1798: 38 George 3 c. 78: 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.
[28 June 1798.]
- Whereas it is expedient that Regulations should be provided touching Publications of the Nature hereinafter mentioned: be it therefore enacted by the King’s most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That no Person shall, after forty Days from the passing of this Act, print or publish, or cause to be printed or published, any Newspaper or other Paper, containing public News or Intelligence, or serving the Purpose of a Newspaper, until an Affidavit or Affidavits, or Affirmation or Affirmations, made and signed as hereinafter mentioned, shall be delivered to the Commissioners for managing his Majesty’s Stamp Duties, at their Head Office, or to some of their Officer or Officers in the respective Towns, and at the respective Offices which shall be named and appointed by the said Commissioners, for the purpose of receiving such Affidavits or Affirmations, (but which shall not be required to be upon stamped Paper,) containing the several Matters and Things hereinafter for that purpose specified and mentioned.
- And be it further enacted, That such Affidavit or Affidavits, Affirmation or Affirmations, shall specify and set forth the real and true Names, Additions, Descriptions, and Places of Abode of all and every Person or Persons, who is and are intended to be the Printer and Printers, Publisher and Publishers, of the Newspaper or other Paper mentioned in such Affidavit or Affidavits, Affirmation or Affirmations, and of all the Proprietors of the same, if the Number of such Proprietors, exclusive of the Printer and Publisher, does not exceed two, and in case the same shall exceed such Number, then of two of such Proprietors, exclusive of the Printer and Publisher, and also the Amount of the proportional Shares of such Proprietors in the Property of the Newspaper or other Paper, and the true Description of the House or Building wherein any such Paper is intended to be printed, and likewise the Title of such Paper.
- Provided always, and be it further enacted, That in every Case where the Number of such Proprietors, exclusive of the Printer and Publisher, does exceed two, the Names of two Proprietors, the Amount of each of whose proportional Shares in the Property of such Newspaper or other Paper shall not be less than the proportional Share of any other Proprietor, exclusive of the Printer and Publisher, shall be specified and set forth in such Affidavit or Affidavits, Affirmation or Affirmations.
- And be it further enacted, That an Affidavit or Affirmation, Affidavits or Affirmations, of the like Import, shall be made, signed, and given in like Manner, as often as any of the Printers, Publishers, or Proprietors named in such Affidavits or Affirmations shall be changed, or shall change their respective Places of Abode, or their Printing House, Place, or Office, and as often as the Title of the Paper shall be changed, and as often as the Commissioners for managing the Stamp Duties shall see reasonable Cause for requiring such Affidavit or Affirmation to be made, signed, and sworn, or affirmed, and shall give Notice that they do require the same, such Notice to be left at such Place as is mentioned in the Affidavit or Affirmation last delivered as the Place at which the Newspaper or other Paper to which such Notice shall relate is printed.
- And be it further enacted, That every such Affidavit or Affirmation shall be in Writing, and signed by the Person or Persons making the same, and shall be taken by any one or more of the said Commissioners, or by any Officer specially appointed by said Commissioners to receive such Affidavits or Affirmations as aforesaid, which Commissioners and other Officers are hereby authorized to take such Affidavits upon the Oath of the Person or Persons making the same, and such Affirmations in the Case of Persons commonly called Quakers.
- And be it further enacted, That where the Persons concerned as Printers and Publishers of any Newspaper, or other such Paper as aforesaid, together with such Number of Proprietors as are hereinbefore required to be named in such Affidavits or Affirmations as aforesaid, shall not altogether exceed the Number of four Persons, the Affidavit or Affirmation hereby required shall be sworn or affirmed and signed by all the said Persons who are adult; and when the Number of all such Persons shall exceed four, the same shall be signed and sworn or affirmed by four such Persons, if so many of them are adult, or by so many of them as are adult; but the same shall contain the real and true Names, Descriptions, and Places of Abode of all and every Person and Persons who is and are, or are intended to be, the Printer and Printers, Publisher and Publishers, and of so many of the Proprietors as are hereinbefore for that Purpose mentioned, of such Newspaper or other such Paper as aforesaid; and the Person and Persons so signing and swearing to the Truth of such Affidavit or Affirmation, in the last mentioned Case, shall and are hereby required to give such Notice, within seven Days after such Affidavit or Affirmation shall be so delivered as aforesaid, to each of the Persons not signing and swearing or affirming such Affidavit or Affirmation, but named therein as a Prprietor, Printer, or Publisher, f such Newspaper, or other Paper as aforesaid, that he or they are so named therein; and in case of Neglect to give such Notice, each and every Person who has so signed and sworn or affirmed such Affidavit or Affirmation shall forfeit and lose the Sum of fifty Pounds.
- And be it further enacted, That if any Person shall knowingly and wilfully print or publish, or cause to be printed or published, or shall knowingly and wilfully, either as a Proprietor thereof, or otherwise, sell, vend, or deliver out any Newspaper or other such Paper as aforesaid, such Affidavit or Affirmation, or Affidavits or Affirmations, containing such Matters and Things as are required by this Act to be therein contained, not having been duly signed, sworn, or affirmed, and delivered, and as often as by this Act is required, or any other Matter or Thing required by this Act to be done or performed according to this Act not having been done or performed, such Person shall forfeit and lose, for every such Act done, the Sum of one hundred Pounds.
- And be it further enacted, That if any Person or Persons making such Affidavit or Affirmation as in and by this Act is required to be made, shall knowingly and wilfully insert or set forth therein the Name or Names, Addition or Additions, Place or Places of Abode, of any Person as Proprietor, Printer, or Publisher of any Newspaper, or other such Paper as aforesaid, to which such Affidavit or Affirmation relates, who is not a Proprietor, Printer, or Publisher thereof, or shall knowingly and willingly omit to mention in such Affidavit or Affirmation the Name or Names, Addition or Additions, Place or Places of Abode, of any Person as Proprietor, Printer, or Publisher thereof, contrary to the true Meaning of this Act, or shall knowingly and wilfully in any other Manner or Respect set forth in such Affidavit or Affirmation any Matter or Thing by this Act required to be set forth otherwise than according to the Truth, or shall knowingly and wilfully omit to set forth therein, according to the Truth, any Matter or Thing required by this Act to be therein set forth, every Person so offending shall be liable to the Pains and Penalties to which Persons are liable for wilful and corrupt Perjury.
- And be it further enacted, That all such Affidavits or Affirmations as aforesaid shall be filed and kept in such Manner as the said Commissioners shall direct, and the same, or Copies thereof certified to be true Copies, as hereinafter is mentioned, shall respectively, in all Proceedings, civil and criminal, touching any Newspaper, or other such Paper as aforesaid, which shall be mentioned in any such Affidavits or Affirmations, or touching any Publication, Matter, or Thing contained in any such Newspaper or other Paper, be received and admitted as conclusive Evidence of the Truth of all such Matters set forth in such Affidavits or Affirmations as are hereby required to be therein set forth, against every Person who shall not have signed or sworn or affirmed the same, but who shall be therein mentioned to be a Proprietor, Printer, or Publisher of such Newspaper or other Paper, unless the contrary shall be satisfactorily proved: Provided always, That if any such Person or Persons respectively, against whom any such Affidavits or Affirmations, or any Copy thereof, shall be offered in Evidence, shall prove that he, she, or they hath or have signed, sworn, or affirmed, and delivered to said Commissioners, or such Officer as aforesaid, previous to the Day of the Date or Publication of the Newspaper, or other such Paper as aforesaid, to which the Proceedings, civil or criminal, shall relate, an Affidavit or Affirmation that he, she or they hath or have ceased to be the Printer or Printers, Proprietor or Proprietors, or Publisher or Publishers of such Newspaper, or other such Paper as aforesaid, such Person or Persons shall not be deemed, by reason of any former Affidavit or Affirmation so delivered as aforesaid, to have been the Printer or Printers, Proprietor or Proprietors, or Publisher or Publishers, of such Paper, after the Day on which such last-mentioned Affidavit or Affirmation shall have been delivered to said Commissioners, or their Officer as aforesaid.
- And be it further enacted, That in some Part of every Newspaper, or other such Paper as aforesaid, there shall be printed the true and real Name and Names, Addition and Additions, and Place and Places of Abode of the Printer and Printers, and Publisher and Publishers of the same, and also a true Description of the Place where the same is printed; and in case any Person or Persons shall knowingly and wilfully print or publish, or cause to be printed or published, any such Newspaper or other Paper as aforesaid, not containing the Particulars aforesaid, and every one of them, every such Person shall forfeit and lose the Sum of one hundred Pounds; and that Proof made in Manner herein mentioned, in any Proceeding to recover the same, that the Party proceeded against is a Printer or Publisher of a Newspaper or other such Paper so printed or published as aforesaid, shall be deemed and taken to be Proof that such Party is a Person wilfully and knowingly printing or publishing, or causing the same to be printed or published, unless he shall satisfactorily prove the contrary thereof.
- And be it further enacted, That it shall not be necessary, after any such Affidavit or Affirmation, or a certified Copy thereof, shall have been produced in Evidence as aforesaid against the Persons who signed and made such Affidavit, or are therein named, according to this Act, or any of them, and after a Newspaper, or other such Paper as aforesaid, shall be produced in Evidence, intituled in the same Manner as the Newspaper or other Paper mentioned in such Affidavit or Copy in intituled, and wherein the Name or Names of the Printer and Publisher, or Printers and Publishers, and the Place of printing, shall be the same as the Name or Names of the Printer and Publisher, or Printers and Publishers, and the Place of printing mentioned in such Affidavit or Affirmation, for the Plaintiff, Informant, or Prosecutor, or Person seeking to recover any of the Penalties given by this Act, to prove that the Newspaper, or Paper to which such Trial relates, was purchased at any House, Shop, or Office, belonging to or occupied by the Defendant or Defendants, or any of them, or by his or their Servants or Workmen, or where he or they, by themselves or their Servants or Workmen, usually carry on the Business or printing or publishing such Paper, or where the same is usually sold.
- And be it further enacted, That Service at the House or Place mentioned in such Affidavit or Affirmation as aforesaid, as the House or Place at which such Newspaper, or other such Paper as aforesaid, to which any Proceedings, civil or criminal, shall relate, is printed or published, or intended so to be, of any legal Notice, Summons, Subpoena, Rule, Order, or Process, of what Nature whatsoever, or to enforce an Appearance in any Suit, Prosecution, or Proceeding, civil or criminal, against any Printer, Publisher, or Proprietor of any such Newspaper or other Paper, shall be deemed and taken to be good and sufficient Service thereof respectively, against all Persons named in such Affidavit or Affirmation as the Proprietor or Proprietors, Publisher or Publishers, or Printer or Printers of the Newspaper or other Paper mentioned in such Affidavit or Affirmation: Provided always, That if any such Person or Persons respectively as aforesaid shall have signed, sworn, or affirmed, and delivered to the said Commissioners, or such Officer as aforesaid, previous to the Day of the Date or Publication of the Newspaper, or other such Paper as aforesaid, to which the Proceeding in Court shall relate, an Affidavit or Affirmation that he or they have ceased to be the Printer or Printers, Proprietor or Proprietors, Publisher or Publishers of such Newspaper, or other such Paper as aforesaid, and shall make proof thereof, such Person or Persons shall not be deemed, by reason of any former Affidavit or Affirmation so delivered as aforesaid, to have been the Proprietor or Proprietors, Printer or Printers, Publisher or Publishers of such Paper, after the Day on which such last-mentioned Affidavit or Affirmation shall have been delivered to the said Commissioners, or such other Officer as aforesaid.
- And be it further enacted, That the Commissioners or Officers by whom such Affidavits or Affirmations shall be kept, according to the Directions of this Act, shall, and they are hereby required, upon Application made to them by any Person or Persons requiring a Copy certified according to this Act, of any such Affidavit or Affirmation as aforesaid, in order that the same may be produced in any civil or criminal Proceedings, to deliver to the Person so applying for the same such certified Copy, he or they paying for the same the Sum of one Shilling and no more.
- ‘And whereas in many Cases it may be productive of public Inconvenience to require that the Commissioners or Officers by whom such Affidavits or Affirmations, as are hereinbefore mentioned, are made, should be required personally to attend, in order to prove, upon the Trial of any Action, Prosecution, Suit, Indictment, Information, or in any other Proceeding, that the Parties signing, swearing, or affirming, and delivering such Affidavit or Affidavits, Affirmation or Affirmations, did swear or affirm the same in the Presence of, or did deliver the same to such Commissioners and Officers, before and to whom the same shall have been sworn, affirmed, or delivered respectively;’ be it enacted, That in all Cases a Copy of any such Affidavit or Affirmation, certified to be a true Copy under the Hand or Hands of one or more of the Commissioners or Officers in whose Possession the same shall be, shall, upon Proof made that such Certificates have been signed with the Hand Writing of the Person or Persons making the same, and whom it shall not be necessary to prove to be a Commissioner or Commissioners, Officer or Officers, be received in Evidence as sufficient Proof of such Affidavit or Affirmation, and that the same was duly sworn or affirmed, and of the Contents thereof; and such Copies, so produced and certified, shall also be received as Evidence that the Affidavit or Affirmation, of which they purport to be Copies, have been sworn or affirmed according to this Act, and shall have the same Effect, for the Purposes of Evidence, to all intents whatsoever, as if the original Affidavits or Affirmations, of which Copies so produced and certified shall purport to be Copies, had been produced in Evidence, and been proved to have been duly so certified, sworn, and affirmed, by the Person or Persons appearing by such Copy to have sworn or affirmed the same as aforesaid.
- And be it further enacted, That if any Person, not being such Commissioner or Officer as aforesaid, shall give any such Certificate as aforesaid, or shall presume to certify any of the Matters or Things by this Act, directed to be certified by such Commissioners and Officers as aforesaid, or which such Commissioners and Officers as aforesaid are hereby empowered or entrusted to certify, he shall be forfeit and lose the Sum of one hundred Pounds.
- And be it also enacted, That if any Person shall knowingly and wilfully falsely certify under his Hand, that any such Affidavit or Affirmation, as is required to be made by this Act, was duly signed, and sworn or affirmed before him, the same not having been so sworn, or signed or affirmed, or shall knowingly and wilfully falsely certify that any Copy or Copies of any Affidavit or Affirmation, or Affidavits or Affirmations, is or are a true copy or Copies of any Affidavit or Affirmation, or Affidavits or Affirmations, of which the same are certified to be such Copy or Copies, or shall knowingly and wilfully falsely certify or express in any Certificate, that the Affidavit or Affirmation, or Affidavits or Affirmations, of which any Copy or Copies are certified to be a true Copy or Copies, was or were duly sworn or affirmed before the Person so certifying, by the Party or Parties whose Name or Names appear subscribed to the same, as the Name or Names of the Party or Parties swearing and signing, or affirming the same, every Person so offending shall forfeit and lose the Sum of one hundred Pounds.
- And be it further enacted, That, from and after the first Day of July one thousand seven hundred and ninety-eight, the Printer or Publisher of every Newspaper, or other such Paper as aforesaid, shall, upon every Day upon which the same shall be published, or within six Days after, deliver to the Commissioners of Stamps at their Head Office, or to some Officer to be appointed by them to receive the same, and whom they are hereby required to appoint for that Purpose, one of the Papers so published upon each such Day, signed by the Printer or Publisher thereof, in his Hand Writing, with his Name and Place of Abode, and the same shall be carefully kept by the said Commissioners, or such Officer as aforesaid, in such Manner as the said Commissioners shall direct; and such Printer or Publisher shall be entitled to demand and receive from the Commissioners, or such Officers, once in every six Days, the Amount of the ordinary Price of the Newspapers or other Papers so delivered; and in every Case in which the Printer and Publisher of such Newspaper or other Paper as aforesaid, shall neglect to deliver one such Newspaper, or other Paper, in the Manner hereinbefore directed, such Printer and Publisher shall, for every such Neglect respectively, forfeit and lose the Sum of one hundred Pounds; and in case any Person or Persons shall make Application to the Commissioners, r such Officers as aforesaid, in order that such Newspaper, or other Paper, so signed by the Printer or Publisher, may be produced in Evidence in any Proceeding, civil or criminal, the said Commissioners, or such Officers, shall, at the Expence of the Party applying, at any Time within two Years from the Publication thereof, either cause the fame is required to be produced, or shall deliver the same to the Party applying for it, taking, according to their Discretion, reasonable Security, at his Expence, for the returning of the same to the said Commissioners, or such Officer; and in case, by reason that the same shall have been previously required by any other Person to be produced in any Court, or hath been previously delivered to any other Person for the like Purpose, the same cannot be produced at the Time required, or be delivered according to such Application, in such Case the said Commissioners, or such Officer, shall cause the same to be produced, or shall deliver the same as soon as they are enabled so do.
- And be it further enacted, That if any Person shall knowingly and wilfully print or publish, or cause to be printed or published, any Newspaper, or other such Paper as aforesaid, the same not being printed upon Paper duly stamped according to Law, he shall forfeit and pay, over and above all other Penalties recoverable by Law, the Sum of twenty Pounds for every such Newspaper, or other Paper as aforesaid, so printed upon Paper not duly stamped; and Proof made in Manner hereinbefore mentioned, in any Proceeding to recover the same, that the Party proceeded against is a Printer or Publisher of such Newspaper, or other Paper as aforesaid, which shall be so printed or published upon Paper not duly stamped according to Law, shall be deemed and taken to be Proof that such Party is a Person wilfully and knowingly printing or publishing, or causing to be printed or published, contrary to the present Provision of this Act, unless he shall satisfactorily prove the contrary thereof.
- And be it further enacted, That if any Person shall knowingly and wilfully take or receive into, and keep in his Custody any Newspaper, or other such Paper as aforesaid, not duly stamped according to Law, such Person shall forfeit and lose, for every such Paper as aforesaid, not duly stamped, which he shall so take or receive into, and keep in his Custody, the Sum of twenty Pounds.
- And be it further enacted by the Authority aforesaid, That if any Person shall knowingly or wilfully, directly or indirectly, send or carry, or endeavour to send or carry, or cause or procure to be sent or carried, or do or cause to be done any Act whatever for or towards the sending or carrying, or for or towards the causing or procuring to be sent or carried, or with Intent that the same should be sent or carried out of Great Britain, any Newspaper, or other such Paper as aforesaid, the same not being printed on Paper duly stamped according to Law, such Person shall forfeit and pay, for every such Offense, the Sum of one hundred Pounds.
- And be it further enacted by the Authority aforesaid, That if any Person, during the Continuance of the present War, shall knowingly and wilfully, directly or indirectly, send or carry, or endeavour to send or carry, or cause or procure to be sent or carried, or do or cause to be done, or in any Manner concerned in doing or causing to be done any Act whatever, for or towards the sending or carrying, or for or towards the causing or procuring to be sent or carried, or with Intent that the same should be sent or carried, any Newspaper, or other such Paper as aforesaid, whether printed upon Paper stamped or not stamped, out of Great Britain into France, Spain, or any other Country not being in Amity with his Majesty at the Time of such Act done or permitted to be done, every such Person shall, for every such Offence, forfeit and lose the Sum of five hundred Pounds, and shall also be liable to all other Prosecutions, Pains, Penalties, Forfeitures, and Punishments, to which such Person would have been liable in case this Act had not been made.
- And be it further enacted by the Authority aforesaid, That upon Oath made before any one Justice of the Peace, that any Person hath in his Possession any Newspaper, or other such Paper as aforesaid, intended to be sent or carried out of this Kingdom, during the Continuance of the War, into any Country not in Amity with his Majesty, it shall be lawful for such Justice to summon the Person or Persons in whose Custody or possession the same is, and examine such Person or Persons, for the better Discovery of any other Person or Persons intending to send or carry, or to cause to be sent or carried, or who have done or caused to be done any Act for or towards the sending or carrying the same, or causing the same to be sent or carried out of Great Britain into any Country not in Amity with his Majesty; and in case any Person so summoned shall not submit to be examined, and answer all such lawful Questions as shall be asked of him, he shall forfeit and lose the sum of fifty Pounds, to be levied by such Justice in the Manner hereinafter directed touching Fines, Forfeitures, and Penalties, not exceeding the Sum of twenty Pounds, and shall be liable to be committed, in like Manner, in case the same cannot be so levied, for the Space of three Months, as is hereinafter directed [see number XXIX, below] in Cases in which such Fines, Forfeitures, and Penalties, not exceeding the Sum of twenty Pounds, cannot be levied for Want of sufficient Distress; and it shall be lawful for such Justice to seize and take as forfeited to his Majesty all such Papers.
- And be it further enacted, That in case any Proprietor of any Newspaper, or other such Paper as aforesaid, shall be resident out of Great Britain, the Name and Place of Abode of such Proprietor shall be specified in such Affidavit or Affirmation, as are hereinbefore required to be made and delivered as aforesaid.
- ‘And whereas Matters tending to excite Hatred and Contempt of the Person of his Majesty, and of the Constitution and Government established in these Kingdoms, are frequently published in Newspapers, and other such Papers, under Colour of having been copied from Foreign Newspapers, or other such Paper of a like Nature;’ be it enacted, That if any Person shall print or publish, or cause to be printed or published, in any Newspaper, or other such Paper as aforesaid, that shall be printed or published in that part of Great Britain called England , any Matter or Thing having such Tendency as aforesaid, as having been previously printed or published in some Foreign Paper or Print, which hath not been previously so printed or published, such Person shall, being lawfully convicted thereof, be committed to Prison for any Time not exceeding twelve nor less than six Months, and shall be liable to such other Punishment as may by Law be inflicted in Cases of high Misdemeanors; and in every Proceeding against any Person in respect of his having so printed or published as aforesaid any such Matter or Thing as aforesaid, it shall be incumbent upon the Person against whom the Proceeding shall be, to make Proof that the same had been previously printed and published in some Foreign Paper or Print; and in case he shall fail so to do, the same shall be deemed and taken not to have been so previously printed and published.
- Provided always, and be it further enacted, That if such Proof shall be made, the Publication respecting which such Proceeding shall be had shall nevertheless be deemed and taken to be of such Nature in the Law as the same would have been deemed and taken to be if this Act had not been made.
- And be it further enacted, That, from and after forty Days next after the passing of this Act, no Person, other than a Commissioner or Officer of his Majesty’s Stamp Duties, shall sell or supply to any Person or Persons, Paper stamped for the Purpose of being used for printing Newspapers, or other such Papers as aforesaid, until the Person so selling or supplying the same shall have given such Security to the said Commissioners, or some of their Officers to be by them appointed for that Purpose, as the said Commissioners shall think reasonable, duly to deliver or cause to be delivered to the said Commissioners, once in six Weeks, a true and accurate Account of the Quantities and kinds of such stamped Paper by them sold and supplied during such Weeks, and to whom by Name, and that such Persons, save only to or on Account of such Persons as shall ordinarily deal in the selling and supplying such Paper, or to or on Account of Printers, Publishers, or Proprietors of Newspapers or such other Papers; and that they will not sell or supply the same to or on Account of such Printers, Publishers, or Proprietors, until the Persons applying to them for the same shall have delivered to them a Certificate, signed by one or more of the said Commissioners, or some Officer to be appointed by them for that Purpose, purporting that such Security as is required by Law hath been given by the Printers and Proprietors respectively of the Newspapers or other Papers, for the printing of which such stamped Paper is to be sold or supplied, and that such Affidavits or Affirmations have been made and delivered respecting the same as are required by this Act; and that they will not sell or supply any such Paper, to or on Account of any Printers, Publishers, or Proprietors of Newspapers, or other such Papers as aforesaid, with respect to whom Notice shall be given to them by said Commissioners that such Security is not duly given, or is not remaining, in Force, or that the Parties who have given the same are dead, or are gone abroad, or are not to be found, or that such Parties have given Notice that they are no longer concerned as Printers, Publishers, or Proprietors f such Newspaper or other such Papers, or that no such Affidavits or Affirmations respecting the same, as are required by this Act, have been made and delivered; and in case any Person, other than such as aforesaid, shall, after forty Days as aforesaid, sell or supply any such Paper as aforesaid, not having previously given such Security as aforesaid, he shall forfeit and lose, for every such Offense, the Sum of one hundred Pounds, to be recovered as hereinafter is mentioned.
- And be it further enacted, That every Person and Persons printing and publishing, or causing to be printed or published, or being concerned, either as Proprietors or otherwise, in printing or publishing, or causing to be printed or published any Newspaper or other such Paper as aforesaid, upon Paper not stamped, or not stamped as by Law is required, shall be deemed and taken to owe to his Majesty such sums as would have accrued to his Majesty in case the same had been printed upon Paper duly stamped; and in case any Information or Bill shall be filed, or other Proceeding shall be had on his Majesty’s Behalf, for Discovery of the Matters aforesaid, and an Account and Payment of such Sums, it shall not be lawful for the Defendant, on any Account, to plead or demur to such Information, Bill, or Proceeding, but he and they shall be compellable to make such Discovery as is thereby required to be made: Provided nevertheless, That such Discovery shall not be made use if as Evidence or otherwise in any Proceeding against the Defendant or Defendants, save only in that Proceeding in which the Discovery is made.
- And be it further enacted, That if any Person or Persons shall file any Bill in any Court for the Discovery of the Names of any Persons concerned in the Property of, or as Printers, Editors, or Publishers of, or otherwise, in any Newspaper, or other such Paper as aforesaid, or of any Matters relative to the printing or publishing thereof, in order to enable him or them the more effectually to bring or carry on any Suit or Action for Damages by him or them alledged to have been sustained by reason of any slanderous or libellous Matter contained in any such Newspaper or other Paper as aforesaid, respecting such Person or Persons, it shall not be lawful for the Defendants to plead or demur to such Bill, but they shall be compellable to make Discovery thereby required: Provided nevertheless, That such Discovery shall not be made use of as Evidence or otherwise, in any Proceeding against Defendants, save only in that Proceeding in which the Discovery is made.
- And be it further enacted, That all Fines, Penalties, and Forfeitures by this Act imposed, which shall exceed the Sum of twenty Pounds, shall (except where this Act hath otherwise directed, See sect. XXII) be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesty’s Courts of Record at Westminster, or the Courts of Great Session in the Principality of Wales, or the Courts of the Counties Palatine of Chester, Lancaster, and Durham , or in the Court of Session or Court of Exchequer in Scotland, (as the Case shall require,) wherein no Essoign, Privilege, Protection, Wager of Law, or more than one Imparlance shall be allowed; and that all Fines, Penalties, and Forfeitures, by this Act imposed, which shall not exceed the Sum of twenty Pounds, shall, on Proof of Oath of the Offence before any Justice of the Peace of the County, Riding, Stewartry, City, or Place, where the Offence shall be committed, be levied by Distress and Sale of the Offenders Goods and Chattels, by Warrant under the Hand and Seal of such Justice, rendering the Overplus, if any, on demand, after deducting the Charges of such Distress and Sale, to the Person whose Goods and Chattels have been so distrained and sold; and for Want of sufficient Distress, such Justice is hereby required, in all Cases where no particular Tome of Commitment is hereinbefore directed, to commit such Offender to the Common Gaol of the County, Riding, Stewartry, City, or Place, where the Offence shal have been committed, for any Time not exceeding three Months; and the Money arising by all such Fines, Penalties, and Forfeitures, when recovered, shall be, as to one Moiety thereof, to and for the Use of our Sovereign Lord the King, his Heirs and Successors, and as to the other Moiety thereof, to and for the Use of such Person who shall inform or sue for the same, except in Cases in which the Application thereof is otherwise directed by this Act.
- And be it further enacted, That no Order or Conviction made in pursuance of this Act by any Justice of the Peace shall be removed by Certiorari, Advocation, or Suspension, out of the Country, Riding, Stewartry, or Place, wherein such Order or Conviction shall be made, into any Court whatever; and that no Writ Certiorari, Advocation, or Suspension, shall supersede Execution, or other Proceedings upon any such Order or Conviction, but that Execution and other Proceedings shall be had thereupon, any such Writ or Writs, or Allowance thereof, notwithstanding.
- Provided always, and be it enacted, That nothing in this Act contained shall be construed to extend to that part of Great Britain called Scotland, save and except so much thereof as relates to the printing or publishing of Newspaper or other such Papers as aforesaid, upon Paper no duly stamped, and so much thereof as relates to the taking and receiving into, and keeping in the Custody of any Person any such Newspapers or other such Papers not duly stamped, and to the sending and carrying Newspapers or other such Papers as aforesaid out of Great Britain, and to the summoning and examining Persons for the Discovery of such Persons as are concerned in so sending or carrying the same, and the seizing and taking the same as forfeited.
- Provided always, and be it enacted, That it shall be lawful to repeal or alter this Act during the present Session of Parliament.
Source: Napoleon Series via Internet Archive.
Further reading: Wikipedia.