made part of the consolidated fund of the U. K. of Great Britain and Ireland." § 26. Provides and enacts, "that nothing in this act shall extend to acts of parliament, proclamations, orders of council, forms of prayer and thanksgiving, and acts of state, ordered to be printed by his majesty, his heirs or successors, or his or their sufficient and authorised officer; or to any printed votes or other matters by order of either house of parliament; or to books commonly used in the schools of Great Britain or Ireland, or books or papers containing only matters of devotion, piety, or charity; or daily accounts; or bills of goods imported and exported; or warrants or certificates for the delivery of goods; and the weekly bills of mortality; or to papers containing any lists of prices current, or of the state of the markets, or any account of the arrival, sailing, or other circumstances relating to merchant ships or vessels; or of any other matter wholly of a commercial nature; provided such bills, lists, or accounts do not contain any other matter than what hath been usually comprised therein; or to the printers or publishers of the foregoing matters, or any or either of them." 27. Provides and enacts, "that nothing in this act contained shall extend or be construed to extend to charge with stamp duties any work reprinted and republished in parts or numbers, whether such work shall be wholly reprinted or shall be republished in an abridged form; provided that the work so reprinted and republished shall have been first printed and published two years at the least previous to such reprinting and republication, and provided the said work was not first published in parts or numbers." And by 29 G. 3. c. 50. § 7. & 8. Instead of making allowances on the cancelling of newspapers remaining unsold, as now used, there shall be an abatement made to every person who shall pay at one time for newspaper stamps 10l. or upwards, after the rate of 4l. in the 100%. 9. No hawker of newspapers, or other person, shall let out any newspaper for hire to any person, or to different persons or from house to house, on pain of forfeiting 51. to be recovered and applied as other penalties relating to the stamp duties. By 10 An. c. 19. § 120. Two justices may hear and determine offences against this act, in relation to pamphlets or newspapers, on complaint made within three months; and on conviction either on view or information, may issue warrants for levying the penalties on the goods of the offender, and cause sale to be made, if not redeemed in six days: and in default of goods, may commit to prison till payment of the same: the party may appeal to the next sessions, who shall finally determine the same; and in case of conviction, issue warrants as aforesaid. The said justices may mitigate the penalty, so as they do not reduce it lower than onefourth part, over and above the costs. By the 16 G. 2. c. 26. 5. If any person shall sell, hawk, carry about, utter or expose to sale any newspaper, or any book, pamphlet or paper, deemed to be a newspaper within the stamp acts, unstamped, any justice of the peace may commit him (being convicted before him by confession or oath of one witness) to the house of correction for any time not exceeding three months; and any person may apprehend and carry him before such justice; and on producing a certificate of such conviction, under the hand of such justice, shall have a reward of 20s. to be paid by the receiver-general of the stamp duties. And by 38 G. 3. c.78. § 18. for preventing the mischiefs arising 58 G. 3. c. 78. from printing and publishing newspapers, and papers of a like See title nature by persons unknown, and for making regulations in other Printers. respects, the same, so far as they relate to the office of a justice of the peace, are as follow: 19. If any person shall knowingly and wilfully print and pub- Printing or havlish, or cause the same to be done, or take or receive into, or keep ing newspapers in his custody, any newspaper or other such paper, not on paper unstamped. duly stamped; he shall forfeit for every such paper 201. over and above all other penalties. And by 44 G. 3. c. 98. § 22. No newspaper shall be printed on a paper exceeding thirty-two inches in length and twenty-two inches in breadth. By the 38 G. 3. c. 78. § 22. it is enacted, that upon oath made 88 G. 3. a. 78. that any person hath in his possession any newspaper or other § 22. paper (in this act aforesaid) intended to be sent or carried out of this kingdom, during the continuance of the war, into any country not in amity with his majesty, he may summon such person and examine him for the better discovery of any other person intending to send or carry, or to cause, &c., or who have done or caused to be done any act towards the same; and if such person shall not submit to be examined he shall forfeit 50l., to be levied under the provisions of this act, in cases of fine not exceeding 201.: and if the same cannot be levied, such person shall be committed for three months, as is hereinafter provided in cases where fines do not exceed 201.: forfeiture of papers to his majesty. § 24. If any person shall print or publish, or cause to be printed or published in any newspaper or other paper of a like nature, any matter or thing tending to excite hatred and contempt of his majesty, or of the constitution and government, as having been previously printed or published in some foreign paper or print, which hath not been so; such person shall, being convicted thereof, be committed to prison for, not exceeding, twelve nor less than six months; and be liable to such other punishment as may by law be inflicted in cases of high misdemeanors; and it shall be incumbent on the person against whom the proceedings shall be to prove that the same had been previously printed and published in some foreign paper or print, and if he shall fail so to do, the same shall be deemed and taken not to have been so previously printed and published. pe Printing or publishing sedi tious matter under colour of its having been printed in a foreign paper. § 29. 30. And all fines, penalties and forfeitures by this act im- Recovery and posed, exceeding 201. (except herein otherwise directed,) shall application of be recovered in the courts at Westminster. But where such penalties. nalties shall not exceed 201. they may be recovered before one justice on proof on oath of the offence, and may be levied by distress and sale of the offender's goods, together with the charges of such distress and sale; and for want of sufficient distress, such justice may commit such offender to gaol for any time not exceeding three months, unless otherwise directed; to be applied, half to the king, and half to the person who shall inform and sue. 55 G.3. c. 185. $ 6. Forgery of stamps, &c. felony without clergy. Duty on adver- And no order or conviction shall be removeable by certiorari into any court whatsoever. By 55 G. 3. c. 185. § 6. If any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any plate, stamp, or die, or any part of any plate, stamp, or die, which shall have been provided, made, or used, in pursuance of this or any former act, for expressing and denoting any of the duties granted by this or any former act, on almanacks, newspapers, and licences to keep stage coaches, or shall forge, counterfeit or resemble, or cause or procure to be forged, counterfeited or resembled, the impression or any part of the impression of any such plate, stamp, or die, upon any paper whatsoever, or shall stamp or mark, or cause or procure to be stamped or marked any paper whatsoever, with any such forged or counterfeited plate, stamp, or die as aforesaid, with intent to defraud his majesty, his heirs or successors, of any of the duties hereby granted on almanacks, newspapers, and licences to keep stage coaches, or any part thereof; or if any person shall utter, or sell, or expose to sale any paper, having thereupon the impression of any such forged or counterfeited plate, stamp, or die, or part of any plate, stamp, or die, or any such forged, counterfeited, or resembled impression, or part of impression as aforesaid, knowing the same respectively to be forged, counterfeited, or resembled; or if any person shall privately and secretly use any plate, stamp, or die, which shall have been so provided, made, or used as aforesaid, with intent to defraud his majesty, his heirs or successors; then every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy. For stamp regulations, see title Stamps, Vol. V. Advertisement contained in the London Gazette, or in any other newspaper or paper containing public news, intelligence, or occurrences, printed and published in Great Britain; that is to say, for every such advertisement 3s. 6d. Advertisement contained in or published with any periodical pamphlet whatsoever, printed and published in Great Britain, or in or with any part or number of any book or literary work published in parts or numbers, for every such advertisement 3s. 6d. Exemptions from these duties vide ante, p. 505. Proof of publication of newspapers, see stat. 38 G. 3. c. 78. title Night Walkers. See Cves Droppers. Non-compos. See Lunatics. Northern Borders. [43 Eliz. c. 13. - 13 & 14 C. 2. c. 22. -18 C. 2. c. 3.— BY the 43 El. c. 13. § 1. 2. Forasmuch as many persons dwelling Forasmuch as, &c.] At the time when this act was made and for some time after the peace of the borders was maintained by commissioners appointed by the two crowns respectively, who agreed upon certain articles to be observed by both sides; appointed guards and watches at certain fords and other places; kept courts; redressed grievances; punished offenders; and had power of life and death, by way of legal trial in the manner of oyer and terminer. And this act was not made in abolition of such power, but in aid thereof, and for the punishment of certain offenders unto whom the commission of the lords wardens of the marches did not extend; which offenders, although not employed in the protection of the country by virtue of the institution of the wardenship of the marches, yet demanded contribution of the inhabitants under pretence of preserving them from rapine and depredation by reason of the friendship and alliance which they had with the spoil-takers and robbers in those parts. 43 El. c. 13. Persons exact- Blackmail.] Maile, in French, is a small piece of money; and Blackmail, in the 9 H. 5. silver half-pence here were termed mailes. In a what., large acceptation, the word maile signifies a rent in general, paid either in money, corn, cattle, or other goods, as geese maile, cow maile, and the like; and in Scotland, maile is still the common word for rent. White maile, white rents, (vulgarly called quitrents,) were rents made in silver, and thereby distinguished from work-day rent, cummin rents, corn rents and the like. Black maile, or black rents, seem properly to have been rents paid in cattle (otherwise called neat gelt, or neat geld, from the Danish gelt, geld, geldum, a payment of tribute); but more largely taken, it seemeth to have been used to signify all rents not paid in silver, Deadly feud. 43 El. c. 13. $ 3. 4. 5. 6. 13 & 14 C. 2. c. 22. in contradistinction to the redditus albi, blanch farms; or white rents. Deadly feud.] Feud, in the German, signifies enmity, or war; as in like manner the word foe signifies any enemy. Feud, in Scotland, is a combination of kindred to revenge injuries or affronts done or offered to any of their blood. Deadly feud is a profession of irreconcileable hatred, till a person is revenged even by the death of his adversary. And by the said statute, persons outlawed in any of the said counties for any such murder, robberies, burglaries or other felonies, shall in two months be certified in writing by the clerk of the peace to all the sheriffs of all the said counties, and the said sheriffs shall proclaim them in Carlisle, Penrith, Cockermouth, Appleby, Kendal, Newcastle, Morpeth, Alnewick, Hexham, Duresme, Darlington, Bishop Awkland, Barnard Castle, and Berwick, and once a month in every their county courts, till they surrender; and the mayor shall proclaim them in every fair, and every six weeks in the market, and persons relieving or conferring with them shall, on the like conviction, be imprisoned for six months, and bound to the good behaviour for a year. By 13 & 14 C. 2. c. 22. The justices of Northumberland and Cumberland may make order in sessions for charging the respectMoss troopers. ive counties, for securing the same against the moss troopers (that is thieves and robbers, who after having committed offences in the borders do escape through the wastes and mosses); so as Northumberland be not charged above 500l. nor Cumberland above 2001. a-year. And they may appoint a commander, with thirty men in Northumberland, and twelve men in Cumberland, to search for, pursue, and apprehend offenders. 29 & 30 C. 2. c. 2. Persons em ployed to apprehend moss troopers. To give security. 18 C. 2. c. 3. Notorious thieves and spoil-takers. By 29 & 30 C. 2. c. 2. The persons so employed shall be chosen in sessions yearly, or every two years at the farthest. And the sessions shall take security of the person by them employed for preservation of the borders, to answer the damages sustained by their neglect or default, and to pay the same in four months after proof made thereof in sessions by oath of one witness; so as the goods stolen be entered in one of the books to be kept for that purpose in forty-eight hours after they be stolen or gone; and books shall be kept for that end in every market town in the said counties and in such other places and by such persons as the sessions shall appoint. By the 18 C. 2. c. 3. Great and notorious thieves and spoiltakers, in the said counties of Northumberland and Cumberland, shall suffer death as felons without benefit of clergy; or may be transported, by order of the judges of assize, during life. |