No. V.
An Act for prevent ing the pr int ing and pub
lishing of Books and Papers by persons not
| WH E R E A S | W r i t i n g s are by law answerable for t h e | contents | thereof | a n d |
| all | persons | p r i n t i n g | or | pub l i sh ing | any | Pape r s | or |
| i t is therefore h igh ly | impor t an t | t o | t h e | publ ic peace t h a t t h e | p r in t e r s |
| of all Books and P a p e r s should be k n o w n Be i t enacted by H i s Excel lency t h e Governor of t h e Colony of N e w South Wales and i ts Dependencies with t h e advice of t h e Legislat ive Council t h a t from a n d after t h e t e n t h day of M a y in s t an t every person hav ing any printing- press or types for p r i n t i n g in t h e said Colony shall cause; a not ice thereof signed by h i m or he r in t h e presence of and a t tes ted by one witness to be delivered to t h e Colonial Secretary of t h e said Colony for t h e t ime-being or left a t his office where every such notice; is to be registered and filed and such Colonial Secretary shal l and he is hereby | authorised |
au thor i sed a n d requi red to g r a n t t o t h e person giving such not ice a certificate of such not ice hav ing been so delivered and every person who w i t h o u t hav ing delivered such not ice and obta ined such certifi ca te as aforesaid shal l from and after t h e said t e n t h day of M a y ins t an t keep or use any such press or types for p r i n t i n g or hav ing delivered such notice and obtained such certificate as aforesaid shall use any p r i n t i n g press or types for p r i n t i n g in any other place t h a n t h e place
| expressed in such not ice shall forfeit and lose t h e s u m of Twen ty | P o u n d s . |
2. A n d be i t fur ther enacted Tha t from a n d after t h e said t en th day of M a y i n s t a n t any person who shal l p r i n t any P a p e r or Book whatsoever which shal l be m e a n t or in tended to be publ i shed or dispersed w h e t h e r t h e same shall be sold or given away shall p r in t upon t h e front of every such P a p e r if t h e same shal l be p r in ted on one side only and u p o n t h e first and last leaves of every P a p e r or Book which shall consist of more t h a n one leaf in legible charac te rs bis oi lier n a m e a n d t h e n a m e of t he t o w n or place a n d also t h e n a m e (if any) of t h e s t reet l ane cour t or place in which his or he r dwell ing- house or u sua l place of abode shall be and every person who shall omit so to p r i n t his or her n a m e and place of abode on every such Pape r or Boole p r in ted by h i m or her and also every person who shall publish or disperse or assist in pub l i sh ing or dispersing e i ther g ra t i s or for money any p r in ted Pape r or Book which shall have been p r in ted after t he said t e n t h day of M a y in s t an t a n d on which t h e n a m e and place of abode of t h e person p r i n t i n g t h e same shall no t bo p r in t ed as aforesaid shal l for every copy of such Paper or Book so publ i shed or dispersed by h i m or her forfeit and pay t h e sum of Twen ty Bounds Provided a lways t h a t n o t h i n g herein contained shal l ex tend to m a k e
| any person offending aga ins t th i s Ac t l iable for more t h a n | twenty-five |
| forfeitures | or | penal t ies | for | p r i n t i n g | or pub l i sh ing or dispersing | or |
| assis t ing in pub l i sh ing or dispersing any n u m b e r of copies of | one a n d |
| t h e same P a p e r or | Book. |
| 3 . A n d be i t fu r ther enacted T h a t every person who | from | a n d |
a l ter t h e said t e n t h day of M a y ins t an t shal l p r i n t any Paper for h i re reward gain or profit shal l carefully preserve and keep one copy a t least of every Baper so p r in t ed by h i m or he r on which he or she shall wr i te or cause to be wr i t t en or p r in ted in fair and legible charac ters t h e n a m e a n d place of abode of t h e person or persons by w h o m h e or she shall be employed to p r i n t t h e same and every person p r i n t i n g any P a p e r for h i re reward gain or profit w ho shal l omi t or neglect to wr i te
| or cause to be wr i t t en or p r in ted as aforesaid t h e n a m e a n d place of | abode of his or he r employer on one of such pr in ted Papers or to keep |
| or preserve t h e same for t h e space of six calendar m o n t h s nex t after t he p r i n t i n g thereof or t o produce and shew t h e same to any Jus t i ce of t he Peace who wi th in t h e said space of six calendar m o n t h s shal l requi re to sec t h e same shal l for every such omission neglect or refusal |
| forfeit | a n d lose t h e s u m of Twen ty | Bounds . | |
| 4. A n d be i t fu r ther enacted T h a t i t shal l be lawful for any person to w h o m or in whose presence any p r in ted P a p e r no t h a v i n g the n a m e and place of abode of any person p r in ted thereon in t h e manne r hereinbefore directed or hav ing a fictitious or false n a m e or place of abode p r in ted the reon shal l be sold or offered for sale or shal l be delivered gra t i s or offered so to be or shal l be pas ted fixed or left in any publ ic place or in any o the r m a n n e r exposed to publ ic view to seize and detain t h e persons so selling or offering to sell or delivering or offering to deliver or pas t ing fixing or leaving in any publ ic place or in any other m a n n e r exposing to publ ic view any such Pape r as aforesaid and for thwith to t a k e and convey h im or her before some J u s t i c e of t he Peace or to deliver h i m or her to some Constable or other Peace Officer to be t aken and conveyed before such Jus t i ce as aforesaid |
to
| t o t h e in t en t t h a t such Jus t i ce m a y hear and de termine whe the r | such |
| person h a t h been gui l ty of any offence agains t th i s Act . |
5. Provided a lways and be it fur ther enacted Tha t no th ing here in contained shall ex tend to t h e impression of any engraving or to t h e p r i n t i n g by le t ter press of t h e n a m e or t h e n a m e and address or business or profession of any person and t h e art icles in wh ich he deals or to any papers for t h e sale of estates or goods by auc t ion or otherwise or to any bank note bill of exchange or promissory note or to any bond or o ther securi ty for t he paymen t of money or to any bill of lading policy of insurance le t ter of a t torney deed or agree m e n t or to any receipt for money or goods or to any w a r r a n t or proceeding in t he Supreme Cour t or in any inferior Cour t or to any
| P a p e r s | pr in ted | by | t h e | au thor i ty | of any | D e p a r t m e n t | of | Government . |
6 A n d be i t fur ther enacted Tha t if any Jus t i ce of t he Peace
shall from informat ion upon oa th have reason to suspect t ha t any p r i n t i n g press or types for p r in t ing is or are used or kep t for use with out not ice given and certificate obtained as required by th is Act or in any house or place not included in such notice and certificate it shall be lawful for such Jus t i ce by w a r r a n t u n d e r his h a n d and seal to direct and author ise any Constable or other Peace officer in l he day-l ime with such person or persons as shall be called to his assistance to enter in to any such house or place and search for any p r i n t i n g press or types for p r in t i ng and it shall be lawful for every such Peace Officer w i t h such assistance as aforesaid to enter in to such house or p lace in the day- t ime accordingly and so seize t ake and car ry away every p r in t i ng press found there in together w i th all t he types and other art icles there to be longing and used in p r i n t i n g and all p r in ted Papers found in such house or place.
7. Provided always Tha t no person shall be prosecuted or sued for a pena l ty imposed by th is Act unless such prosecut ion shall be commenced or such act ion shall be b r o u g h t wi th in th ree calendar mon ths nex t after such nenal ty shall luu'c been incurred.
8. A n d be i t fur ther enacted T h a t any pecuniary penal ty im posed by th is A c t exceeding t h e s u m of Twen ty P o u n d s m a y be sued for and recovered by any person w ho will sue for t he same by act ion of debt in t he Supreme Cour t and any pecuniary penal ty imposed by th is A c t and not exceeding Twenty P o u n d s shall and may be recovered before any two or more Jus t i ces of t h e Peace in a s u m m a r y m a n n e r and shall if no t paid w i th in six days after conviction be levied by distress and sale of t h e offender's goods and chat te ls and for w a n t of
| sufficient distress by impr i sonment of such offender w i thou t bai l or |
mainpr ize for any t ime not exceeding six calendar m o n t h s nor less
t h a n th ree m o n t h s or un t i l such pecunia ry penal ty or fine be paid.
9. A n d be it fur ther enacted Tha t if any Jus t i ces before w h o m any person shal l be convicted of any offence or offences agains t t h e provisions of th i s A c t shall see cause to mi t iga te such pena l ty or penal t ies it shall be lawful for such Jus t i ce to mi t iga te or lessen the same to any s u m not less t h a n F ive P o u n d s over and above all reason able costs and charges expended or incur red in t he j>rosecution.
10. A n d be it fur ther enacted Tha t if any person or persons
shall t h i n k himself herself or themselves aggrieved by any convict ion
j u d g m e n t or determinat ion of any Jus t i ce or Jt ist ices re la t ing to any
| m a t t e r | or | t h i n g contained in th i s Act t hen and in t h a t case he she or |
| they m a y appeal to t he Jus t ices of the Peace at t he | Quar t e r | Sessions |
| to be hoi den nex t after | t h e expira t ion of twen ty days from t h e date |
of such convict ion j u d g m e n t or de terminat ion first g iv ing six days ' not ice of such appeal t o t h e person or persons prosecu t ing for such penal ty or penal t ies and t h e said Jus t ices m a y if t h e y see cause
| adjourn | t h e hear ing of the said appeal unt i l the n e x t | Genera l | Q u a r t e r |
| Sessions and they may in like m a n n e r if they sec cause mi t iga te | any |
pena l ty
pena l ty or penal t ies and may order any money to be r e tu rned which shal l have been paid or levied unde r any conviction as aforesaid and m a y also order and award such costs t o be paid by c i ther pa r ty to t he
| o the r as t hey | shall t h i n k and j u d g e reasonable. |
| 1 1 . | A n d be i t fu r ther | enacted T h a t t h e money ar i s ing from | the |
fines penal t ies and forfeitures imposed by th i s A c t shall when recovered be appl ied and disposed of in m a n n e r hereinafter ment ioned t h a t is to say one moie ty thereof to and for t he use of t h e person or persons who shal l inform or sue for t h e same and t h e o ther moie ty 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 and to be carr ied to and form a p a r t of t he Colonial fund for t h e publ ic use and in suppor t of t h e Government of t h e said Colony.
| 12. A n d be i t fur ther enacted T h a t t he notices and | certificates |
| requi red | to | be | delivered | and | g ran ted | in p u r s u a n c e of th i s A c t and |
convict ions by Jus t i ces of t he Peace for offences aga ins t th i s Ac t shall or may be in t h e several forms set forth for such purposes respectively in t h e Schedule to th i s Act annexed.
| S C H E D U L E | T O | W H I C H | T H E | P R E C E D I N G | A C T | R E F E R S . |
| form | of Notice | to the Colonial | Secrelaiy | for the Colony | of New | South | Wales that | any |
| person | keeps any Printing | Press | or Types J or | printing. |
| To the Colonial | Secretary. |
| I | A . | R. | of | do hereby declare that I have a P r i n t i n g Press and T y p e s |
for p r i n t i n g w h i c h I propose to use for p r i n t i n g w i t h i n (as the case m a y b e ) and w h i c h I require to be entered for t h a t purpose in pursuance of an A c t passed by H i s E x c e l l e n c y the Governor of the Colony of N e w S o u t h W a l e s w i t h the advice of the Legis la t i ve Counci l in the e i g h t h year of the re ign of H i s Majes ty K i n g George the Fourth i n t i t u l e d " An Act for preventing the printing and publishing of Books and Papers by
| persons | not | known" | W i t n e s s | m y | H a n d | th i s | day | of |
S igned in the presence of
| form | of Certificate | that Notice has been given of a Printing | Press or Types for | printing. |
| I | Colonial Secretary | for the | Co lony of N e w | S o u t h W a l e s do hereby |
| cert i fy | that | A . | R. | of | ha th del ivered to m e a N o t i c e in w r i t i n g appearing to be |
| s igned b y h i m and at tes ted b y C. D . as a w i tnes s | to his s i g n i n g | the | same | that ho the said |
| A . | J>. | ha th | a | P r i n t i n g | P r e s s and T y p e s for | p r i n t i n g | w h i c h | he proposes | to use for | p r i n t i n g |
| w i t h i n | and w h i c h he has required to be entered pursuant to an A c t passed by |
| I I i s E x c e l l e n c y | the Governor of | th i s Colony w i t h | the | advice of | the | L e g i s l a t i v e | Counci l | in |
| the | e i g h t h | year | of | H i s | Majesty 's | re ign i n t i t u l e d | "An | Act | for | preventing | the | printing |
| and | publishing | of | Books | and | Papers | by | persons | not | known" | W i t n e s s | m y | H a n d | th i s |
day of
| form | of | Conviction | of having | or using | a Printing | Press | or | Types for | printing | without |
| Notice or using the same in a place not specified | in such Notice or any other | offence |
| against | the | Act. |
| T o | W I T . — R e it remembered that on th i s | day of | in the | year |
| of the re ign of | A . R. of | is du ly convic ted before us |
| J u s t i c e s of the P e a c e for | the Colony | of | N e w | S o u t h Wales | in pursuance of an A c t of | H i s |
| E x c e l l e n c y | the Governor w i t h the advice of the Leg i s la t ive | Counci l of th is Colony passed | in |
| the e i g h t h year | of | the re ign of | K i n g George the F o u r t h i n t i t u l e d | "An | Act | for | preventing |
| the printing | and publishing | of Books and | Papers | by persons | not known" | for that the said |
| A . | R. on the | day of | a t | did contrary to the said A c t k e e p |
| (or use as the case m a y be) | a P r i n t i n g Press or T y p e s for | p r i n t i n g | no t | h a v i n g | given | sucli |
N o t i c e and obta ined such Certificate as b y the said A c t is required (or in being place not specified in a n y N o t i c e given b y the said A . R. in pursuance of the said A c t whereupon he h a t h obta ined such Certificate as b y the said A c t is required or not p r i n t i n g h i s name &c. as the case m a y require or not k e e p i n g a copy of a paper pr inted by h i m for hire reward gain or profit to w i t a paper (descr ib ing i t ) w h i c h the said A . R. pr inted &c. or not producing a copy of a paper pr inted &c. or spec i fy ing any other offence against the A c t and the t ime and place w h e n and where the same was c o m m i t t e d ) Where fore we the said
| do adjudge that he the said A . R. do pay the sum of | as a pena l ty for |
| h i s offence in pursuance of the | said A c t | G i v e n under our H a n d s and Seals | t h i s |
| day of | in the year of our Lord | and in the | year of the reign |
| of H i s present Majes ty | K i n g |