Page images

made. s. 34. All such penalties to go to the informer. Ibid.

By 36 Geo. III. c. 85, every miller or person keeping a mill for grinding corn, shall have true scales and weights in his mill; and any person appointed by 35 Geo. III. c. 102, (see "Weights and Measures,") to examine weights and balances, may examine the same, and proceed as by that act is directed; and every such miller in default thereof shall forfeit not exceeding 20s. and if the scales are false or weights deficient, or any person shall obstruct the examination, they shall be liable to the same penalties as persons committing the same offences under 35 Geo. III. c. 102, s. 1. and a miller refusing to weigh corn or the produce thereof if required, shall forfeit not exceeding 40s. s. 2.

A miller shall deliver the whole produce of corn when ground, under a penalty of 1s. for each bushel deficient, and treble the value of the deficiency. s. 3. and shall not take toll of corn, but money in lieu, unless with the consent of the owners, under a penalty of not exceeding £5. but not to extend to mills receiving toll by ancient usage.

Every miller shall put in a conspicuous place in his mill, a table.of prices in money or amount of toll, under a penalty of 20s. s. 6.

All penalties may be recovered where the offence is committed, on confession, or upon oath of one witness, before one justice, who may levy the same

by distress; one half of the penalty to the informer, and the other to the poor. s. 8. and for want of distress, commitment to the house of correction for not exceeding one month.

Information to be laid within ten days; appeal allowed to the sessions on giving security for the penalty and costs; and no conviction to be removed by certiorari. Ibid.

Conviction, under 36 Geo. III. c. 85.

to wit. Be it remembered, That on the day of in the year 1817, C. D. was upon the complaint of E. F. convicted before J. C. Esq. one of His Majesty's justices of the peace for the county of, in pursuance of an act passed in the 36th year of the reign of His Majesty King George the Third, for [state the offence].

Given under my hand and seal &c.

(MITTIMUS. See "Commitment.")


Printing or exposing to sale any pamphlet or newspaper, (a pamphlet exceeding one sheet excepted), before the paper is stamped, incurs a penalty of £10. and full costs. 34 Geo. III. c. 72, and 44 Geo. III. c. 98, s. 105.

A printed copy of every pamphlet containing more than one sheet shall, within the bills of mortality, in six days after printing be brought to the head office; and the title, number of sheets and


duty shall be entered in a book, and the duty paid: without the bills, it shall be brought within fourteen days to some head collector of stamp duties in like manner. s. 111. and if any such pamphlet shall be so printed or published, the duty not paid and title registered, and one copy stamped when required within the time so limited, the author, printer and publisher, and all persons concerned in printing and publishing the same, shall lose all property therein (but see 55 Geo. III. post.) and shall also forfeit £20. and full costs. s. 112.


No person to sell or expose to sale any such pamphlet without the name and place of abode of some known person by or for whom it was printed or published, written or printed thereon, on pain of £20. s. 113.

Persons letting out newspapers to hire to forfeit £5. 29 Geo. III. c. 50, s. 9.

Two justices may hear and determine offences relative to newspapers and pamphlets, on complaint made within three months; may mitigate the penalty not lower than a fourth, besides costs, and may-levy the penalty by distress and sale, if not redeemed in six days; and if goods cannot be found, the offender may be committed till paid, 10 Anne, c. 19, s. 120.

Any person convicted of selling newspapers or any book, pamphlet or paper deemed to be a newspaper, unstamped, may be committed by a justice, on conviction by confession or oath of one witness,

to the house of correction for not exceeding three months. 16 Geo. II. c. 26, s. 5. and any person printing or having newspapers unstamped, shall forfeit £20. over and above all other penalties. 38 Geo. III. c. 78, s. 18, 19.

Any person printing any seditious matter under pretence of its being extracted from foreign papers, shall, on conviction, be imprisoned for not exceeding twelve nor less than six months. s. 24.

All penalties by this act not exceeding £20. may be recovered before one justice and may be levied by distress, or in default the offender may be committed to gaol for not exceeding three months; half the penalty to the King and half to the informer, and no conviction or order removable by certiorari. S. 29, 30.

By 55 Geo. III. c. 185, the former stamp duties on advertisements, almanacks, newspapers, &c. are repealed, and new duties granted in lieu thereof; the powers, penalties, &c. of former acts to be in force with regard to the duties imposed by the present act, except where altered. s. 4. So much of the act 10 Anne, c. 19, which enacts that the author, &c. of any pamphlet shall lose his copyright unless the duty shall be paid, is repealed.

S. 5.

If any apprentice, journeyman or servant of any printer shall without his knowledge print at his press any almanack or calendar not duly stamped, any person may seize the offender and carry him


before a justice, who may on conviction, by confession or oath of one witness, commit such apprentice, &c. to the house of correction for any time not exceeding three calendar months. s. 8.

Newspapers to be stamped to denote the discount allowed, and the price of such newspapers to be printed thereon; and any person printing a newspaper without the price printed thereon, or selling the same at a greater price, shall forfeit £20. for each paper so printed or sold contrary to the meaning of this act. s. 10.

[ocr errors]


An oath taken on the Common Prayer, containing the epistles and gospels is good. 2 Keb. 314.

The stat. 15 Geo. III. c. 39, gives authority to justices to administer oaths where penalties are to be levied or distresses made in pursuance of acts of parliament; and by 49 Geo. III. c. 65, they have power to administer oaths in questions relating to the revenues of customs.

A Jew should be sworn on the Old Testament. 2 Keb. 314. and they are allowed to put on their hats when sworn. 2 Str. 821. a Mahometan on the Koran. 2 Str. 1104. and a Gentoo according to the custom of his religion. 1 Atk. 21. It is immaterial what the particular opinions are of persons professing Christianity, as far as regards the taking of an oath; it is only necessary that they

« EelmineJätka »