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No. LV.

c. 79.

to print his Name and Place of Abode on every such Paper or Book printed by him, and also every person who shall publish or disperse, or assist in 39 Geo. III. publishing or dispersing, either gratis or for money, any printed Paper or Book, which shall have been printed after the expiration of forty days from the passing of this Act, and on which the Name and Place of Abode of the person printing the same shall not be printed as aforesaid, shall, for every copy of such Paper so published or dispersed by him, forfeit and pay the sum of Twenty Pounds (1).

XXVIII. And be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to any Papers printed by the authority and for the use of either House of Parliament.

XXIX. And be it further enacted, That every person who, from and after the expiration of forty days after the passing of this Act, shall print any Paper for hire, reward, gain, or profit, shall carefully preserve and keep one copy (at least) of every paper so printed by him or her, on which he or she shall write, or cause to be written or printed, in fair and legible characters, the Name and Place of Abode of the person or persons by whom he or she shall be employed to print the same; and every person printing any Paper for hire, reward, gain, or profit, who shall omit or neglect to write, or cause to be written or printed as aforesaid, the Name and Place of his or her Employer on one of such printed Papers, or to keep or preserve the same for the space of six calendar months next after the printing thereof, or to produce and shew the same to any Justice of the Peace, who, within the said space of six calendar months, shall require to see the same, shall, for every such omission, neglect, or refusal, forfeit and lose the sum of Twenty Pounds.

XXX. And be it further enacted, That it shall be lawful for any person to whom, or in whose presence, any printed Paper, not having the Name and Place of Abode of any person printed thereon, in manner hereinbefore directed, or having a fictitious or false Name or Place of Abode printed thereon, shall be sold, or offered for sale, or shall be delivered gratis, or offered so to be, or shall be pasted, fixed, or left in any publick place, or in any other manner exposed to publick view, to seize and detain the persons so selling or offering to sell, or delivering or offering to deliver, or pasting, fixing, or leaving in any publick place, or in any other manner exposing to publick view, any such printed Paper as aforesaid, and forthwith to take and convey him or her before some Justice of the Peace for the county, stewartry, riding, division, city, borough, town, or place, where such person shall be seized, or to deliver him or her to some Constable or other Peace Officer, to be taken and conveyed before such Justice as aforesaid, to the intent that such Justice may hear and determine whether such person hath been guilty of any offence against this Act.

XXXI. Provided always, That nothing herein contained shall extend to the Impression of any Engraving, or to the printing by Letter Press, of the Name, or the Name and Address, or Business or Profession, of any person, and the articles in which he deals, or to any Papers for the sale of estates or goods by auction, or otherwise.

be printed on every Paper Printers omitting so to do, and persons dispersing pa

or Book.

pers without such name and place of abode, shall forfeit

201.

Not to extend to Papers printed by authority of Printers shall keep a copy of every Paper they print, and write thereon the name and

Parliament.

abode of their employer. Penalty of 201. for neglect, or refusing to produce the copy within six months.

Persons selling, &c. any Paper without the name and abode of the Printer, may

be taken beto determine fore a Justice, whether they have offended against this Act.

Not to extend to impressions of en

gravings, or the printing names and

addresses,

XXXII. Provided also, That nothing herein contained shall extend, or be construed to extend, to alter or vary any Rule, Regulation, or Provision contained in any Act of Parliament now in force respecting the printing, publishing, or distributing any printed Newspaper, or other printed Paper. XXXIII. And be it further enacted, That if any Justice of the Peace, &c.; acting for any county, stewartry, riding, division, city, borough, town, nor to alter or place, shall, from information upon oath, have reason to suspect that any any provisions Printing Press or Types for Printing is or are used, or kept for use, without respecting Notice given and Certificate obtained as required by this Act, or in any place not included in such Notice and Certificate, it shall be lawful for such Justice, by Warrant under his hand and seal, to direct, authorize, and empower any Constable, Petty Constable, Borsholder, Headborough, or other

(1) See the Indemnity Acts, 39 and 40 Geo. III. c. 95; 41 Geo. III. c. 80, post. A provision was contained in stat. 42 Geo. III, c.

Newspapers. A Justice may empower a peace officer

23, for indemnifying persons who had printed law papers without complying with the direc tions of this Act.

No. LV.

39 Geo. III.

c. 79.

to search for Presses and Types he suspects to be illegally used, and to seize them and the printed papers found.

Prosecutions

ced within

three months

after penalty is incurred. Recovery of Penalties.

Peace Officer, in the day time, with such person or persons as shall be called to his assistance, to enter into any such House, Room, and Place, and search for any Printing Press or Types for printing; and it shall be lawful for every such Peace Officer, with such assistance as aforesaid, to enter into such House, Room, or Place, in the daytime accordingly, and to seize, take, and carry away, every Printing Press found therein, together with all the Types and other articles thereto belonging, and used in printing, and all printed Papers found in such House, Room, or Place.

XXXIV. Provided always, That no person shall be prosecuted or sued for any penalty imposed by this Act, unless such prosecution shall be commenced, or such action shall be brought, within three calendar months next after such penalty shall have been incurred.

XXXV. And be it further enacted, That any pecuniary penalty imposed by this Act, exceeding the sum of Twenty Pounds, may be sued for and reto be commen- covered, by any person who will sue for the same, by Action of Debt, in any of his Majesty's Courts of Record at Westminster, if such penalty shall have been incurred in England or Wales, or the Town of Berwick upon Tweed, and in his Majesty's Court of Exchequer in Scotland, if such penalty shall have been incurred in Scotland; in which action it shall be sufficient to declare or allege that the defendant is indebted to the plaintiff in the sum of Twenty Pounds, (being the sum demanded by such action,) being forfeited by an Act, made and passed in the thirty-ninth year of the reign of his Majesty King George the Third, intituled, An Act [Here set forth the Title of the Act], and the Plaintiff, if he shall recover in any such action, shall have his full costs; and any pecuniary penalty imposed by this Act, and not exceeding the sum of Twenty Pounds, (1) and for the recovery whereof no provision is hereinbefore contained, shall and may be recovered before any Justice or Justices of the Peace for the county, stewartry, riding, division, city, town, or place, in which the same shall be incurred, or the person having incurred the same shall happen to be, in a summary way and in case such last-mentioned penalty shall not be forthwith paid, such Justice or Justices shall, by Warrant under his or their hand and seal, or hands and seals, and directed to any Constable or other Peace Officer, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale; and in case no sufficient distress can be had or made, such Justice or Justices shall commit the offender to the common Gaol or House of Correction for such county, stewartry, riding, division, city, borough, town, or place, there to remain, without bail or mainprize, for any time not exceeding six calendar months, nor less than three calendar months.

Application of
Penalties.

Limitation of
Actions.

XXXVI. And be it further enacted, That all pecuniary Penalties and Forfeitures imposed by this Act shall, when recovered, either by action in any Court, or in a summary way before any Justice, be applied and disposed of in manner hereinafter mentioned; that is to say, one moiety thereof to the Plaintiff in any such action, or the informer before any Justice, and the other moiety thereof to his Majesty, his heirs and successors.

XXXVII. And be it further enacted, That every Action and Suit which shall be brought or commenced against any Justice or Justices of the Peace, Constable, Peace Officer, or other person or persons, for any thing done or acted in pursuance of this Act, shall be commenced within three calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants General Issue. in every such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the Jury shall find a verdict for the Defendant or

(1) An Action for a penalty not exceeding 201. or for two or more such penalties, although exceeding 201. in the whole, cannot be brought by a common informer in the Courts at West

minster, notwithstanding the provision infra, that it shall be sufficient to declare that the Defendant is indebted in 201.; Fleming v. Bailey, 5 E. 513.

No. LV.

39 Geo. III.

c. 79.

Defendants; and in such case, or if the Jury shall find a verdict for the Defendant or Defendants upon the merits, or if the Plaintiff or Plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if, upon demurrer, judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have double costs; which he or they shall and may recover in such and the same manner as any Defend- Double Costs. ant can by law in other cases.

XXXVIII. And be it further enacted, That Convictions by any Justice or Convictions, Justices of the Peace, for offences against this Act, and adjudications of forfeitures of licences to be made in pursuance of this Act, and Notices and Certificates delivered and granted in pursuance of this Act, shall or may be in the several forms set forth for such purposes respectively in the Schedule to this Act annexed.

XXXIX. And be it further enacted, That this Act shall and may be repealed in the whole, or in any part thereof, or in any manner altered or amended, during the present Session of Parliament.

Μ

The SCHEDULE to which the annexed Act refers.

I. FORM of Conviction of an unlawful Combination and Confederacy.

to wit. BE it remembered, That on this

year of the reign of

victed before me, [or us,]

for

day of

in the

A. B. of is duly conof his Majesty's Justices of the Peace in pursuance of an Act of the thirty-ninth year of the reign of King George the Third, [set forth the Title of the Act,] for that the said A. B. after the passing of the said Act, to wit, on the

at

day of did, contrary to the said Act, become a member of [or, as the case may be, act as a member of, or maintain correspondence or intercourse with, or by contribution of money or otherwise, abet or support] a Society, [describing the Society,] which Society is an unlawful combination and confederacy within the intent and meaning of the said Act: Wherefore I [or we], the said do adjudge, that he the said A. B. do pay [or, be imprisoned] as a penalty for his offence, in pursuance of the said Act.

Given under my hand and seal, [or our hands and seals,] this of

in the year of our Lord

the reign of his Majesty King

and in the

day

year of

II. FORM of Adjudication of Forfeiture of Licence to sell Ale, &c.

M

to wit.

}BE it remembered, That on this

day of

in the

year of the reign of his present Majesty, A. B. of being a person licensed to sell, [as the case may be,] is duly convicted before us, two of his Majesty's Justices of the Peace for the County of in pursuance of an Act of the thirty-ninth year of the reign of [set forth the Title of the Act,] for that he, the said A. B. on

at

did permit a meeting of a Society [describing the Society], which is an unlawful combination and confederacy within the intent and meaning of the said Act, to be held at being the house [as the case may be], of the said A. B. wherein he the said A. B. is licensed to sell [as the case may be]: Wherefore, we the said do adjudge and declare that the Licence [or, Licences, as the case may be,] is [or, are] for such offence forfeited.

Given under our hands and seals, this

of our Lord King

and in the

day of

in the year year of the reign of his Majesty

III. FORM of Conviction of having or using a Printing Press, or Types for
Printing, without Notice, or using the same in a Place not specified in such
Notice, or not keeping Accounts as required by the Act, or any other Of-
fence against the Act.

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&c. to be in the forms in the annexed Schedule. (No. I., II., III.) Act may be repealed or al

tered this Session.

No. LV.

convicted before me [or, us], 39 Geo. III. Peace for c. 79.

of his Majesty's Justices of the

at

in pursuance of an Act of the thirty-ninth year of the reign of King George the Third, [set forth the Title of the Act], for that the said A. B. on the day of did, contrary to the said Act, keep [or, use, as the case may be], a Printing Press [or, Types for Printing; or, carrying on the business of a Letter Fonnder, or, Maker or Seller of Types, or Printing Presses], not having given such Notice, and obtained such Certificate, as by the said Act is required, [or, in being a Place not specified in any Notice given by the said A. B. in. pursuance of the said Act, whereupon he had obtained such Certificate, as by the said Act is required; or, not keeping an account of a person to whom the said A. B. sold Printing Types, or, a Printing Press, as the case may be; or, not printing his Name, &c. as the case may require; or, not keeping a Copy of a Paper printed by him for hire, reward, gain, or profit, to wit, a Paper [describing it] which the said A. B. printed, &c. or, not producing a Copy of a Paper printed, &c. or, specifying any other offence against the Act, and the Time and Place when and where the same was committed]: Wherefore I [or, we], the said do adjudge that he the said A. B. do pay the sum of as a Penalty for his Offence, in

pursuance of the said Act.

Given under our Hands and Seals, this
year of our Lord

of his Majesty King

day of

and in the

in the year of the reign

IV. FORM of Notice to the Clerk of the Peace, that any Person keeps any

Printing Press or Types for Printing.

To the Clerk of the Peace for
[here insert the County,
Stewarty, Riding, Division, City, Borough, Town, or Place,] or his Deputy.
I A. B. of
do hereby declare that I have a Printing Press and
Types for Printing, which I propose to use for Printing, within
[as the Case may require], and which I require to be entered for that pur-
pose, in pursuance of an Act passed in the thirty-ninth year of the reign
of his Majesty King George the Third [set forth the Title of the Act.]

Witness my Hand, this

Signed in the presence

of

day of

V. FORM of Certificate that Notice has been given of a Printing Press, or

I

Types for Printing.

Clerk [or Deputy Clerk] of the Peace for do hereby certify, That A. B. of hath delivered to me a Notice in writing, appearing to be signed by him, and attested by C. D. as a Witness to his signing the same, that he the said A. B. hath a Printing Press. and Types for Printing, which he proposes to use for Printing, within and which he has required to be entered, pursuant to an Act passed in the thirty-ninth year of his Majesty's reign

[set forth the Title of the Act.]

Witness my hand, this

day of

VI. FORM of Notice to the Clerk of the Peace, that any Person carries on the Business of a Letter Founder, or Maker or Seller of Types for Printing, or of Printing Presses.

I A. B. of

To the Clerk of the Peace for [as the Case may be] or his Deputy. do hereby declare, That I intend to carry on the Business of a Letter Founder or Maker or Seller of Types for Printing, or of Printing Presses [as the Case may be], at and I hereby require

this Notice to be entered in pursuance of an Act, passed in the thirtyninth year of the reign of his Majesty King George the Third [set forth the Title of the Act.]

Signed in the Presence

of

}

VII. FORM of Certificate that the above Notice has been given.

No. LV.

G. H. Clerk [or Deputy Clerk] of the Peace for [as the case may be], 39 Geo. III.
do hereby certify, That A. B. of
hath delivered to me a

Notice in writing, appearing to be signed by him, and attested by E. F.
as a Witness to his signing the same, that he intends to carry on the busi-
ness of a Letter Founder, or Maker or Seller of Types for Printing, or of
Printing Presses, at
and which Notice he has required to be
entered in pursuance of an Act of the thirty-ninth year of his Majesty King
George the Third, [set forth the Title of the Act.]

Witness my hand, this

day of

[No. LVI.] 39 George III. c. 93.-An Act to repeal so much of an Act passed in the seventh Year of the Reign of Queen Anne, and also so much of an Act passed in the seventeenth Year of the Reign of his late Majesty King George the Second, as puts an End to the Forfeiture of Inheritances upon Attainder of Treason, after the Death of the Pretender and his Sons.-[12th July 1799.]

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c. 79.

WHEREAS an Act was passed in the seventh year of the reign of her No. LVI. late Majesty Queen Anne, intituled, An Act for improving the Union

of the two Kingdoms, whereby amongst other things, it was provided and 39 Geo. III, enacted, that after the decease of the person who pretended to be Prince

of Wales during the life of the late King James, and since pretends to be

c. 93.

King of Great Britain, and at the end of the term of three years after the 7 Anne, c. 21. immediate succession to the Crown, upon the demise of her said late § 10. Majesty, should take effect, no attainder for Treason should extend to 'the disheriting of any heirs, nor to the prejudice of the right or title ' of any person or persons, other than the right or title of the offender or offenders, during his, her, or their natural lives only; and that it should and might be lawful to every person or persons to whom the right or interest of any lands, tenements or hereditaments, after the death of any 'such offender, should or might have appertained, if no such attainder ' had been, to enter the same: And whereas by another Act passed in the

6 seventeenth year of the reign of his late Majesty King George the Second, 17 Geo. 2. c. intituled, An Act to make it High Treason to hold Correspondence with the 39. recited.

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6

Sons of the Pretender to his Majesty's Crown; and for attainting them of

High Treason, in case they shall land or attempt to land in Great Britain,

or any of the Dominions thereunto belonging; and for suspending the Operation and Effect of a Clause in the Act of the seventh Year of the late 'Queen Anne, for improving the Union of the two Kingdoms, relating to Forfeitures for High Treason, until after the Decease of the Sons of the said "Pretender; after reciting so much of the aforesaid Act as is hereinbefore recited, it was further enacted, That the said Provision so made by the 'aforesaid Act should not take place, nor have any operation, force or ' effect whatsoever, until after the deceases not only of the said Pretender, 'but also of his eldest and all and every other Son and Sons: And whereas ' it is expedient that the said Provisions in the two several Acts contained ' and hereinbefore recited should be repealed:' 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 the said Provisions in the said two several Acts contained and hereinbefore recited, shall be, and the same are hereby repealed.

[No. LVII.] 39 and 40 George III. c. 93.-An Act for
regulating Trials for High Treason and Misprision of High
Treason in certain Cases.-[28th July 1800.]
WHEREAS it is expedient that in cases of High Treason in compass-
ing or imagining the death of the King, and of Misprision of such
VOL. V.

K

Provisions of the two Acts herein recited, repealed.

No. LVII.

39 & 40 Geo.3.

c. 93.

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