After 1st January 1829, no newspa

per to be published until delivery of an affidavit.

What shall be deemed a newspaper.

What shall be

paper.

Be it therefore Enacted, by his Excellency Colonel George Arthur, Lieutenant Governor of the Island of Van Diemen's Land and its Dependencies, with the advice of the Legislative Council, That from and after the First day of January One thousand eight hundred and twenty-nine, no person shall print or publish, or cause to be printed or published, within this Island, any newspaper, until he or she shall have delivered or caused to be delivered to the Colonial Secretary, at his office, such affidavit or affirmation as is hereinafter in that behalf required, made and signed as hereinafter in that behalf mentioned, and containing the several matters and things hereinafter for that purpose specified.

II. And be it further Enacted, That every paper commonly called or serving the purpose of a newspaper, and every paper and pamphlet either in the whole or in part containing public news or intelligence or occurrences, or any remarks or observations thereon, or upon any act, measure or order of Government, or upon any matter of Government, and which shall be published periodically or in parts or numbers, at intervals not exceeding Ninety days between the publication of any Two such papers or pamphlets or parts or numbers, (where any of the said papers or pamphlets or parts or numbers shall not exceed Three sheets of paper,) shall be deemed and taken to be a newspaper, within the true intent and meaning of this Act.

III. And be it further Enacted, That no quantity of paper less than a quantity deemed a sheet of equal to Thirty-one inches in length and Twenty-two inches in breadth, (in whatever way or form the same may be made or may be divided into leaves, or in whatever way the same may be printed or published,) shall be deemed or taken to be a sheet of paper, within the meaning of this Act; and that no cover or blank leaf shall, for the purposes of this Act, be deemed or taken to be a part of any such newspaper, paper, or pamphlet, or part, or number, as aforesaid.

Explication of terms used in this Act.

What each affidavit shall contain.

How the affidavit shall be made.

IV. And in order to avoid the use of numerous terms in this Act, and to prevent misconstruction of the terms used herein: Be it Enacted, That the terms "Governor" or "Lieutenant Governor" shall be construed to mean the Governor, Lieutenant Governor or other person lawfully administering the government of this Island for the time being: That the term "Colonial Secretary," and all other terms used herein, descriptive of any public officer, shall be construed to mean the - Colonial Secretary, or public officer mentioned, or the person acting as Colonial Secretary, or as such other public officer, for the time being: That the term "publisher" shall be construed to mean the first or original publisher of any newspaper: That the term "this Island" shall be construed to mean the Island of Van Diemen's Land and the Dependencies thereof: That the term "printing-office" shall be construed to mean the house or place where the newspaper referred to in the sentence shall be printed, or where the last affidavit (to be delivered as hereinafter is mentioned) shall specify that the same is intended to be printed: And that the terms "affidavit" and "affirmation" respectively shall be alike construed One affidavit or affirmation, (if only One be necessary,) and Two or more affidavits or affirmations, (if more than One be in the particular sentence required or intended.)

V. And be it further Enacted, That in every such affidavit or affirmation as aforesaid shall be set forth, in words at length, the real and true names, additions, descriptions and places of abode, respectively, of all and every the persons and person who are and is intended to be the printers or printer, and publishers or publisher of the newspaper proposed or intended to be printed and published, and of all the proprietors of the same; and a true description of the printing-office, or house, or place, wherein any such newspaper is intended to be printed and published, and likewise the title of such newspaper.

VI. And be it further Enacted, That every such affidavit or affirmation shall be in writing, and signed by the person or persons making or affirming the same, and shall be taken by or made before the Colonial Secretary, who is hereby authorized to take such affidavits, upon the oath or oaths of the person or persons making the same, and such affirmations, (in the case of persons commonly called Quakers ;) and such affidavit or affirmation shall be required from and be sworn or affirmed by all and every the printers or printer, and publishers and publisher, and proprietors or proprietor, of the newspaper to which the same shall relate, who shall be adult, and resident within this Island.

VII. And

certain cases.

VII. And be it further Enacted, That an affidavit or affirmation, of or to the like A similar affidavit purport and effect, shall be in like manner made, signed and delivered, as often as to be made anew in either of the printers, or publishers, or proprietors, named in any such affidavit or affirmation, shall be changed, or shall change his or her place of abode, or printingoffice, and as often as the title of the newspaper shall be changed, and as often as the Governor or Lieutenant Governor shall see cause for requiring such new or subsequent affidavit or affirmation, and shall give notice in writing, signed by the Colonial Secretary, that he doth require the same; such notice to be left at such printing-office as in the affidavit or affirmation last delivered is mentioned as the printing-office or place at which the newspaper to which such notice shall relate is printed.

be delivered.

VIII. And be it further Enacted, That if any person shall print or publish, or Penalty for selling, knowingly and wilfully sell, retail, or circulate any newspaper, such affidavit or &c. until affidavit affirmation, containing such matters as by this Act are in that behalf required, not having been duly signed, made and delivered, when and as often as by this Act is required, he or she shall forfeit and pay for every such offence a penalty or sum of One hundred pounds.

IX. And be it further Enacted, That if any person, making such affidavit or Making a false affiaffirmation as by this Act is required, shall knowingly and wilfully insert or set forth davit, perjury. therein the name or names, addition or additions, or place or places of abode, of any person as proprietor, printer, or publisher of any newspaper to which such affidavit or affirmation relates, who is not a proprietor, printer or publisher thereof, or shall knowingly and wilfully omit to mention in such affidavit or affirmation the name or names, addition or additions, and place or places of abode, of any of the proprietors, printers or publishers 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 or 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.

same.

X. And be it further Enacted, That every such affidavit or affirmation as is herein- Affidavits to be evibefore required shall be filed and kept in the office of the Colonial Secretary; and dence against parthe same, or copies thereof, certified as hereinafter mentioned, shall respectively, ties making the in all proceedings, civil and criminal, touching the newspaper to which the same shall relate, or touching any matter or thing contained in such newspaper, be received and admitted (with respect to all the matters set forth in such affidavits or affirmations, and by this Act required to be therein set forth) as conclusive evidence of the truth of those matters, against every person who shall have signed and sworn or affirmed the same.

XI. Provided always, and be it and it is hereby further Enacted, That if any such Proviso. person against whom any such affidavit or affirmation, or any copy thereof, shall be offered in evidence, shall prove, that he or she hath signed and sworn or affirmed, and delivered to the Colonial Secretary, previously to the day of the date of the newspaper to which such proceedings as last aforesaid shall relate, an affidavit or affirmation that he or she hath ceased to be the printer, or publisher or proprietor (as the case may be) of such newspaper as last aforesaid, such person shall not be deemed, by reason of any former affidavit or affirmation, to have been the printer, or publisher or proprietor of such newspaper, at any time after the day on which such lastmentioned affidavit or affirmation shall have been so delivered to the Colonial Secretary, as last aforesaid.

newspaper.

XII. And be it further Enacted, That in some part of every newspaper there Name, &c. of printshall be legibly printed the true name and names, addition and additions, and place ers and publishers and places of abode of the printer and printers and publisher and publishers of the to be printed in a same, and also a true description of the printing-office or place where the same newspaper is printed: And if any person or persons shall print or publish any newspaper, not containing all the particulars in this clause mentioned, he or she shall for every such offence forfeit and pay a penalty or sum of One hundred pounds; and 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, so printed or published as aforesaid, shall be deemed and taken to be proof that such party is

Production of the affidavit, and of a paper intituled as therein mentioned,

shall render proof of purchase unnecessary.

Service at the printing-office of any notice, &c. shall be good service.

Proviso.

Colonial Secretary, on application, to deliver a copy of affidavit.

Such copy to be evidence.

A signed copy of every newspaper to be delivered to the Colonial Secretary.

a person wilfully and knowingly printing or publishing, or causing the same to be printed or published, unless he or she shall satisfactorily prove the contrary

thereof.

XIII. And be it further Enacted, That it shall not be necessary, after any such affidavit or affirmation, or certified copy, shall have been produced in evidence as aforesaid against any person who signed and made the same, (and after any newspaper shall be produced in evidence, intituled in the same manner as the newspaper mentioned in such affidavit or affirmation or copy is intituled, and wherein the name or names of the printer or publisher, or printers or publishers, and the printingoffice, shall be the same as the name or names of the printer or publisher, or printers or publishers, and the printing-office, mentioned in such affidavit or affirmation,) for the plaintiff, in any action, or prosecutor upon any indictment or information, or for any person seeking to recover any penalty given by this Act, to prove that the newspaper to which the case relates was purchased, or received at, or had from, any house, shop or place belonging to or occupied by the defendant, or by his or her servants or workmen, or was in any manner purchased or received or had from any such defendant, or his or her servant or agents, or workmen, or any of them.

XIV. 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, to which any proceeding, civil or criminal, shall relate, is printed and published, or intended so to be, of any legal notice, summons, subpoena, rule, order or process, to, for or against any printer or publisher or proprietor of such newspaper, shall be deemed to be good service respectively against every person named in such affidavit or affirmation as aforesaid, as the printer or publisher or proprietor of the newspaper mentioned in such affidavit or affirmation.

XV. Provided always, and be it further Enacted, That if any person shall have signed and sworn or affirmed and delivered to the Colonial Secretary, previously to the day of the date of the newspaper to which the case shall relate, any affidavit or affirmation that he or she hath ceased to be the printer, publisher or proprietor (as the case may be) of such newspaper, and shall make proof thereof, then such person shall not be deemed, by reason of any former affidavit or affirmation, to have been the printer, publisher or proprietor of such newspaper, at any time after the day on which such last-mentioned affidavit or affirmation shall have been delivered to the Colonial Secretary as last aforesaid.

XVI. And be it further Enacted, That the Colonial Secretary, upon application made to him by any person 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 or upon any civil or criminal proceeding, shall deliver to the person so applying for the same such certified copy, he or she paying for the same the sum of One shilling, and no more.

XVII. And whereas in many cases it may be impossible, or highly inconvenient, for the Colonia! Secretary to attend personally, in order to prove upon any trial or other proceeding the facts of the signing, swearing or affirming and delivering of any affidavit or affirmation, in the manner by this Act in that behalf prescribed; Be it therefore Enacted, That in all cases a copy of any such affidavit or affirmation, certified to be a true copy, under the hand of the Colonial Secretary, in whose possession the same shall then be, shall (upon proof that such certificate was signed by such Colonial Secretary) be received in evidence as, and shall be sufficient proof of, the contents of such affidavit or affirmation, and that the same was duly signed and sworn or affirmed and delivered according to this Act; and such certified copy shall have the same effect for the purposes of evidence, to all intents and purposes whatsoever, as if the original affidavit or affirmation, of which it purports to be a copy, had been produced in evidence, and been in the ordinary manner proved to have been so signed and sworn or affirmed and delivered, by the person or persons appearing by such copy to have sworn or affirmed the same.

XVIII. And be it further Enacted, That from and after the said First day of January the printer or publisher of every newspaper shall, upon every day upon which the same shall be published, or within Ten days afterwards, deliver to the Colonial Secretary, at his office, or to some person appointed by him there to receive the same, One copy of the newspaper so published, signed by the

O

printer

printer or publisher thereof, with his name and place of abode; which newspaper shall be carefully kept by the said secretary, or such other person so appointed; for which said copies such printer or publisher shall be entitled to demand and receive from the Colonial Secretary, or such other person so appointed, once in every Three months, the amount of the ordinary price of the newspaper delivered during that period; and if the printer and publisher of any such newspaper shall neglect or omit to deliver one copy of such newspaper, in the manner hereinbefore directed, such printer and publisher shall, for every such offence, forfeit and pay the penalty or sum of One hundred pounds.

XIX. And be it further Enacted, That if any person shall make application to Such signed copy, the Colonial Secretary, or other person so to be appointed as aforesaid, in order that when required as a copy of any such newspaper, so signed as aforesaid, may be produced in evidence evidence, to be furnished to any appliin or upon any proceeding, civil or criminal, the said secretary, or other person, cant. shall, (at the expense of the person so applying,) at any time within Two years from the publication thereof, either cause the same newspaper to be produced, at the time and place for which the same is so required, or shall deliver the same to the person so applying; he, the said Colonial Secretary, or other person so appointed, taking, in his discretion, reasonable security (at the expense of the applicant) for the returning of the same newspaper to him within a reasonable time; and if, by reason of the same having been previously required by any other person for the like purpose, the said newspaper cannot then be so produced or delivered, then the Colonial Secretary, or the said other person so appointed, shall cause the same to be produced, or shall deliver the same so soon afterwards as he may be enabled so to do.

XX. And be it further Enacted, That if any person or persons shall file any bill Concerning bills of in any court of equity for the discovery of the names of the persons concerned in discovery. the property of any such newspaper as aforesaid, as the printers, editors, or publishers thereof, or for the discovery of any matters relative to the printing or publishing thereof, in order to enable him, her or them the more effectually to bring or carry on any suit or action for damages by him or her alleged to have been sustained, by reason of any libellous matter contained in such newspaper, it shall not be lawful for any such defendant to plead or demur to such bill, but he or she shall be compellable to make the discovery thereby required: Provided, nevertheless, That such discovery shall not be made use of as evidence or otherwise in any other proceeding than that for which the discovery is made.

recognizance.

XXI. And be it further Enacted, That from and after the First day of March, After 1st March One thousand eight hundred and twenty-nine, no person shall print or publish any 1829, printers to newspaper until he or she shall have entered into a recognizance, before the Chief enter into a certain Justice of the Supreme Court of Van Diemen's Land, together with Two or Three sufficient sureties, to the satisfaction of the said Chief Justice, the person intending to print or publish such newspaper in the sum of Four hundred pounds, and his or her sureties in a like sum in the whole; conditioned, that such printer or publisher shall pay to His Majesty, His heirs and successors, every such fine or penalty as may at any time be imposed upon or adjudged against him or her, by reason of any conviction for printing or publishing any blasphemous or seditious libel, at any time after the entering into such recognizance; and every person who shall print or publish any newspaper, without having entered into such recognizance, with such sureties, shall for every such offence forfeit and pay the penalty or sum of Twenty pounds.

tice.

XXII. Provided always, and be it further Enacted, That if any such surety or Sureties may withsureties shall be at any time desirous of withdrawing from such recognizance, it draw on giving noshall be lawful for him or them so to do, upon giving Twenty days' previous notice in writing to the Colonial Secretary at his office, and also the like notice to the printer or publisher for whom he or they is or are surety or sureties; and that in such case, from and after the expiration of the said Twenty days, every such surety shall 'cease to be liable upon the said recognizance for any fine or penalty to be imposed or incurred in respect of any offence which may, after the said expiration of the said Twenty days, be committed by such printer or publisher, and for which fine or penalty the said surety or sureties would otherwise have been liable: Provided, That the giving of such notices shall not be deemed or taken, even after such expiration of the said term of Twenty days, to exempt any such surety from his liability under the said recognizance for the payment of any fines and penalties which may have been incurred or may be imposed in respect of any offence or offences com

A new recognizance to be there

upon entered into.

Provision in case of

mitted by such printer or publisher before such expiration of such term, and for the payment of which such surety would have been liable in case such notice had not been given; anything herein contained to the contrary notwithstanding.

XXIII. And be it further Enacted, That after such notices so given as last aforesaid, and after the expiration of Twenty days from the day of the date of such notices, the person for whom any such surety shall have been bound shall not print or publish any such newspaper as aforesaid, until he or she shall have entered into a new recognizance, with sufficient sureties, in manner and to the amount aforesaid; and if he or she shall, at any time after the said expiration of the said Twenty days, print or publish any such newspaper without having entered into such new recognizance as aforesaid, he or she shall forfeit and pay for every such offence the penalty or sum of Twenty pounds.

XXIV. And be it further Enacted, That in case any surety in any such recoginsolvent sureties. nizance shall at any time afterwards be declared insolvent under any law containing any provision for declaring insolvencies, or shall be discharged under any law made or to be made for the relief of insolvent debtors, then the person for whom such surety shall have been bound shall not print or publish any such newspaper until he or she (the said printer or publisher) shall have entered into a new recognizance, with sufficient sureties, in the manner and to the amount aforesaid: Provided, That he or she shall be required so to do by a notice in writing, signed by the Colonial Secretary, and left at such place as is mentioned in the affidavit or affirmation last made, as the place at which the said newspaper to which such notice shall relate is printed: And in case he or she shall print or publish any such newspaper without having entered into such new recognizance, with sureties as aforesaid, (having been first required in manner aforesaid so to do,) he or she shall forfeit and pay for every such offence the penalty or sum of Twenty pounds.

A certificate of recognizance to be

XXV. And be it further Enacted, That a certificate of every first or original and every new recognizance which shall be entered into by virtue of this Act, shall sent to Colonial Se- be sent by the proper officer for recording the same to the Colonial Secretary, as soon after such recognizance shall be recorded as conveniently may be.

cretary.

Recovery of penalties.

XXVI. And be it further Enacted, That all fines and penalties imposed by this Act, exceeding the sum of Twenty pounds, shall be recovered by action of debt in the Supreme Court of Van Diemen's Land; wherein no essoign, protection, wager of law, or more than one imparlance, shall be allowed; such penalty to be, when recovered, (as to one moiety thereof,) to and for the use of His Majesty, His heirs and successors, and (as to the other moiety) to and for the use of such person as shall first inform or sue for the same; and that all fines and penalties imposed by this Act, not exceeding Twenty pounds, shall, on proof of the offence before any Two Justices of the Peace, (such offence to be by them heard and determined in a summary way,) be awarded and imposed by such Justices, and when imposed, shall go and be distributed, and all persons aggrieved by any summary judgment or conviction of such Justices shall be entitled to appeal therefrom, in the manner provided respectively in and by the Act, intituled, "An Act to regulate summary Proceedings "before Justices of the Peace."

Passed the Council, this 24th

day of December 1828.

John Montagu, Clerk of the Council.

GEO. ARTHUR.

Preamble:

Acts or Ordinances passed by the Governor of New South

Wales and Lieutenant Governor of

Anno Decimo GEORGII IV. REGIS. No. 1.

AN ACT to remove Doubts as to the Validity of Acts or Ordinances in force on the Twenty-eighth day of February One thousand eight hundred and twenty-nine.

WHEREAS it is expedient to declare, That the Acts or Ordinances which were in force in the Colony on the Twenty-eighth day of February One thousand eight hundred and twenty-nine are still in force: Be it therefore Enacted and Declared, by his Excellency Colonel George Arthur, Lieutenant Governor of the Island of Van Diemen's Land and its Dependencies, by and with the advice of the Legislative

Council,