Printing Act 1899 (NSW)

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Act No. 16, 1899.

Act No. 16, 1899.

Pr.TX'l'INfi.

An Act to consolidate the Acts for preventing the prin ting and pnhlishing of hooks and papers l)v persons not known. [20/7̂ Novem­ ber, 1899.]

E it enacted l)y tlic Queen’s Most Excellent Majesty, hy and Avith

the advice and consent oi the Lei^islative Council and LcgislatQc

Assembly of Ncav South Wales in Earliament assembled, and l)v the

authority of the same, as folloAvs :—

Sliort title, repeals,

and 8avinj:i;s.

1. (1) This Act may l)e cited as the “ Printing,’ Act, 1899.”

First Sehedule.

(2) The Acts mentioned in the First Schedule to tliis Act

arc to the extent ther(dn expressed herel)y repealed.

(3) Every notice given or delivered and every certificate granted or obtained under any Act hereby repealed shall he deemed to have been given, delivered, granted, or obtained respectively under this Act.

Persons liaving a

printing press, &c., to

2. (1) Every jAerson having any printing press or types for him in the presence of and attested l)v one vituess to be dcliverc'd to the prothonotary of the Supreme Court, or to one of the clerks in the said Court authorised by the said prothonotary to receive the sam('.

deliver notieo to the

printing in Netv South IVales shall cause a notice thereof signed by

prothonotary and

obtain a certificate.

8Geo. lA^No..5, s. 1.

(2) Every such notice shall be registered and tiled in such

10 Vic. No. 37, s. 1.

olFice, and the prothonotary, or such clerk as aforesaid, shall and he is hereby authorised and required to grant to the person giving such irotice a certificate of such notice har’ing been so delivered.

(3) Every person Avho w ithout liaAong deliA'ered such notice and obtained such certificate as aforesaid keeps or uses any such press or types for printing, or having delivered such notice and obtained such certificate as aforesaid uses any printing press or typos for printing in any place other tlian tlie place expressed in such notice shall forfeit and pay the sum of tA\enty pounds.

Tlie name of the

3. (1) Every person Avho prints any paper or book AA'hatsoevcr

to be published or dispersed, Avhether the same is

paper intended to

'

to be sold or gAen aAvay, shall print upon the front of CÂ cry such

be published.

jAaper, if the same is printed on one side only, and upon the first and

8 Geo. IV No. 5,8.2.

last leaAms of CA'cry paiicr or book Avhich consists of more than one leaf in legible characters his name and the name of the toAvn or place and also the name (if any) of the street, lane, court, or place in Avliich his dAAnlling-housc or usual place of abode is situated.

(2)

Act No. IG, 1899.

71

’Frlnlhuj.

AVliosocvcr omits so lo j)rint liis name and place of al)od(' on evei'y siicli ])a])or or l̂ ook printed by him, or })iil)lis]ies or dis})erses or assists in pnl)lisliinj^‘ or dispersing, eitiier gratis or for money, any [iap('r or 1)ook ■wliieii iia.s l)ccn printed since tlie tenth day of May, one thousand eiglit liundred and tAventy-seven, ami on wliich tlic name and |)lac(' of abode of tlie person printing tin' same is not printi'd as ai'oresaid shall I'or every copy of sncli paper oi' hook so printed or jmhlisiied or dispersed liy him forfeit and pay the sum of twenty jionnds :

Providi'd that no person oll'ending against this section shall ho liable for more than 1 wcnty-lh’e forfeitures or penalties for printing or ]in1)lishing or dispersing or assisting in pnhlishing or dispersing any nnmher of copies of one and the same paper or hook.

4 . E\'ery pi'i'son avIio jirints any paper for hire, reward, gain, or nven-poi-son wiio

profit shall AV'rite or cause 1,o he A'/ritten or printed in fair and. legible j’S'.'i'ov pr(lTa?k«'î

characters on one copy at haist of every piajier so printed by him the onr coiiv loi-Ox

name and place of abode oi' the pm-sons hv Avliom he Avas enijiloved lo

prin t the same', and every such iicrson Avho omits or neglects so to do,

'

or to keej) or preserve such copy for the space of six mouths next after the printing thereof, or to produce and shoAV the same to any justice of the peace avIio Avithin the said space of six months requires to sec the same, shall for every such omission, neglect, or refusal forfeit and pay the sum of tAA'cnty pounds.

5. Any person to Avliom or in Avhose jiresence any printed paper r.M̂ons sUiing m-

not IniA’ing the name and place of abode of any person printed thereon

in the manner hereinbefore directed, or liaving a fictitious or false pnnior’s iianu-, &o., nanu' or place of abode ]Ariiited thereon, is sold or offered for sale or !|.'j7,™",’a',u.ivne.i is deliA'ered gratis or oifered so to lie, or is pasted, fixed, or left in any

jnihlic place, or in any other manner exposed to public vieAV, may seize and detain the jiersons so selling or olfering to sell or delivering or otfering to deliver, or pasting, fixing, or IcaA’iiig in any public place or in any other manner cxjiosing to public vicAV any such pa})cr as afore­ said, and fortliAvith take and conA'oy him before some justice of the peace or deliver him to some constable or other peace olficcr to ho taken and coiiA'eycd before such justice as ai'oresaid, to the intent that such justice may hear and di'terminc AAhether such person has been guilty of any offence against this Act.

6 . Nothing in this Act contained shall extend to

Documonisnna

(1) the impression of aiiA'engraving; or

papcM-s excopim,

(2) the printing by letter-press of the name or the name and address or business or profession of any person and the articles in Avhich he deals ; or

(3) any papers for tlie sale of estates or goods by auction or

other Aviso;

or

( f) any hank note, hill of exchange, or promissory note; or

'

(5)

Act No. 16, 1899.

Frintiiig.

( 5)

any bond or other security for the payment of money; or

(6)

any hill of lading, policy of insurance, letter of attorney, deed

or agreement

(7) any receipt for money or goods ; or

(8) any warrant or proceeding in the Supreme Court or in any

inferior Court; or

(9) any papers printed hy tlie authority of any department of

Government.

Justices of tlie peace

may by ■warrant

7. If any justice of the pence from inl'ormation upon oath has

direct search in tlie

reason to suspect that any printing-press or types for printing is or are

day-time.

used or kept for use w ithout notice given and ceiditicate obtained as

8 Geo. IV No. 5 s. G.

required hy this Act, or in any house or place not included in such notice and ccrtitlcatc, such justice may, hy warrant under his liand and seal, direct and authorise any constable or other peace officer in the day-time, Avith such persons as are called to his assistance, to enter into any such house or place and search for any printing-press or types for printing ; and ewery such peace officer, Avifh such assistance as aforesaid, may enter into such house or place in the day-time accordingly, and seize, take, and carry aAvay every printing-press found therein, together Avith all the types and other articles thereto belonging and used in printing, and all printed papers found in such house or place.

Penalties to bo sued

8 . Xo person shall he prosecuted or sued for a penalty imposed

for within three

months after

hy this Act, unless such prosecution is commenced or such action is

ineuiTed.

brought Avithin three months ni'xt after such penalty has been incurred.

H id. a. 7.

Penalties how

9. Every penalty imposed hy this Act exceeding the sum of for the same hy action of debt in the Supreme Court, and any penalty imposed hy this Act, and not exceeding twenty ])ounds, may he recovered before any tAVO or more justices of the peace in a summary manner, and shall, if not paid A\ithin six days after conviction, he levied hy distress and sale of the olfcndc'r’s goods and chattels, and for Avant of sufficient distress such offender may he imprisoned for any p('riod not exceeding six months, nor less than three months, or until such penalty is paid.

recoverable.

tAventy pounds may he sued for and recovered by any person Avho sues

I hid. s. 8.

Justices may mitigate

jienalties.

10. If any justice's before Avhom any person is convicted of any offence against tin; proA’isions of this Act see cause to mitigate sueh penalty such justices may mitigate or lessen the same to any sum not less than fix e pounds over and ahoA C all reasonable costs and charges expended or incurred in the prosecution.

Ibid. s. 9.

any conviction or

Persons aggrieved by

11. (1) If anyperson thinks himself aggricA'cdhyanyconviction,

judgment may

judgnu'nt, or d('t('rniination of any justices relating to any matter or

a])})eal to (Quarter

Sessions.

thing contained in this Act, he may a])pcal fo the Court of General

Ibid. s. 10.

or General Quarter Sessions to he holden nc'xt after the expiration of tAventy days from the date of such conviction, judgment, or

detei’mination.

(2)

Act No. 1(3, 1899.

73

Printing.

(2) Such person shall gave six days’ notice of such appeal to the person prosecuting For sucli pcn.alty, and the said Court may adjourn the hearing of the said appeal until the next Court of General or General Quarter Sessions, and may in like manner mitigate any penalty and may ord(>r any money to he returned ndiich has heen paid or levied under any conviction as aforesaid, and may also oi’der and award such costs to he paid hy either party to the other as the said Court thinks reasonable.

12. The notiees and certiiicates required to he delivered and

of notices,

granted in pursuance of this Act, and convictions hy justices of the

IH'aee For olFences against this Act, may he in the several forms set s Geo. iv. Xo. .->

Fortli For such purposes rcs])ectivt'ly in the Second Schedule hereto.

second sciie.inic

SCHEDULES.

PIEST SCHEDULE.

Sec. 1.

Kcf(‘i’t‘nc'c to Act.

'I’itle or sliort title.

Extent of rejieiil.

S (ico. ] \' iS'o, 5

An Act for preveiiliiit; the printing and publishing; The whole Act.

i

of books and papcr.s by persons not known.

It) \ ’ic. Xo.

An Aetto enable iheProthonotarv of theSupreine' The unrepeah'd por-

'

Court or his deputy to perforin certain duties

tion.

with respect to the ])rinting and publishing of

book.s and newspapers.

SllCOAD

s n iE D U L E .

See, 12.

Form of notice to the Prothonotarij of the Supreme Court that nnij pernon licepr am/

printing prexs or types for printing.

To the Prothonotary of the Supreiuc Court,—

T, A. n. of

do hereby declare that 1 have a ])rinting ]n*ess and ty|)o.s for Form of notices,

lu'inling, which 1 ])ropose to u.se foi' jiriutiiig within {as the case may he) and which 1 require to be entered foi' that i)urpose in pursuance of the “ Printing Act ISO!)."

Witne.ss niy hand this

day of

Signed in the presence of

J'orm of certificate that notice has hecn gieen of a printinrj press or types for printiiu/.

h

the Prothonotary of tlie Supreme Court of Xew South APales for a Form of eertifieate.

clerk of the Supreme Court of Xew Soutli Wales, being duly authorised in tlial behalf by the Prothonotary of the said Court), do hereby certily"that A. B. of hath delivered to me a notice in writing aiipcaring to be signed liy him, and attested by C. 1). as a witness to his signing the same, that he the said A. B. hath a printing ])ress and ' ' ' "

types for printing which he jiroposcs to use for ])rinting within

and which he

lias required to be entered pursuant to tlie “ Printing Act 1899.”

Witness my hand this

day of

Form

Aft Ao. 17, 1899.

liegistration o f

Deaths and Ilarriuges.

Form of conviction of havhu) or using r printinq p i’css or ti/pcs fo r priniinq without notice, or using the same in n place not spccijicd in such no/icc, or ang other ofence against the Act.

Porin (if conviction.

To WIT.—Be it remembered that mi thi.s

day of

in the

yc.ar of the reion of .\. B. of is duly eonvicted before us justices of tlio peace for tlie rolonv of New South Wale.s, in pur.suance of the “ i’rintino Act 1899,” for that the said A. B. on the day of at did, contrary to tlie said Act, keep {or use, as the case mag he) a printing press or types for printing, not having given such notice and obtained such certificate as, by the said Act, is required {or in being a place md specified in any notice given by the said A. B. in ])ursuanco of the said Act whereupon he hath iditaincd such certificate as by the said Act is required, or not printing his name, Ac., as the case maĝ require, or not keeping a copy of a ]>aper printed by him for hire, re'vard, gain, or [irolit, to wit, a paper {ilescrihing it) which the said A. B. printed. Ac., or nni producing a copy of a paper printed, Ac., or specifgmg any other qfence against tln‘ Act, and the time and place, when and where the same was committed). AVherct'orc we the said do in pnrsiianee of the said iVct

adjudge that the said .V. B. do pay the .-inii of

as a penalty for his oH'eiice.

(Tiven under our hands and se.ais this

day of

in the year of

our Lord

and in the

year of the reign of llei' present

Majesty Queen Victoria.

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