requi red in m a n n e r afore said so to do he shall forfeit for every such offence the s u m of One |
| |
| 8. Arid be it fur ther enac ted That a certificate of every recog nizance which shal l have been entered in to by v i r tue of th i s A c t shall be sent by t h e proper officer for recording the same in t h e Sup reme Cour t to t he Colonial Treasury for t he t ime-being as soon as con venient ly m a y be after such recognizance shall bo recorded a n d every such certificate shal l specify t h e names and places of abode of the suret ies . |
| 9. A n d be it fur ther | enacted Tha t so m u c h of t h e said | reci ted |
Ac t as re la tes to t h e m a n n e r in which persons convicted of p r in t i ng or pub l i sh ing b lasphemous or seditious Libels a re to be punished shall be repealed and t h e same is hereby declared to be repealed
accordingly
| accordingly | A n d be i t enacted Tha t it any person shal l be legally |
| convicted of hav ing after t h e passing of th is Ac t p r in ted | or |
| publ i shed any b lasphemous or | sedit ious Libel or any Libel t e n d i n g to |
b r ing into ha t r ed or con tempt t h e Gove rnmen t of t he said Colony as by law established or t he Governor or A c t i n g Governor of t h e Colony for t h e t ime-being or to excite any of H i s Majesty 's subjects t o a t t e m p t t h e a l tera t ion of any m a t t e r in Church or S ta te as by law established otherwise than by lawful means or to adopt any illegal proceedings a n d shall after be ing so convicted offend a second t ime and be legally convicted of such second offence before t h e Supreme Cour t such person shall on such second conviction be adjudged to be banished from New South Wales a n d its Dependencies for such t e r m of years not being less t h a n two years nor more than seven as t h e said Cour t shall order And if after such second conviction t h e person so convicted shall p r in t or publ ish in t h e said Colony or i ts Dependencies any newspaper or o ther such paper as aforesaid before t h e expirat ion of t h e t e r m of his b a n i s h m e n t he shal l over and above any other p u n i s h m e n t to which he m a y be l iable forfeit and pay for every such offence t h e s u m of One
| H u n d r e d | P o u n d s . |
10. A n d be it fur ther enacted That in case any person so sentenced and ordered to be banished as aforesaid shall not depart or embark on board of some ship or vessel wi th t h e bond fide in tent ion of depa r t ing from the said Colony and its Dependencies within one ca lendar mon th after t he p ronounc ing of such sentence or order as aforesaid or b y t h e first ship or vessel which after t h e expi ra t ion of such calendar mon th so allowed to h i m as aforesaid shall sail from the said Colony for any por t or place beyond t h e h igh seas not being w i t h i n t h e Dependencies of t h e said Colony he shal l be immedia te ly l iable after t he sail ing of such ship or vessel to be by t h e order of t h e said Cour t duly made upon mot ion du r ing t e r m or u p o n appl ica t ion to any J u d g e a t Chambers du r ing vacat ion impr isoned in one of t h e publ ic gaols of t h e said Colony u n t i l he can be by a l ike order duly m a d e as aforesaid and directed to t he Sheriff of New South Wales or his lawful depu ty conveyed on board of some ship or vessel b o u n d for any such por t or place as aforesaid and specified in t h e order of such Cour t or J u d g e as aforesaid A n d t h e Sheriff of N e w South W a l e s or h is lawful depu ty is hereby author ized to cont rac t w i t h t h e mas te r of such ship or vessel for t h e conveyance or removal of such person so sentenced and ordered to be banished as aforesaid ou t of t h e said
| t h e Colony of N e w Sou th Wales before t h e expi ra t ion of t h e period of | Colony A n d if any person so sentenced to be banished shal l r e t u r n to |
| his ban i shmen t unless it be as a pr isoner unde r sentence of t r anspor t a tion he shal l be liable upon due proof of h is iden t i ty to be apprehended by w a r r a n t of any one or more Jus t ices of t h e Peace and commit ted to pr ison u n t i l he can be aga in conveyed on board of any such ship or vessel and removed from t h e said Colony in l ike m a n n e r as aforesaid A n d so on as often as any such person so banished as aforesaid shall r e t u r n to the said Colony or its Dependencies. |
| 1 1 . A n d be it fu r ther | enacted Tha t | every periodical | p r in t ed |
paper conta in ing publ ic news or intell igence e i ther poli t ical stat ist ical commercia l or miscel laneous or adver t i sements or comments upon daily occurrences or serving t h e purpose of a newspaper whe the r t h e same be pr in ted on one or more sheet or sheets piece or pieces of paper or be on open sheet or folded or be sewed or s t i tched as a p a m p h l e t or book or whe ther t h e same be publ i shed daily or a t longer or shor ter r egu la r or i r regular intervals shal l he considered and deemed to be a newspaper in t h e mean ing of th i s Act and of t he said recited Act
| u n d e r | whatever n a m e or denomina t ion t h e | same m a y | be | publ i shed . |
| 12. A n d be it fu r ther | enac ted Tha t all fines penal t ies | a n d |
forfeitures imposed by th i s Act shal l be recovered and appropr ia ted in t h e m a n n e r directed in t he said recited Ac t for t he recovery and appropr ia t ion of t he fines penal t ies and forfeitures imposed by the said
| recited | Act .
13 . And be it fur ther enacted Tha t th i s Act shal l commence |
and t ake effect from and after t he seventh day ensu ing t h e publ ica t ion thereof in t h e Sydney Gazette and shall from thence be and con t inue in force for two years .