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ling and no more, and such clerk of the peace, or his deputy, 59 G. 3. c. 79. shall file such notice, and transmit an attested copy thereof to one

of his majesty's principal secretaries of state; and every person Penalty of 201 who, not having delivered such notice, and obtained such certifi- for keeping cate as aforesaid, shall, from and after the expiration of forty presses or types without notice, days next after the passing of this act, keep or use any printing or using them press or types for printing, or having delivered such notice, and in any place rot obtained such certificate as aforesaid, shall use any printing press expressed or types for printing in any other place than the place expressed therein. in such notice, shall forfeit 201.

§ 24. Provides, that nothing herein contained shall extend to Not to extend his majesty's printers for England and Scotland, or to the public to his majesty's presses belonging to the Universities of Oxford and Cambridge printers, or the respectively.

a

universities in England.

Letter founders

and printing

press makers to

give a notice, in the form in the annexed sche

dule, to the clerk of the

peace, who shall

§ 25. Enacts, that every person carrying on the business of letter founder, or maker or seller of types for printing, or of printing presses, shall cause notice (D) of his or her intention to carry on such business to be delivered to the clerk of the peace of the county, stewartry, riding, division, city, borough, town, or place, where such person shall propose to carry on such business, or his deputy, in the form prescribed in the schedule to this act annexed; and such clerk of the peace, or his deputy, shall and he is hereby authorised and required thereupon to grant a certificate grant a certifiin the form (E) also prescribed in the said schedule, for which such cate, and file clerk of the peace, or his deputy, shall receive a fee of one shil- the notice, and ling, and no more, and shall file such notice, and transmit an attested copy thereof to one of his majesty's principal secretaries of state; and every person who shall, after the expiration of the said forty days, carry on such business, or make or sell any type for printing, or printing press, without having given such notice, and obtained such certificate, shall forfeit 201.

transinit an at

tested copy to the secretary of state.

Penalty of 201. for carrying on

such businesses without giving

An account to

§ 26. Enacts, that every person who shall sell for print- notice. types ing, or printing presses, as aforesaid, shall keep a fair account in writing, of all persons to whom any such types or presses shall be sold, and shall produce such accounts to any justice of the peace who shall require the same; and if such person shall neglect to keep such account, or shall refuse to produce the same to any such justice, on demand in writing to inspect the same, such person shall forfeit for such offence, the sum of 201.

be kept of types and printing presses sold, and to be produced when required

on penalty of

201.

The name and

§ 27. Enacts, that every person who shall print any paper or book whatsoever, which shall be meant or intended to be pub- abode of the lished or dispersed, whether the same shall be sold or given printer to be away, shall print upon the front of every such paper, if the same printed on every shall be printed on one side only, and upon the first and last paper or book. leaves of every paper or book which shall consist of more than one leaf, in legible characters, his or her name, and the name of the city, town, parish, or place, and also the name (if any) of the square, street, lane, court, or place," in which his or her dwellinghouse or usual place of abode shall be; and every person who shall omit so 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 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

39 G. 5. c. 79. person printing the same shall not be printed as aforesaid, shall Penalty 201. for every copy of such paper so published or dispersed by him, forfeit 201.

Not to extend

to papers print ed by authority of parliament.

a copy of every paper they print, and write there

on the name and 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

to determine

whether they have offended against this act.

§ 28. Enacts, that nothing in this act contained shall extend, to any papers printed by the authority and for the use of either house of parliament.

§ 29. Enacts, that every person who 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 201.

30. Enacts, 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 herein before directed, or having a fictitious or false name or place of abode printed thereon, shall be sold, or offered for sale, or shall before a justice be delivered gratis, or offered so to be, or shall be pasted, fixed, or left in any public place, or in any other manner exposed to public view, to seize and detain the person so selling or offering to sell, or delivering or offering to deliver, or pasting, fixing, or leaving in any public place, or in any other manner exposing to public 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.

Not to extend

to impressions of engravings, or the printing names and addresses, &c.;

nor to alter any provisions respecting newspapers.

A justice may

empower a peace officer to search for presses and

31. Provides, 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.

§ 32. Provides, that nothing herein contained shall 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.

33. Enacts, that if any justice of the peace, acting for any county, stewartry, riding, division, city, borough, town, or place, shall, from information upon oath, have reason to suspect that any printing press or types for printing is or are used or kept for use without notice given and certificate obtained as required by pects t be ille- this act, or in any place not included in such notice and certifi

types be sus

cate, it shall be lawful for such justice, by warrant under his 39 G. 5. c. 79. hand and seal, to direct, authorise, and empower any constable, gally used, and petty constable, borsholder, headborough, or other peace officer, to seize them in the day time, with such person or persons as shall be called to and the printed his assistance, to enter into any such house, room, and place, and papers found. 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 day time 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.

within three

months.

Recovery of

34. Provides, that no person shall be prosecuted or sued for Prosecutions to any penalty imposed by this act, unless such prosecution shall be be commenced commenced, or such action shall be brought, within three calendar months next after such penalty shall have been incurred. 35. Enacts, that any pecuniary penalty imposed by this act, exceeding 201. may be sued for and recovered, by any person penalties. 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-uponTweed, 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 20l., (being the sum de-.manded by such action,) being forfeited by an act, made and passed in 39 Geo. 3. intituled An Act [here set forth the title of the act (a)] 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 20., and for the recovery whereof no provision is herein-before contained, shall and may be recovered before any justice 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 shall, by warrant under his hand and seal, 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 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 mainprise, for any time not exceeding six calendar months, nor less than three calendar months.

36. Enacts, that all pecuniary penalties and forfeitures im- Application of posed by this act shall, when recovered, either by action in any penalties. court, or in a summary way before any justice, be applied and disposed of in manner herein-after 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.

(a) Ante, page 724.

59 G. 3. c. 79. Limitation of actions.

General issue.

Double costs.

Convictions,

&c. to be in the

forms in the annexed schedule.

§ 37. Enacts, that every action which shall be brought or commenced against any justice of the peace, constable, peace officer, or other person for any thing done or acted in pursuance of this act, shall be commenced within three calendar months next after the fact committed, and the venue in every such action shall be laid in the proper county where the fact was committed, and the defendant in every such action may plead the general issue, &c.; and if such action shall be brought after the time limited, or the venue be laid in any other place the jury shall find a verdict for the defendant; and in such case, or if the jury shall find a verdict for the defendant upon the merits, or if the plaintiff shall become nonsuit, &c. or if upon demurrer judgment shall be given against the plaintiff, the defendant shall have double costs, &c.

38. Enacts, that convictions (A) by any justice of the peace, for offences against this act, and notices and certificates delivered and granted, shall or may be in the several forms set forth for such purposes respectively in the schedule to this act annexed.

The Schedule to which the annexed Act refers. (A) 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 Offence against the act.

M
to wit.
of

}

BE it remembered, that on this

A. B. of

in the

day of

year of the reign — is duly convicted before me [or, us] of his majesty's justices of the peace for

in

pursuance of an act of the thirty-ninth year of the reign of king (a) Ante, p. 724. George the third, [set forth the title of the act (a)], for that the said

A. B. on the

day of

at

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 founder, 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, nor 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 as a penalty for his offence, in purGiven under our hands and seals, this in the year of our Lord year of the reign of his majesty king

pay the sum of
suance of the said act.
day of

in the

and

(B) 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, stewartry, 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 purpose, 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 (a)]. Witness my hand, this day of

Signed in the presence of·

(C) Form of Certificate that Notice has been given of a Printing Press, or Types for Printing.

(a) Ante, p. 724.

I clerk [or, deputy clerk] of the peace for hath delivered to me do hereby certify, that A. B. of 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 and which he has required to be use for printing, within entered, pursuant to an act, passed in the thirty-ninth year of his [late] majesty's reign, [set forth the title of the act (a)]. Witness (a) Ante, p. 724. my hand, this

day of

(D) 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 Print-
ing Presses.

To the clerk of the peace for [as the case may be], or his deputy.
IA. B. of --
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 thirty-ninth year of the reign of his majesty king (a) Ante, p. 724. George the third, [set forth the title of the act (a)].

Signed in the presence of

(E) Form of Certificate that the above Notice has been

given.

G. H. clerk [or deputy clerk] of the peace for [as the case may hath delivered to be], do hereby certify, that A. B. of· 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 business of a letter founder, or maker or seller of types for and which notice he printing, or of printing presses, at 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 (a) Ante, p.724. the act (a)]. Witness my hand, this day of.

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