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p:pamphlets

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Pamphlets

Act 60 Geo. 3. c. 9. — To subject certain Publications to the Duties of Stamps upon Newspapers, and to make other Regulations for restraining the Abuses arising from the Publication of Blasphemous and Seditious Libels.

First recites, that Pamphlets and printed Papers containing Observations upon Public Events and Occurrences, tending to excite Hatred and Contempt of the Government and Constitution of these Realms as by Law established, and also vilifying our Holy Religion, have lately-been published in great Numbers, and at very small Prices; and it is expedient that the same should be restrained, and enacts;

s. 1. That all Pamphlets and Papers containing any Public News, Intelligence, or Occurrences, or any Remarks or Observations thereon, or upon any Matter in Church or State, printed in any Part of the United Kingdom for Sale, and published periodically, or in Parts or Numbers, at Intervals not exceeding Twenty-six Days between the Publication of any Two such Pamphlets or Papers, Parts or Numbers, where any of the said Pamphlets or Papers, Parts or Numbers respectively, shall not exceed Two Sheets, or shall he published for Sale for a less Sum than Sixpence, exclusive of the Duty by this Act imposed thereon, shall be deemed and taken to be Newspapers within the true Intent and Meaning of several other Acts of Parliament now in force relating to Newspapers; and be subject to such and the same Duties of Stamps, with such and the same Allowances and Discounts, as Newspapers printed in Great Britain and Ireland respectively now are subject unto under and by virtue of the said recited Acts of Parliament, and shall be printed, published, and distributed under and subject to all such and the like Rules, Regulations, Restrictions, Provisions, Penalties, and Forfeitures, as are contained in the said recited Acts, or either of them.

s. 2. That no Quantity of Paper less than a Quantity equal to Twenty-one Inches in Length and Seventeen Inches in Breadth, in whatever Way or Form the same may be made, or may be divided into Leaves, or in whatever Way the same may be printed, shall be deemed or taken to be a Sheet of Paper within the Meaning and for the Purposes of this Act.

s. 3. That no Cover or Blank Leaf, or any other Leaf upon which any Advertisement or other Notice shall be printed, shall, for the Purposes of this Act, be deemed or taken to be a Part of any such Pamphlet, Paper, Part, or Number aforesaid.

s. 4. That all Pamphlets and Papers containing any Public News, Intelligence, or Occurrences, or any such Remarks or Observations as aforesaid, printed for Sale, and published periodically, or in Parts or Numbers, at Intervals exceeding Twenty-six Days between any Two such Pamphlets or Papers, Parts or Numbers, and which said Pamphlets, Papers, Parts or Numbers respectively, shall not exceed Two Sheets, or which shall be published for Sale at a less Price than Sixpence, shall be first published on the First Day of every Calendar Month, or within Two Days before or after that Day, and at no other Time; and that if any Person or Persons shall first publish or cause to be published any such Pamphlet, Paper, Part, or Number aforesaid, on any other Day or Time, he or they shall forfeit for every such Offence the Sum of Twenty Pounds.

s. 5. That upon every Pamphlet or Paper containing any Public News, Intelligence, or Occurrences, or any Remarks or Observations thereon, or upon any Matter in Church or State, printed in any Part of the United Kingdom for Sale, and published periodically, or in Parts or Numbers, at Intervals not exceeding Twenty-six Days between the Publication of any Two such Pamphlets or Papers, Parts, or Numbers, and upon every Part or Number thereof shall be printed the full Price at which every such Pamphlet, Paper, Part, or Number shall be published for Sale, and also the Day on which the same is first published; and if any Person shall publish any such Pamphlet, Paper, Part or Number, without the said Price and Day being printed thereon, or if any Person shall at any Time within Two Months after the Day of Publication printed thereon as aforesaid sell or expose to sale any such Pamphlet, Paper, Part, or Number, or any Portion or Part of such Pamphlet, Paper, Part, or Number, upon which the Price so printed as aforesaid shall be Sixpence, or above that Sum, for a less Price than the Sum of Sixpence, every such Person shall for every such Offence forfeit and pay the Sum of Twenty Pounds.

s. 6. Provided always, That nothing in this Act shall extend or be construed to extend to subject any Person publishing any Pamphlet or Paper to any Penalty for any Allowance in Price made by the Person for whom and on whose Behalf, and for whose Profit, Benefit, or Advantage, the same shall have been first published, to any Bookseller, or Distributor, or other Person to whom the same shall be sold for the Purpose of retailing the same.

s. 7. That all Pamphlets and Papers which are by this Act declared to be subject to the Stamp Duties upon Newspapers, shall be freed and discharged from all the Stamp Duties and Regulations contained in any Act of Parliament relating to Pamphlets.

s. 8. That no Person, from and after Thirty Days after the passing of this Act, shall print or publish for Sale, any Newspaper, or any Pamphlet or other Paper containing any Public News, Intelligence, or Occurrences, or any Remarks or Observations thereon, or upon any Matter in Church or State, which shall not exceed Two Sheets, or which shall be published for Sale at a less Price than Sixpence, until he or she shall have entered into a Recognizance, in the Sum of Three hundred Pounds, if such Newspaper, Pamphlet, or Paper shall be printed in London or within Twenty Miles thereof; and in the Sum of Two hundred Pounds, if such Newspaper, &c. shall be printed elsewhere in the United Kingdom, and his or her Sureties in a like Sum in the Whole, conditioned that such Printer or Publisher shall pay to his Majesty, his Heirs and Successors, every such Fine or Penalty as may at any Time be imposed upon or adjudged against him or her, by reason of any Conviction for printing or publishing any blasphemous or seditious Libel, at any Time after the entering into such Recognizance or executing such Bond; and that every Person who shall print or first publish any such Newspaper, Pamphlet, or other Paper, without having entered into such Recognizance, or executed and delivered such Bond with such Sureties as aforesaid, shall, for every such Offence, forfeit the Sum of Twenty Pounds.

s. 9. If Sureties pay any Part of the Money for which they are bound, or become Bankrupt, new Recognizance or Bond with Sureties must be given.

s. 10. Provided Sureties may withdraw from Recognizance upon giving Notice, and new Recognizance to be entered into.

s. 11. Bonds not to be subject to Stamp Duty.

s. 12. Lists of Recognizances and Bonds taken, to be transmitted to Commissioners of Stamps in England, Scotland, and Ireland, respectively.

s. 13. And whereas the Printer or Publisher of any Newspaper, and of any Pamphlet and Paper hereby enacted to be deemed and taken to be a Newspaper, will, after the passing of this Act, be bound under and by virtue of the Provisions contained in the said Acts made and passed in the Thirty-eighth and Fifty-fifth Years of his Majesty's Reign respectively, to deliver to the Commissioners of Stamps in Great Britain and Ireland respectively, or some Distributor of Stamps or other Officer, on the Day on which the same is published, or within a certain Time afterwards. One of the Newspapers, Pamphlets, or Papers so published, signed as in the said Acts is respectively directed: And whereas it is expedient that the same or similar Provisions and Regulations should extend and be applied to all Pamphlets and Papers, whether published periodically or not, and which shall contain any Public News, Intelligence, or Occurrence, or any Remarks or Observations thereon, or upon any Matter in Church or State, and which shall not exceed Two Sheets as aforesaid, or which shall be published for Sale at a less Price than Sixpence; be it therefore enacted. That from and after Ten Days after the passing of this Act, the Printer or Publisher of any Pamphlet or other Paper for Sale, containing any Public News, Intelligence, or Occurrences, or any Remarks or Observations thereon, or on any Matter in Church or State, shall, upon every Day upon which the same shall be published, or within Six Days after, deliver to the Commissioners of Stamps for Great Britain and Ireland respectively, at their Head Offices, or to some Distributor or Officer to be appointed by them to receive the same, and whom they are hereby required to appoint for that Purpose, one of the Pamphlets or Papers so published upon each such Day, signed by the Printer or Publisher thereof, in his Hand-writing, with his Name and Place of Abode; and the same shall be carefully kept by the said Commissioners, or such Distributor or Officer as aforesaid, in such Manner as the said Commissioners shall direct; and such Printer or Publisher shall be entitled to demand and receive from the Commissioners, or such Distributor or Officer, the Amount of the Retail Price of such Pamphlet or Paper so delivered; and in every Case in which the Printer and Publisher of such Pamphlet or Paper shall neglect to deliver One such Pamphlet or Paper in the Manner herein-before directed, such Printer and Publisher shall, for every such Neglect respectively, forfeit and lose the Sum of One hundred Pounds.

s. 14. Provided always. That in case the said Commissioners, or such Distributor or Officer aforesaid, shall refuse (o receive or pay for any Copy of such Pamphlet or Paper offered to be delivered to them or him as aforesaid, for or on account of the same not being within the true Intent and Meaning of this Act, such Commissioners, Distributor, or Officer shall, if required so to do, give and deliver to such Printer or Publisher a Certificate in Writing, that a Copy of such Pamphlet or Paper had been by him duly offered to be delivered; and such Printer or Publisher shall thereupon be freed and discharged from any Penalty for not having delivered such Copy as aforesaid.

s. 15. That if any Person shall sell or expose to sale any Pamphlet or other Paper not being duly stamped, if required to be stamped, such Person shall, for every such Offence, forfeit the Sum of Twenty Pounds.

s. 16. That it shall be lawful for any of his Majesty's Courts of Record at Westminster or Dublin or of Great Session in Wales, or any Judge thereof respectively, or for any Court of Quarter or General Sessions of the Peace, or for any Justice of the Peace before whom any Person charged with having printed or published any blasphemous, seditious, or malicious Libel, shall be brought for the Purpose of giving Bail upon such Charge, to make it a Part of the Condition of the Recognizance to be entered into by such Person and his or her Bail, that the Person so charged shall be of good Behaviour during the Continuance of such Recognizance.

s. 17. Recovery of Penalties. Provided always, that no larger Amount in the Whole than One hundred Pounds shall be recoverable or recovered before any Justices of the Peace, for any such Penalties incurred in any One Day; any Thing in this Act or any other Acts of Parliament contained to the contrary notwithstanding.

s. 18. Two or more Justices to determine Offences, and may mitigate Penalties,

s. 19. Penalty on Persons summoned as Witnesses not appearing, &c.

ss. 20. to 25. Relate to the Forms of Conviction, commencing Actions for Penalties, Management of the Duties, Allowance of Discounts, &c.

s. 26. 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.

s. 27. That nothing in this Act contained shall extend or be construed to extend to charge with Stamp Duties any Work re-printed and re-published in Parts or Numbers, whether such Work shall be wholly re-printed or shall be republished in an abridged Form; provided that the Work so re-printed and re-published shall have been first printed and published Two Years at the least previous to such Re-printing and Re-publication, and provided the said Work was not first published in Parts or Numbers.

This act was repealed by 6 & 7 Will. 4. c. 76. as far as relates to newspapers, advertisements, and stamps. See Blasphemous Libels. Newspaper Postage. Publications, Periodical.

Pamphlets. (Ireland.) 43 Geo. 3. c. 21. s. 45. “And, for the better collecting and securing the Duties hereby charged on Pamphlets, be it further enacted. That One printed Copy of every Pamphlet which shall be printed or published within the City of Dublin, shall, within the Space of six Days after the printing thereof, he brought to the said Head Office in Dublin, and the Title thereof, with the Number of Sheets contained therein, and the Duty hereby charged thereon, shall be registered or entered in a Book, to be there kept for that Purpose; which Duty shall be thereupon paid to the proper Officer or Officers appointed to receive the same, or his or their Deputy or Clerk, who shall thereupon give a Receipt for the same on such printed Copy, to denote the Payment of the Duty hereby charged on such Pamphlet; and that One printed Copy of every such Pamphlet that shall be printed or published in any Place in Ireland, not being within the City of Dublin, shall, within the Space of fourteen Days after the printing thereof, be brought to some Head Distributor or Collector of the Stamp Duties, who is hereby required forthwith to enter the Title thereof, with the Number of Sheets contained therein, and the Duty hereby charged thereon, in a Book to be by him kept for that Purpose, which Duty shall be thereupon paid to such Distributor or Collector, who shall give a Receipt for the same on such printed Copy.

s. 46. “And be it further enacted. That if any such Pamphlet shall be printed or published as aforesaid, and the Duty hereby charged thereon shall not be duly paid as aforesaid within the respective Times aforesaid, then the Printer or Publisher, and all and every other Person or Persons concerned in and about the printing or publishing of such Pamphlet, shall, for every such Offence, forfeit the Sum of One hundred Pounds; and the Author, Printer, and Publisher of such Pamphlet, shall forfeit and lose all Copy Right therein.

s. 47. “And be it further enacted, That on the Trials of Actions, Informations, or Suits, for Recovery of the aforesaid Penalty for Nonpayment of the aforesaid Duty, within the respective Times aforesaid, the Proof of the Payment of the said Duty shall lie upon the Printer or Publisher of such Pamphlet.”

SCHEDULE (D)

“For every Pamphlet or Paper, not exceeding Six Sheets in Octavo, or in a lesser Page, and not exceeding Twelve Sheets in Quarto, or Twenty Sheets in Folio, a Duty after the Rate of Two Shillings for every Sheet of any Kind of Paper contained in one printed Copy or Impression thereof.”

55 Geo. 3. c. 80., which re-enacts these sections, was repealed by 6 & 7 Will, 4. c. 76. as far as relates to Newspapers, Advertisements, and Stamps.

47 Geo. 3. c. 5O. sess, 1.

SCHEDULE (B)

“For every Pamphlet or Paper not exceeding Six Sheets in Octavo, or in a lesser Page, and not exceeding Twelve Sheets in Quarto, or Twenty Sheets in Folio, for every Sheet of [any Kind of Paper contained in One printed Copy or Impression thereof, a Duty of 2s.

“The foregoing Duty on Advertisements and Pamphlets does not extend to Advertisements respecting Hospitals, Forms of Prayer and Thanksgiving, printed Votes and Proceedings in Parliament, School Books, or Books of Devotion or Piety.”

56 Geo. 3. c. 56., which re-enacts this Duty, was repealed by 6 & 7 Will. 4. c. 76. as far as relates to Newspapers, Advertisements, and Stamps.

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