Newspapers Duty Act 1827 No 3a (NSW)

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No judgment structure available for this case.

No. III.

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imposing a Duty upon all Newspapers

and Papers of a like nature printed to be dis-

i)ersed and made iiublie.

[3rd May, 1827.]

Freauibic. ~ \\T HEllEAS it is expedient to provide a fund for defraying the

charge of printing the publie Acts Proclamations Orders and Notices of the Government of this Colony by means of some Stamj) Duty upon all Newspapers and other Papers containing pnblic news or intelligence or serving the purpose of a Newspaper printed within the Colony of New South AYales or any of the Dependencies thereof

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From t(je 1st June

1827 four-penee

to be disposed of and made public Be it therefore enacted by His

sterling lo be petiK

Excellency the Governor of tlie Colony of New South AValcs and its

to H is Mfl jesty an

every Newspaper

Dependencies with the advice of the Ijegislative Council That from and

printed in New

after the first day of June next there shall he levied raised and paid to

South Wales,

the use of His Majesty His Heirs and Successors for every sheet half­ sheet or other piece of paper whereof any Newspaper or other such paper as aforesaid printed within the Colony of New South Wales or any of tlie Dependencies thereof shall consist the sum of Pour-pence Sterling.

The Collector of

2.

And l)c it further enacted by the authority and wntli the

Internal Revenue fo

havo the t-ire and

advice afoi'esaid Thiit the Duties lierehy granted sliall he under the care

agement of such ^nd management of the Collector of Internal Revenue or Acting Col-

Duties and to pro­

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vide stamps.

lector for the tiine-hcing wlio is hereby empowered and required to provide and use proper and sufficient stamps for expressing and denoting upon all such Newspapers and other Pajiers as aforesaid the said duties liereby granted thereon respect ively and to alter and renew such stamps from time to time as occasion shall require and also with

persona to mark

Also to employ

the approbation of the Governor or other person for the time-being

and atainp sneb

administering the Government of this Colony to employ such person

Ncwipapcis.

or persons as shall be found necessary for the marking and stamping

such

1857.

8" GKO. IV.

No. 3.

Netcsj^opei'S J)iUt/.

Kucli Nowspnpors anil otlior Papc'vs as atbvcsaid and for effoctiially col-

Icclin;^ and levying tlic Duties iicrcby granted.

3. And 1)0 it further enacted That before any such XewspaperKvcrysiu âoi-otiii:!-

or other Paper as aforesaid shall bo printed every sheet lialf-slieeL or'T™

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other i>ioct; 01 pa])cr upon wliicli tlio same is intenaeu to be prmtt^tl is intriuini to lo

shall he hrouglit to tlie office of the Collector of Inl.cu'nal Jteveiiue to

he marked and stamped and the said Collector of Internal llevenuc or ti'« Outy iiuing lirst

Acting Collector or such otlier person or persons as shall he employed*""'''

in that heluilf as aforesaid shall upon demand made tiiercof and ivitli-

out fee or reward stamp or mark such quantity or ])areel of ])aper as

shall he so brought upon which sneli Newspaper or otlier Paper as

aforesaid is intended to he ])rinted llie ]>erson or persons bringing the

same tirst paying the Duty hereby cliarged thereon and for which Duty

tile stamp thereto belonging shall he a sufficient discharge.

4. And he it farther enacted That if any person shall forge or To imp; oi-eoimiHr-

counterfeit or cause to he forged or count or feited nny ])late stamp or

die or any part of any plate stamp or die which shall have been ])vo-;mPo<>r this Act or

yided made or used in pursuance of this Act for expressing and denoting

the Dutv granted hv this Act ov sliail forge counterfeit or resemble or i!»- imi>i-csHi(m of

cause or ]>roeure to he forged counterfeited or resembled tlie impression p’oVJXXc oi3 on-

or any jiart. of the impression of any such plate stamp or die upon any ' ictioii by tunisitor-

PapCL' wliJitsoovur or sliali stamp or mark or causo or ])rooure to hoŷ ,av̂ .

stamjied or marked any Pa])cr whatsoever with any such forged oi‘

counterfeited plate stain]) or die as aforesaid or if any person sliall

utter or sell or ('xpose to sale any Ikijii'r having thereupon (lie impres­

sion of any sueli forged or counterfeited plate stamj) or die or part, of

any such plate stamp or die or any such forged counterfeited or

resembled impression or part of iinjiression as aforesaid knowing tlie

same respectively to he forged counterfeited or resembled or if any

jierson shall privately and secretly use any plate stamp or die whicli

sliall liave hi'cn so jirovided made or used as aforesaid then every

person so olfending and evoy person knowingly and wilfully aiding

abetting or assisting any ])crson or jiersons in eomniitting any siieii

oth'nee as aforesaid and Ijeing thereof lawfully convicted shall he sub­

ject to transportation to a jietial settlemimt for fourleen years.

5. And he, it further enacted That if any person shall knowingly ivî iiiy ibv printing

and wilfully print or publish or cause to he printed or published :iny

N('ws])apei’ or any other sueli Paper as aforesaid he or she shall forhut stiimpcii iro,

and pay over and above all other peuall ies reeovt'rahle under and by

virtue of this Act the sum of Twenty Pounds for every such Newspaper

or other Paper as aforesaid so printed upon ])aper not duly stamped

and proof made according to the jirovisions of a l^aw or Ordimmee made

by Ills Excellency the Governor u ith tlic advice of the Ijcgislativc

Council in the eighth year of the reign of His jircsent Majesty inti­

tuled “ An Aid for prevodiixj (he 3Hischkfs arinuuj froin. the jn'hUhxj

ixxl pnhVmldnij lAewspapers iuxl other Jdapers of a like uature bij

peraom not known (nxlfor repulatiixj the printhxj end pitbUmtiou of snch Fopers in other respects tnxl also for restraining the Abuses arising from the publication of blasphenions and seditious Jjibets" (hilt the party proceeded against is a printer or ])uhlislier oi’ sucli Newspaper or other Paper as aforesaid which shall be so juanted or pu!)lished upon paper not duly stamped shall in any proceeding to recover a penalty hereby imposed he deemed and tiikeii to he proof tliat, such party is a person wilfully and knowiiudy Jirinting or pub­ lishing or causing the same to 1)0 printed or ])uhlished contrary to the present jn’ovision of this Act unless lie or they shall satisfactorily prove the cojitrary thereof.

No. 3.

8*̂ GEO. IV.

1827.

Ncwsp(fpei's ])uty.

Any person who

G.

Aii(.t bc it further cnuctcd That if any pcu’son shall knowingly

keqi a

wulfully tako oi‘ j'ficcivc int{) and keep in his or her custody any

NowsiKiper iioUiJy Ne\vspa])er oj- other such Paper as aforesaid not duly stam2>cd as £20. atoresaul such person shall forieit for GA'ery such Newspaper or other

Paper as aforesaid not duly stamped which lie or she shall so take or receive into and keep in his or her custody the sum of Twenty Pounds.

Tcraons printing

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further cnuctcd Tliat all and every persons or person

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imstampwi p.iper printing 01* publishing or hemg concerned citlicr as proprietors or pro- Mich* snn*'i!?*wmi!d ̂ pidctor 01* otlunwhse in printing or publishing or causing to be printed iiavo n̂ iiMnudfor 01* publislicd ally Newspaper or other sucli Paper as aforesaid upon

paper not duly stamped as aforesaid shall be deemed and taken to oivc! to llis Majesty sucii sum as w'ould have accrued to llis Majesty in case the same had been printed upon paper duly stamped and in case any information or liill shall iic hied or other ]>roeeeding shall be had on His Majesty’s htdialf I’or the discovc'ry of the matters aforesaid and an account and payment of such sums it shall not he lawful for the defendant or ilefcndants on any account to plead or demur to such information hill or proceeding Imt he she or they shall he compt'llahle to make such discovt^ry as is hereby reipiired to he made Provided nevertheless that such discovery slial! not he made use of as (nnd(mce or otherwise in any other proceeding than that in wineli the discovery is made.

A sopni-ati; account

8 . And h(3

it further enacted That the Collector of Inttirnal

DutiL*^ilcicby

Revenue or Aci ina: Collector shall keep a separate and distinct account

whicu sJinii of all monies wdiieli shall he received by him in each and every year

cosu^offor and in respect of the Unties by this Act granted or cither of them

pniitiiig tiic j ’nLiic

sucli moni(3s shall bo a fund for the paymc.'nt and tjiscliargt!

.L a .iiK

niiMuciK^^,

posts charges and expenses w'hich shall he incurred by the Orders and Notices thereof during the curi'cnt year witliin which sucli sum or sums ol' money respectively hatJi and have been received and he paid applied and disposed of accordingly and the surplus if any which shall rtimain at the end of every or any year after the payment of such costs charges and expenses as aforesaid shall be applied towards defraying the expenses of the Colonial Police.

iiml tlio .siii'[tln3 if .any t{» (li:fi’:iy tlio expenses uf the

Governmt'nt of this Colony ftm printing the Public Acts iProelainations

Colujiia! Police.

Vine.-; penalties and

fortei Lin es liow

9. And be it furthei* enacted Tliat all fines penalties and forfeitures imposed by this Act shall on proof upon oath of the offence before any two or more Justices of the Peace of tlic Colony of New South Wales oi- of the Uependencies thereof he levied by distress and sale of the offi îider’s goods and chattels by wnrrant under the Itands and seals of such Justices rendering the overplus if any on demand after dcilueting tlie charges of such distress and sale to the person wdiose goods ami chattels shall have been so distrained and sold and for want of sufficient distress such Justices are hereby r’equircd to commit such offender to any common gaol within the said Colony or

leviable.

.

. any of the de]icndeneies tlicreof for any time not exceeding three calendar months and the money arising by all such fines penalties and forfeitures respectively when recovered shall he as to one moiety thereof to and foi* the use of our Sovereign Lord the King llis Heirs and Successors and he carried to and form jiart of the Colonial fund of the said Colony and he applied to the public uses and in support of the Government thereof and as to the otlier moiety of such fines to and for the use of such person as shall inform or sue for the same.

Hon*

GOVERN M O T

1827,

(lEO. TY.

No. 3.

(K)VKUNMK.VT NOTICE.

Colonial Sect ciar^'s OJ/iai;,

May

1827.

Wm?TiE.AH ft (‘(Ttain ]iill pui'jinrtiiip; to tin an Act on titled ‘‘ An Act for imposinij a Duty " ni>oti, all Ncjonpapem anil Ciipcr,<i o f n like natnre piiiitcd to be dixpersed and mado public’ hfttli bceii ]m)jlisliod in tin; Sydney Gmeitc bo;ii‘ino d;ito tlio fourth iiistunt ;iiul tin; r̂ aid

puiitioatioii hoiiig jii'omatim:

Not.ioi; is lioroby given to sueli ofl’oot and furtlior tli;tt :i11

natters am! tilings in the said Itill (Hmtalnod will bo suspoiidod tiiiUl full ami cfl'ertiial provision shall bo made in rospoet of the same in due course of law and the same shall 1h; published accordingly.

ISy (hinimand of Hi.s Excellency the (loveruor

ALEXANDER iM'LEAY.

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