9 G. 4, c. 18.

Newspapers shall not be printed or

made at the

stamp office.

a competent witness accordingly, and shall be indemnified against all penalties previously incurred by such informer under this act.

6 & 7 Will. 4, c. 76 (a), s. 6.—That no person shall print or publish, or shall cause to be printed or published, any newspublished, un- paper, before there shall be delivered to the commissioners of til declaration stamps and taxes, or to the proper authorized officer at the head office for stamps, in Westminster, Edinburgh, or Dublin respectively, or to the distributor of stamps or other proper officer appointed by the said commissioners for the purpose, in or for the district within which such newspaper shall be intended to be printed and published, a declaration in writing, containing the several matters and things hereinafter for that purpose specified; that is to say, every such declaration shall set forth the correct title of the newspaper to which the same shall relate, and the true description of the house or building wherein such newspaper is intended to be printed, and also of the house or building wherein such newspaper is intended to be published, by or for or on behalf of the proprietor thereof, and shall also set forth the true name, addition, and place of abode of every person who is intended to be the printer, or to conduct the actual printing of such newspaper, and of every person who is intended to be the publisher thereof, and of every person who shall be a proprietor of such newspaper who shall be resident out of the United Kingdom, and also of every person resident in the United Kingdom who shall be a proprietor of the same, if the number of such last mentioned persons (exclusive of the printer and publisher) shall not exceed two, and in case such number shall exceed two, then of such two persons, being such proprietors resident within the United Kingdom, the amount of whose respective proportional shares in the property, or in the profit or loss of such newspaper, shall not be less than the proportional share of any other proprietor thereof resident in the United Kingdom, exclusive of the printer and publisher, and also where the number of such proprietors resident in the United Kingdom shall exceed two, the amount of the proportional shares or interests of such several proprietors, whose names shall be specified in such declaration, and every such declaration shall be made and signed by every person named therein, as printer or publisher of the newspaper to which such declaration shall relate, and by such of the said persons named therein as proprietors, as shall be resident within the United Kingdom; and a

(a) Entitled, "An act to reduce the duties on newspapers, and to amend the laws relating to the duties on newspapers and advertisements."

6 & 7 W. 4, c.

76.

made in cer.

declaration of the like import shall be made, signed, and delivered in like manner, whenever and so often as any share, interest, or property soever, in any newspaper named in any such Fresh decladeclaration, shall be assigned, transferred, divided, or changed ration to be by act of the parties or by operation of law, so that the respec- tain cases. tive proportional shares or interests of the persons named in any such declaration as proprietors of such newspaper, or either of them, shall respectively become less than the proportional share or interest of any other proprietor thereof, exclusive of the printer and publisher; and also whenever and so often as any printer, publisher, or proprietor, named in any such declaration, or the person conducting the actual printing of the newspaper named in any such declaration, shall be changed, or shall change his place of abode; and also whenever and so often as the title of any such newspaper, or the printing office, or the place of publication thereof shall be changed; and also whenever in any case, or on any occasion, or for any purpose, the said commissioners, or any officer of stamp duties authorized in that behalf, shall require such declaration to be made, signed, and delivered; and shall cause notice in writing for that purpose to be served upon any person, or to be left or posted at any place mentioned in the last preceding declaration delivered as aforesaid, as being a printer, publisher, or proprietor of such newspapers, or as being the place of printing or publishing any such newspaper respectively; and every such declaration shall be made before any one or more of the said commissioners, or before any officer of stamp duties, or other person appointed by the said commissioners either generally or specially in that behalf; and such commissioners, or any one of them, and such officer, or other person are and is hereby severally and respectively authorized to take and receive such declaration as aforesaid: and if any or defective Making false person shall knowingly and wilfully sign and make any such dec aration; declaration, in which shall be inserted or set forth the name, addition, or place of abode of any person, as a proprietor, publisher, printer, or conductor of the actual printing of any newspaper to which such declaration shall relate, who shall not be a proprietor, printer, or publisher thereof; or from which shall be omitted the name, addition, or place of abode of any proprietor, publisher, printer, or conductor of the actual printing of such newspaper, contrary to the true meaning of this act; or in which any matter or thing by this act required to be set forth, shall be set forth otherwise than according to the truth; or from which any matter or thing required by this act to be truly set forth, shall be entirely omitted; every such offender, being convicted thereof, shall be deemed guilty of a misdemeanor.

misdemeanor.

8. That all such declarations as aforesaid shall be filed and Declaration kept in such manner as the commissioners of stamps and to be filed.

and certified

76.

copies to be admitted in

evidence against the

persons mak.

ing same.

6 & 7 W. 4, c. taxes shall direct for the safe custody thereof; and copies thereof, certified to be true 'copies, as by this act is directed, shall respectively be admitted in all proceedings, civil and criminal, and upon every occasion whatsoever, touching any newspaper mentioned in any such declaration, or touching any publication, matter, or thing contained in any such newspaper, as conclusive evidence of the truth of all such matters set forth in such declaration as are hereby required to be therein set forth, and of their continuance respectively in the same condition down to the time in question, against every person who shall have signed such declaration, unless it shall be proved that, previous to such time, such person became lunatic; or that, previous to the publication in question on such trial, such person did duly sign and make a declaration that such person had ceased to be a printer, publisher, or proprietor of such newspaper, and did duly deliver the same to the said commissioners, or to such officer as aforesaid; or unless it shall be proved that, previous to such occasion as aforesaid, a new declaration of the same, or a similar nature respectively, or such as may be required by law, was duly signed and made, and delivered as aforesaid respecting the same newspaper, in which the person sought to be affected on such trial did not join; and the said deliver certi- commissioners, or the proper authorized officer, by whom any fied copies of such declaration shall be kept, according to the directions of and the same this act, shall, upon application in writing made to them or him to be received respectively, by any person requiring a copy certified according

Commissioners &c., to

declarations,

in evidence.

to this act, of any such declaration as aforesaid, in order that the same may be produced in any civil or criminal proceeding, deliver such certified copy, or cause the same to be delivered to the person applying for the same, upon payment of the sum of one shilling and no more; and in all proceedings, and upon all occasions whatsoever, a copy of any such declaration, certified to be a true copy under the hand of one of the said commissioners or of any officer in whose possession the same shall be, upon proof made that such certificate hath been signed with the hand-writing of a person described in or by such certificate as such commissioner or officer, and whom it shall not be necessary to prove to be commissioner or officer, shall be received in evidence, against any and every person named in such declaration as a person making or signing the same, as a sufficient proof of such declaration, and that the same was duly signed and made, according to this act, and of the contents thereof; and every such copy so produced and certified, shall have the same effect, for the purposes of evidence, against any and every such person named therein as aforesaid, to all intents whatsoever, as if the original

& 7 W. 4, c.

76.

and a news

need not be

proved.

declaration, of which the copy so produced and certified shall 6 purport to be a copy, had been produced in evidence, and been proved to have been duly signed and made by the person appearing by such copy to have signed and made the same as aforesaid; and whenever a certified copy of any such declaration shall After prohave been produced in evidence as aforesaid, against any person duction of the having signed and made such declaration, and a newspaper shall declaration, afterwards be produced in evidence, intituled in the same manner paper entitled as the newspaper mentioned in such declaration is intituled, and as therein wherein the name of the printer and publisher and the place of the purchase mentioned; printing shall be the same as the name of the printer and pub- of the paper lisher and the place of printing mentioned in such declaration, or shall purport to be the same, whether such title, name, and place printed upon such newspaper shall be set forth in the same form of words as is contained in the said declaration, or in any form of words varying therefrom; it shall not be necessary for the plaintiff, informant, or prosecutor, in any action, prosecution, or other proceeding, to prove that the newspaper to which such action, prosecution, or other proceeding may relate, was purchased of the defendant, or at any house, shop, or office belonging to or occupied by the defendant, or by his servants or workmen, or where he may usually carry on the business of printing or publishing such newspaper, or where the same may be usually Penalty on sold: and if any person, not being one of the said commissioners, granting false or the proper authorised officer, shall give any certificate purporting to be such certificate as aforesaid, or shall presume to certify any of the matters or things by this act directed to be certified by such commissioner or officer, or which such commissioner or officer is hereby empowered or entrusted to certify; or if any such commissioner or officer shall knowingly and wilfully falsely certify under his hand, that any such declaration as is required to be made by this act was duly signed and made before him, the same not having been so signed and made; or shall knowingly and wilfully falsely certify that any copy of any declaration is a true copy of the declaration of which the same is certified to be such copy, the same not being such true copy; every person so offending shall forfeit the sum of one hundred pounds.

9. [Service of legal process against the printer, publisher, or proprietor of any newspaper at the declared place of printing, shall be deemed good service.]

30. [A justice may summon any one to appear before himself or any other justice, to give evidence as to any offence against this act; and if he refuse to appear, according to the exigency of the summons, without having a reasonable excuse, or to give evidence, he shall forfeit ten pounds.]

certificates.

Embezzle.

ment by offi

cers of the post office.

Forging su

to evade

postage.

SECTION 5.

Offences relating to the Post Office.

23 & 24 Geo. 3, c. 17 (a), s. 18.—That in case the postmaster-general, or any person concerned in the execution of this act, shall neglect or refuse to perform any matter or thing whatsoever, according to the true intent and meaning of this act; or if they, or any of them, or any other officer employed by virtue of this act, shall embezzle, divert, or misapply any of the monies by them or any of them collected or received by virtue of this act, contrary to the tenor and true meaning thereof; then and in every such case, they and every of them so offending shall forfeit their several offices, and be incapable to serve his majesty, his heirs, or successors, in any office or place of trust or profit, and shall be liable, for every such offence, to pay treble the sum so embezzled, diverted, or misapplied.

28. That if any person or persons whatsoever within this perscription kingdom, shall forge or counterfeit the seal or hand-writing, or make use of the name of any person whatsoever, in the superscription of any letter or packet to be sent by the post, in order to avoid the payment of the duty of postage; or shall forge, counterfeit, or alter, or shall procure to be forged, counterfeited, or altered, the date upon the superscription of any such letter or packet; or shall write, or cause to be written, and sent by the post, any letter or packet, the superscription or cover whereof shall be forged or counterfeited, or the date upon such superscription altered, in order to avoid the payment of the duty of postage, knowing the same to be forged, counterfeited, or altered; every person so offending shall, for the first offence, forfeit the sum of fifty pounds, and for the second offence, the sum of one hundred pounds, and for the third offence, shall be deemed guily of felony, and shall be transported for seven years. 30. And whereas abuses may be committed by wilfully opening or embezzling of letters or packets, to the great discouragement of correspondence, trade, and commerce; for prevention whereof, be it enacted, that from and after the passing of this act, no person or persons within this kingdom shall wittingly, willingly, or knowingly open, embezzle, or destroy, or cause, procure, or permit or suffer to be opened, embezzled, or destroyed, any letter or packet, after the same shall be delivered into the general or other post-office, or into the hands of any person or persons employed for the receiving or carrying post letters, and before delivery to the persons to whom directed, or for their use, except by an express warrant in writing, under the hand and seal of the lord lieutenant, or other chief governor or governors of this kingdom for the time being; or except in such cases where the party or parties to whom such letter or

Opening or embezzling letters, after delivery to post office; felony, death.

་་

· (a) Entitled, “ An act for establishing a post office within this kingdom.”