any more convenient office which the commissioners may sanction, within three days after publication. The parties are entitled to receive the ordinary published price of the paper for the copies delivered. Each copy must have on it a written statement by the printer or publisher, or by some person authorized by him for the purpose, of whose appointment notice in writing, signed by the printer or publisher in the presence of an officer of the stamp-office (by whom it is certified), has been given to the commissioners or the officer to whom the copies are to be delivered. The written statement must be in the ordinary hand of the printer or his substitute and signed by his proper signature, and must set forth the name and place of abode of the printer. The penalty for nonfulfilment is £20. The stamp-office is to hold the copies in readiness to be used as evidence by parties desiring to found upon them at any time within two years after publication. The copies are to be evidence against the respective parties, of their liability for the contents of the papers, and for all papers issued with the same title, unless a party can prove that he was not connected with or privy to the publication.2

The Stamp Duties on newspapers are regulated by the same statute, which requires that each newspaper shall be printed with a separate die, made at the expense of the proprietors of the paper and announcing its title. A paper with a different character of stamp from that indicated by the act, is held as unstamped.3 There are provisions for licensing and taking bond from sellers of stamps.4

Persons selling newspapers not duly stamped, are in the position of debtors to the crown and bound to account; and they are at the same time liable to a penalty of £20 for each paper sold.5

Any person connected with an attempt to get an unstamped paper conveyed post free as if it were stamped, is liable to a penalty of £50.6

An arrangement is made in the act, by which, in cases where it may be doubtful whether a periodical is a newspaper requiring to be stamped, the responsibility of adopting a conclusion is to a certain extent laid on the stamp-office authorities. In the first place, the printer lodges at the stamp-office his name and a description of his premises and his place of abode. He then gives in a signed list of all periodicals printed by him, renewing it quarterly. In these

16 & 7 Wm. IV. c. 76, § 13.- Ibid.- Ibid. § 3.- Ibid. § 15.5 Ibid. §§ 16, 17.—6 Ibid. § 18.—7 Ibid. § 24.

circumstances, the party does not become liable to penalties or forfeitures unless he receive a notice from the stamp-office that a paper printed by him is liable to stamp duty.1

Advertisements.-Before a newspaper can be published, security must be found for payment of the advertisement duties, by the publisher, and one or more proprietors, as the proper officer may arrange, with two sureties.2 The advertisement duty on newspapers is payable for monthly periods, within twenty-eight days after the expiry of each calendar month. After the expiry of the period, if the duty be not settled within ten days after notice sent, the proper officer is to sell no more stamps for the paper until arrears are settled.3 Of every periodical or other work in which advertisements are printed, a copy must be sent to the stamp-office,-if published within twenty miles round Edinburgh, within six days; if in other places, within ten days after publication. The advertisement duty is payable at the same time, and the advertisements are registered.*

Seizures. In case of suspicion of a newspaper being published or sold unstamped, or otherwise contrary to the act, one justice, on the oath of the applicant, to the effect that there is reasonable and probable cause to believe this to have taken place within one month, and on the application of an officer of stamps, may grant warrant to search suspected premises in the daytime. Not only the papers and the types and machinery used in their production, but any other machinery in the same premises belonging to the same person may be seized, and are liable to be forfeited in the Court of Exchequer.5 The holders of warrants may break open doors, where access is refused, during the day; persons resisting or impeding execution become liable to a penalty of £20.6

Penalties are to be sued for by the law officers of the crown or of the stamp-office. The proceedings are in the Court of Exchequer, unless the penalty be under £20, when it may be sued for by information or complaint before one or more justices. The commissioners may mitigate or compound for penalties before or after conviction. Justices may also mitigate penalties, not reducing them to less than a fourth of the statutory sum, and providing for the payment of costs. Penalties go to the crown, but the commissioners may at their discretion reward informers out of the sums recovered.8 A justice may summon the party and witnesses to appear before himself or any other justice. Conviction may proceed

4

16 & 7 Wm. IV. c. 76, § 25.-2 Ibid. § 11.-3 Ibid. § 20.- Ibid. § 21.* Ibid. § 22.— Ibid. § 23.—7 Ibid. § 27.— Ibid. §§ 27, 28.

on confession, or the evidence on oath of one credible witness, and may take place in the absence of the defender. Penalties and costs may be realized by distress and sale, five days being allowed for the redemption of seized goods. If the distress prove insufficient, the party may be committed for a period not more than three months or less than one.1

An appeal lies to the quarter sessions next occurring after ten days from the date of conviction, notice being given to the prosecutor seven free days before the session, and security being found within three days after conviction with two sufficient sureties, to follow out the appeal and obey the final decision. The sessions may re-open the case and hear witnesses. On confirmation of the decision, costs may be awarded. Proceedings are not to be quashed for unessential informalities, and other modes of appeal are prohibited.2

SECT. 3.-Banking.

13

As the business of a banker, especially when he issues notes, is supposed in some measure to affect the currency of the country, it has been subjected to certain restrictions. By the "Act to regulate the Issue of Bank Notes in Scotland," a period was selected in reference to which a measure was taken of the average circulation of each bank of issue, which limits the extent to which any such bank can continue its issues, unless the additional issues be represented by bullion in the bank's coffers. It is at the same time enacted that no addition is to be made to the number of banks entitled to issue notes.5 Banks of issue are required by the act to make a weekly return of their paper circulation and their bullion, to the commissioners of stamps and taxes, at the end of each period of four weeks, a statement of the average circulation being annexed to the return. In taking an account of the bullion which is admitted by the act to be a measure of the bank's privilege of circulation, no silver coin, beyond a fourth part of the gold coin in the possession of the bank is counted. From all banks except the Bank of Scotland, the Royal Bank, and the British Linen Company, there must be an annual return made to the commissioners of stamps and taxes, of the name, residence, and occupation, of the banker, or if there be a company, of each partner, with, in the latter case, the designation of the firm, and the name of every place where they carry on business.8

16 & 7 Wm. IV. c. 76, § 28.- Ibid.-3 8 & 9 Vict. c. 38.— Ibid. §§ 1, 6, 10.5 Ibid.- Ibid. § 7.-7 Ibid. § 11.- Ibid. § 13.

There are certain regulations in this act against the making and negotiation of bills and notes for small sums, except under such restrictions as may prevent them from being used as cash; these regulations belong properly to the laws affecting negotiable instruments. The minor penalties for enforcing observance of this department of the act are recoverable before justices of the peace, in the same manner as the penalties in the stamp acts. It would appear that prosecutions cannot be raised unless at the instance of the crown.2

There are certain regulations applicable to joint-stock banks, defining the privileges and responsibilities of the individual members, and providing for internal arrangements, the consideration of which belongs properly to the law of Partnership.3

SECT. 4.-Regulation of Theatres.

The licensing of public theatres, and the judicial control over the conduct of persons connected with them, are both regulated by 6 & 7 Vict. c. 68. The justices of peace for the city or county are appointed, on requisition accompanied by certain prescribed notices, to hold a special sessions for licensing a theatre. By § 9, the justices are to make rules for the preservation of order in the theatres within their jurisdiction, subject to revisal and amendment by the home secretary. Where a breach of these rules or a riot occurs in a theatre, the justices may direct it to be closed for a discretionary period. By § 11, acting in an unlicensed theatre renders the performer liable to a penalty of £10 per day.

The same statute regulates the revisal and license of pieces intended for theatrical representation by the Lord Chamberlain. Before any new piece can be acted for hire, a copy of it must have been seven days in that officer's hands; and the seven days are counted from the payment of his fee, according to a scale which he is authorized to issue, under a prohibition against a fee exceeding two guineas for any one piece. This rule refers to every new stage-play," every new act, scene, or other part added to any old stageplay," every new prologue or epilogue," and " every new part added to an old prologue or epilogue." The copy must be accompanied by a statement of the theatre where and the

66

99 66

66

See the Law of Private Rights, &c. Part XI. Chap. I. Sect. 3.28 & 9 Vict. c. 38, § 21.-3 See the Law of Private Rights, &c. Part VI. Chap. III. Sect. 3.

time when the piece is intended to be first acted, signed by the manager. A person acting a play before the expiry of the seven days, or one which has been disallowed, becomes liable to a penalty not exceeding £50 (§ 12-15).

SECT. 5.-Manufacture of Gold and Silver Plate.

2

The standard of gold and silver plate in Scotland, and the method of assaying it, are fixed by a statute of 1836.1 Gold and silver smiths are required by the act to send their names and designations, with the initial marks which they intend to stamp on their work, to the wardens of the goldsmiths' corporation of Edinburgh, or of Glasgow. Each practiser of the trade is thus registered with one of the corporations, and when he constructs any article requiring the assay mark, he sends it first stamped with his own initial mark, to be stamped at the assay office of the corporation with which he has registered himself. When articles palpably do not deserve the assay mark, but have not been sent with a fraudulent intention, they are returned without being stamped. Where it is suspected that there is any concealed base metal or fraudulent mixture in an article, the assay master may in the presence of two wardens of the company cut it up. If a fraud is detected, the article is defaced and forfeited; if no fraud be found it must be repaired at the expense of the assay office. Disputes as to the judgment of an assay master and wardens may be decided by any two justices or magistrates of the city in which the assay office is. The officers of the assay office are liable to a penalty of £100, if they reveal any patterns, designs, or inventions of articles sent to be assayed. Certain small articles are exempt from the assay; but it is provided that persons selling articles which should be but are not stamped, are liable to a penalty not exceeding £100, and to the forfeiture of the article. Penalties are recoverable before the sheriff or two justices, who may proceed summarily. The penalty and expenses are levied on conviction by poinding and sale, and if a sufficient sum be not realized by the poinding, the party may be imprisoned for a term not exceeding six months. There is an appeal from the decisions of justices, on finding caution for the penalty and costs, to the next quarter sessions, which may sit after

16 & 7 Wm. IV. c. 69.- Ibid. § 2.-3 Ibid. § 3. lbid. §§ 5, 6.5 Ibid. § 12.- Ibid. § 18.