Blasphemous and Seditious Libels Act 1842 No 1a (NSW)

No. XIX.

An Act to repeal so much of an Act inti tuled

" An Act for preventing 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 and also for " restraining the abuses arising from the publica- " tion of blasphemous and seditious Libels" as

" Libels" it was amongs t other t h ings enacted t h a t if any person should he legally convicted of hav ing after t he pass ing of t h e said recited A c t composed p r in t ed or publ ished any b lasphemous or seditious Libel t end ing to b r i n g in to ha t r ed or con tempt t he Government of t h e Colony of N e w South W a l e s as by law establ ished or to excite; H i s Majesty 's subjects to a t t e m p t t he a l tera t ion of any m a t t e r in C h u r c h or S ta te as by law establ ished otherwise than bv lawful means and should

relates to the sentence of banishment on a second conviction and further to amend the

same. [3rd January 1842.]

WHEREAS by a n Ac t of t he Governor and Council of New South Wales passed in t he e igh th year of t h e re ign of H i s la te Majesty

King George t h e F o u r t h in t i tu led " An Act for preventing 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 and also for	restraining
" the abuses arising from the publication	of blasphemous	and	seditious

should after h a v i n g been so convicted offend a second t ime and should be thereof legally convicted before t h e Supreme Cour t such person m i g h t on such second convict ion be adjudged at t he discret ion of t h e Cour t e i ther to suffer such p u n i s h m e n t as m i g h t t h e n by law be inflicted in cases of h i g h misdemeanors or t o be banished from the said Colony a n d its Dependencies for such t e r m of years as t h e said Cour t should order and whereas it is expedient to repeal so m u c h of t he said recited Act as relates to t h e sentence of ban i shmen t on a second convict ion Be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t he advice of t he Legislat ive Council thereof Tha t so m u c h and such pa r t s of t h e said reci ted A c t

as re la te to ban i shmen t	on a second convict ion shall be and t h e same
are hereby repealed.

2. A n d be it enacted Tha t from a n d after t h e pass ing of th i s

A c t i t shall no t be lawful for any person or persons whomsoever to commence prosecute enter or file or cause or p rocure to be com­ menced prosecuted en te red or tiled in m a n n e r hereinaf ter provided any act ion bill p la in t or informat ion in t h e Supreme Cour t a t Sydney in t h e Colony aforesaid or in any Circui t Cour t of t h e said Colony or before any Jus t i ce or Jus t ices of t h e Peace ac t ing in and for any p a r t of t he said Colony no t be ing wi th in t he Dis t r ic t of P o r t Ph i l l ip aga ins t any person or persons whomsoever for t h e recovery of any fine pena l ty or forfeiture incur red or which m a y be incur red by v i r tue of t he said reci ted Act unless t h e same shall be commenced prosecuted entered or filed in t he n a m e of H e r Majes ty ' s A t t o r n e y or Solicitor General of

t h e said Colony for t h e t ime be ing nor in t h e Supreme Court a t Mel ­

bourne in t h e Dis t r ic t of P o r t Ph i l l ip in t he Colony aforesaid nor

before any Jus t i ce or Jus t i ces of t h e Peace ac t ing in and for t h e said district unless t h e same be commenced prosecuted entered or filed in t he n a m e of t he Crown Prosecutor for t he t ime being in and for t he said dis t r ic t and if any such act ion bil l p la in t or informat ion shall be commenced prosecuted entered or filed in t h e n a m e of any other person or persons for any t h i n g a l ready or which m a y hereafter be done or omit ted to be done unde r the said recited Ac t t he same and every p r o ­ ceeding the reupon h a d are hereby declared to be and the same shal l be nu l l and void to all i n t en t s a n d purposes whatsoever .

3. And be i t enac ted T h a t from and after t h e pass ing of th is

Ac t it shal l be lawful for any person or persons aga ins t w h o m any original wri t sui t act ion bill p la in t or informat ion shal l have been sued out commenced or prosecuted on or before t h e day of the pass ing

incur red unde r t h e said reci ted A c t to apply to t h e Cour t in which	of th i s Act for t h e recovery of any pecuniary penal ty or penal t ies
such original wr i t sui t ac t ion bil l p la in t or informat ion shall have been sued out commenced or prosecuted if such Cour t shall be s i t t ing or if no t t hen to any J u d g e of t he said Sup reme Cour t a t Sydney or to t h e
Resident J u d g e of t he said Supreme Cour t a t Melbourne aforesaid as
t he case m a y be for an order d i rec t ing t h a t such wr i t sui t act ion bil l
p la in t or informat ion shal l be discont inued upon p a y m e n t of t h e costs incur red in respect thereof u p to t h e t ime of such appl ica t ion being m a d e such costs t o be t axed according to t h e pract ice of such Cour t and every such Cour t or J u d g e is hereby au thor ized a n d requi red upon such appl icat ion and upon proof t h a t sufficient not ice of such applica­ t ion has been given to t he plaintiff or plaintiffs or t o his or the i r a t tor­ ney to m a k e such order as aforesaid a n d u p o n the m a k i n g such order and paymen t or tender of such costs as aforesaid such wri t sui t act ion
bill p la in t or informat ion shall be for thwi th discontinued.
4. A n d he i t enacted Tha t it shall be lawful for any Jus t i ce of t h e Peace before w h o m any offence agains t t h e provisions of t h e said reci ted Act the penal ty for which shal l no t exceed twen ty pounds shall

be

be t r ied a n d such J u s t i c e is he reby requi red upon any informat ion	ex­
hibi ted or compla in t m a d e by any person duly author ized in t h a t	behalf

to s u m m o n t h e p a r t y accused a n d also t h e witnesses on ei ther side to be a n d appear before t h e said Jus t i ce or before any other Jus t i ce of the Peace a t a t i m e and place to be in such s u m m o n s appointed for t h a t purpose and whe the r t he pa r ty accused shall appear or n o t i t shal l be lawful for t h e said Jus t i ce or any o ther Ju s t i ce present a t t h e t ime and place appo in ted for such appearance to proceed to examine in to t h e fact and u p o n due proof m a d e thereof to t h e satisfaction of any such Jus t i ce ei ther by confession of t he pa r ty accused or by t h e oath of one or more credible wi tness or witnesses to convict such offender and to give j u d g m e n t for t h e pena l ty and costs to be assessed by any such Jus t i ce and to issue his w a r r a n t for levying such pena l ty and costs on t h e goods and cha t te l s of t he offender and to cause sale to be made thereof in case t h e same shall no t be redeemed wi th in t h e five days t h e n nex t ensu ing r ende r ing to t h e offender t h e overplus (if any) after deduct ing t he reasonable costs and charges a t t end ing such distress and sale and where no sufficient distress can be found to answer such pena l ty and costs such Jus t i ce or a n y o ther Jus t i ce of t he district or place in which such conviction shal l t ake place shall commit such offender to the 1 common gaol or house of correct ion the re to r emain for any t ime not exceeding th ree calendar m o n t h s nor less t h a n one calendar m o n t h unless such pena l ty costs and charges shal l be sooner pa id and satisfied and if any person shal l find himself aggrieved by t h e j u d g m e n t of any such J u s t i c e i t shal l be lawful for such person to appeal agains t t he same to t he General or Qua r t e r Sessions of t he Peace for t he district or place where t h e offence shall have been commit ted which shall be held nex t after t h e expira t ion of ten days from t h e day on which such convict ion shall have been m a d e of which appeal not ice in wr i t ing shal l be given to t h e prosecutor or informer seven clear days previous to t h e first day of such Sessions and it shall be lawful for the Jus t i ces a t such Sessions to examine witnesses on oa th and finally to hear and de te rmine such appeal a n d in case t h e j u d g m e n t appealed against shall be confirmed it shal l be lawful for t h e Jus t ices a t such Sessions to award and order t h e person convicted to pay in addi t ion to t he or iginal j u d g m e n t such costs occasioned by such appeal as to t h e m shall seem meet Provided always t h a t no person convicted before any such Jus t i ce shall be ent i t led or pe rmi t t ed to appeal against such convict ion in m a n n e r aforesaid unless he shall w i th in t h r ee days after

such convict ion m a d e en te r in to a recognizance wi th two	sufficient
pay the a m o u n t of t he pena l ty and costs in which he shall have been	suret ies before such Jus t i ce to enter and prosecute such appeal and to
convicted and also such fur ther costs as shall be awarded in case such conviction shall be confirmed on such appeal P rov ided also t h a t no such proceedings so to be t a k e n as aforesaid shall be quashed or vacated for w a n t of form or shal l be removed by certiorari or b y any other wr i t or process whatsoever in to any superior or o ther Cour t or jur i sd ic t ion in any pa r t of t h e said Colony any law s t a tu t e or usage to t h e cont ra ry no twi th s t and ing Provided fur ther t h a t i t shall be lawful for any Jus t i ce of t he Peace before w h o m any person shall lie convicted of any offence agains t t h e said reci ted Ac t to mi t iga te as he shall see fit any pecuniary pena l ty by the said Ac t imposed in cases where such Jus t i ce shal l see cause so to do provided t h a t all reasonable costs and charges incur red as well in discovering as in prosecut ing for such offence shal l be always allowed over and above the sum to which such pena l ty shal l be mi t iga ted and tha t such mi t iga t ion do not reduce t h e pena l ty to less t h a n one-fourth of t he pena l ty incur red exclusive of such costs and charges any t h i n g here in contained

5. A n d be i t enacted Tha t t he Jus t i ce before w h o m any person

shal l be convicted of any offence u n d e r t h e said reci ted Ac t shall cause t he conviction to be m a d e out in t he m a n n e r and form following or in any other form of words to t h e l ike effect mutatis mutandis t h a t is to say—

County of	}	B E it remembered t h a t on t h e
day of in t he year of our

to wit . Lord one t housand e ight h u n d r e d and

forty- at A . B .

of was duly convicted before me

C. I ) . Esq . one of H e r Majesty 's Jus t i ces of the Peace for the Colony of New South Wales in pu r suance of an A c t passed in t he fifth year of t h e re ign of H e r p resen t

Maiesty Queen Vic tor ia in t i tu led (insert title of Act)

for tha t t h e said A. B . (here state offence)

con t ra ry to the form of t h e Ac t in t h a t case made and provided for which offence I do adjudge t h a t t he said A. B . ha th forfeited t h e s u m of

and (if t h e -Justice mi t iga te t he pena l ty) which sum of

I do he reby mi t iga te to t h e sum of

over and above the sum of

which I do allow to E . F . for his reasonable costs and

expenses in p rosecu t ing th is convict ion.

Given under my h a n d and seal &c.

G. A n d be it enacted Tha t from and after t he pass ing of th i s Act it shall no t be necessary t h a t t he n a m e of any propr ie tor or edi tor should appear in t he impr in t of any newspaper or t h a t t h e n a m e of such editor should be inser ted in any affidavit or affirmation requi red to be made under t h e said reci ted Act and t h a t no pena l ty shal l be incur red by any such propr ie tor or editor or by any other person in respect of t h e omission of such propr ie tor ' s or edi tor 's n a m e in t he impr in t of any newspaper or of such edi tor ' s n a m e in any affidavit or affirmation requi red to be m a d e under t h e said reci ted Act any t h i n g