The penalty VI. And that if any such person or persons, after he for the third shall be twice convicted in form aforesaid, shall offend offence. against any of the premises the third time, and shall be thereof in form aforesaid lawfully convicted, that then the person so offending and convicted the third time, shall be deprived, ipso facto, of all his spiritual promotions, and also shall suffer imprisonment during his life. The penalty VII. And if the person that shall offend, and be conof an offen- victed in form aforesaid, concerning any of the premises, der having no spiritual shall not be beneficed, nor have any spiritual promotion, promotion. that then the same person so offending and convict, shall The forfei ture of them tion of the mon prayer, other prayer to be said or sung. for the first offence suffer imprisonment during one whole year next after his said conviction, without bail or mainprise. VIII. And if any such person, not having any spiritual promotion, after his first conviction shall eftsoons offend in any thing concerning the premises, and shall in form aforesaid be thereof lawfully convicted, that then the same person shall for his second offence suffer imprisonment during his life. IX. And it is ordained and enacted by the authority aforesaid, that if any person or persons whatsoever, after the said feast of the nativity of St. John Baptist next coming, shall in any interludes, plays, songs, rhymes, or by other open words, declare or speak any thing in the derobook of com- gation, depraving, or despising of the same book, or of any thing therein contained, or any part thereof; or shall by causing open fact, deed, or by open threatenings, compel or cause, or otherwise procure or maintain any parson, vicar, or other minister in any cathedral or parish church, or in chapel, or in any other place, to sing or say any common or open prayer, or to minister any sacrament, otherwise, or in any other manner and form, than is mentioned in the said book; or that by any of the said means shall unlawfully interrupt or let any parson, vicar, or other minister in any cathedral or parish church, chapel, or any other place to sing or say common and open prayer, or to minister the sacraments or any of them, in such manner and form as is mentioned in the said book; that then every such person, being thereof lawfully convicted, in form abovesaid, shall forfeit to the queen our sovereign lady, her heirs and successors, for the first offence, a hundred marks. Second of fence. Third of fence. X. And if any person or persons being once convict of any such offence, eftsoons offend against any of the last recited offences, and shall in form aforesaid be thereof lawfully convict; that then the same person so offending and convict shall for the second offence forfeit to the queen our sovereign lady, her heirs and successors, four hundred marks. XI. And if any person, after he in form aforesaid shall have been twice convict of any offence concerning any of the last recited offences, shall offend the third time, and be thereof in form above said lawfully convict, that then every person so offending and convict shall, for his third offence forfeit to our sovereign lady the queen, all his goods and chattels, and shall suffer imprisonment during his life. if the party XII. And if any person or persons, that for his first The penalty offence concerning the premises shall be convict in form convicted aforesaid, do not pay the sum to be paid by virtue of his do not pay conviction, in such manner and form as the same ought to his forfei be paid, within six weeks next after his conviction; that ture within then every person so convict, and so not paying the same, limited. shall for the same first offence, instead of the said sum, suffer imprisonment by the space of six months, without bail or mainprise. XIII. And if any person or persons, that for his second offence concerning the premises shall be convict in form aforesaid, do not pay the said sum to be paid by virtue of his conviction and this statute, in such manner and form as the same ought to be paid, within six weeks next after his said second conviction; that then every person so convicted, and not so paying the same, shall, for the same second offence, in the stead of the said sum, suffer imprisonment during twelve months, without bail or mainprise. the time 38 Geo. 3, c. 78. I. [After forty days from the passing this act, no person to print or publish a newspaper until an affidavit be delivered at the stamp-office.] II. [Affidavit to specify the names and abode of the printer, publisher, and of the proprietors, if they do not exceed two, exclusive of the printer and publisher, and if they do, then of two proprietors, and their proportional shares, and the description of the printing house, and the title of the paper.] III. [Where the proprietors exceed two, the names of two of the greatest proprietors, exclusive of the printer and publisher, to be specified in the affidavit.] IV. [Affidavit to be made as often as the printers, publishers, or proprietors named therein, or their respective abodes, shall be changed, &c. or as often as the commissioners for stamps shall require.] V. [Affidavit to be signed by the parties, and taken by a commissioner or officer specially appointed.] VI. [When the printers, publishers, and proprietors, required to be named in the affidavit, do not exceed four, the whole to swear; and where they do exceed that num to be ad the truth of and all mentioned therein, unless proved to the contrary: ber, four to swear to certain particulars, and to give notice to the parties not swearing, on penalty of fifty pounds each.] VII. [Penalty of one hundred pounds for printing, publishing, or vending a newspaper without such affidavit having been signed, &c.] VIII. [Persons making false or imperfect affidavits, liable to the penalties for perjury.] Affidavits to IX. And be it further enacted, that all such affidavits be filed, and they, or cerand affirmations, as aforesaid, shall be filed and kept in tified copies, such manner as the said commissioners shall direct, and the same, or copies thereof, certified to be true copies, as mitted in all hereinafter is mentioned, shall respectively, in all proceedproceedings, civil or cri- ings, civil and criminal, touching any newspaper, or other minal, as such paper as aforesaid, which shall be mentioned in any evidence of such affidavits or affirmations, or touching any publication, their con- matter, or thing contained in any such newspaper or other tents,against paper, be received and admitted as conclusive evidence of the persons the truth of all such matters, set forth in such affidavits or swearing, affirmations as are hereby required to be therein set forth against every person who shall have signed and sworn or affirmed such affidavits or affirmations, and shall also be received and admitted, in like manner, as sufficient evidence of the truth of all such matters against all and every person who shall not have signed, or sworn, or affirmed the same, but who shall be therein mentioned to be a proprietor, printer, or publisher of such newspaper or other But if any paper, unless the contrary shall be satisfactorily proved: person shall provided always, that if any such person or persons, rehave de- spectively, against whom any such affidavit or affirmation, livered, pre- or any copy thereof, shall be offered in evidence, shall publication prove that he, she, or they hath or have signed, sworn or of the paper affirmed, and delivered to the said commissioners or such to which the officer as aforesaid, previous to the day of the date or pubproceedings lication of the newspaper or other such paper, as aforesaid, affidavit that to which the proceedings, civil or criminal, shall relate, an he has affidavit or affirmation that he, she, or they, hath or have ceased to be ceased to be the printer or printers, proprietor or proprietors, printer, &c. he shall not or publisher or publishers of such newspaper, or other such be so deem paper as aforesaid, such person or persons shall not be ed after such deemed, by reason of any former affidavit or affirmation so delivery. delivered as aforesaid, to have been the printer or printers, to the relate, an In newspa. pers there shall be printed the names and abode of proprietor or proprietors, or publisher or publishers, of such paper, after the day on which such last-mentioned affidavit or affirmation shall have been delivered to the said commissioners or their officer as aforesaid. X. And be it further enacted, that in some part of every newspaper, or other such paper as aforesaid, there shall be printed the true and real name and names, addition and additions, and place and places of abode, of the printer and printers, and publisher and publishers, of the same, berein men and also a true description of the place where the same is printers and publishers, printed; and in case any person or persons shall knowingly on penalty and wilfully print or publish, or cause to be printed or of 1007. and published, any such newspaper or other paper, as afore- proof, in said, not containing the particulars aforesaid, and every of manner them, every such person shall forfeit and lose the sum of tioned, that one hundred pounds; and that proof made in manner herein the party is mentioned, in any proceeding to recover the same, that the the printer, party proceeded against is a printer or publisher of a news-hall be paper or other such paper so printed or published as sufficient, aforesaid, shall be deemed, and taken to be proof, that unless such party is a person wilfully and knowingly printing or proved to publishing, or causing the same to be printed or published, trary. unless he shall satisfactorily prove the contrary thereof. &c. the con XI. And be it further enacted, that it shall not be neces- After prosary, after any such affidavit or affirmation, or a certified duction of the affidavit, copy thereof, shall have been produced in evidence, as or copy, and aforesaid, against the persons who signed and made such a paper inaffidavit, or are therein named, according to this act, or tituled as any of them, and after a newspaper, or other such paper, tioned, &c. therein men. as aforesaid, shall be produced in evidence, intituled in the it shall not same manner as the newspaper or other paper mentioned be necesin such affidavit or copy, is intituled, and wherein the sary for a name or names of the printer and publisher, or printers and prosecutor for penalpublishers, and the place of printing, shall be the same as ties under the name or names of the printer and publisher, or printers this act to and publishers, and the place of printing mentioned in prove the such affidavit or affirmation, for the plaintiff, informant, or the paper. purchase of prosecutor, or person seeking to recover any of the penalties given by this act, to prove that the newspaper, or paper to which such trial relates, was purchased at any house, shop, or office, belonging to or occupied by the defendant or defendants, or any of them, or by his or their servants or workmen, or where he or they, by themselves or their servants or workmen, usually carry on the business of printing or publishing such paper, or where the same is usually sold. house men. XII. And be it further enacted, that service in the house Service at or place mentioned in such affidavit or affirmation as afore the printing. said, as the house or place at which such newspaper, or tioned in other such paper as aforesaid, to which any proceedings, affidavit, to civil or criminal, shall relate, is printed or published, or be deemed intended so to be, of any legal notice, summons, subpoena, notice to all sufficient, rule, order, or process, of what nature whatsoever, or to persons enforce an appearance in any suit, prosecution, or proceed- named ing, civil or criminal, against any printer, publisher, or therein. proprietor of any such newspaper or other paper, shall be deemed and taken to be good and sufficient service thereof respectively, against all persons named in such affidavit or affirmation as the proprietor or proprietors, publisher or publishers, or printer or printers of the newspaper or other But if any person shall to which the paper mentioned in such affidavit or affirmation; provided always, that if any such person or persons respectively as aforesaid, shall have signed, sworn, or affirmed, and dehave delivered, prelivered to the said commissioners, or such officer as aforevious to the said, previous to the day of the date or publication of the publication newspaper, or other such paper as aforesaid, to which the of the paper proceeding in court shall relate, an affidavit or affirmation proceedings that he or they have ceased to be the printer or printers, proprietor or proprietors, publisher or publishers, of such affidavit that newspaper, or other such paper as aforesaid, and shall ceased to be make proof thereof, such person or persons shall not be printer, &c. deemed, by reason of any former affidavit or affirmation, so he shall not delivered as aforesaid, to have been the proprietor or proed after such prietors, printer or printers, publisher or publishers of such delivery. relate, an he has be so deem Copies of affidavits, certified by the commis sioners or officers in whose custody they shall be, to be sufficient evidence. paper, after the day on which such last-mentioned affidavit or affirmation shall have been delivered to the said commissioners, or such other officer as aforesaid. XIII. [Certified copies of affidavits to be delivered on payment of one shilling.] XIV. And whereas, in many cases, it may be productive of public inconvenience to require that the commissioners or officers before whom such affidavits or affirmations, as are hereinbefore mentioned, are made, should be required perscnally to attend, in order to prove, upon the trial of any action, prosecution, suit, indictment, information, or in any other proceeding, that the parties signing, swearing, or affirming, and delivering such affidavit or affidavits, affirmation or affirmations, did swear or affirm the same in the presence of, and did deliver the same to such commissioners and officers, before and to whom the same shall have been sworn, affirmed, or delivered respectively; be it enacted, that in all cases a copy of any such affidavit or affirmation, certified to be a true copy under the hand or hands of one or more of the commissioners or officers in whose possession the same shall be, shall, upon proof made that such certificates have been signed with the handwriting of the person or persons making the same, and whom it shall not be necessary to prove to be a commissioner or commissioners, or officer or officers, be received in evidence as sufficient proof of such affidavit or affirmation, and that the same was duly sworn or affirmed, and of the contents thereof; and such copies, so produced and certified, shall also be received as evidence that the affidavit or affirmation, of which they purport to be copies, have been sworn or affirmed according to this act, and shall have the same effect, for the purposes of evidence, to all intents whatsoever, as if the original affidavits or affirmations, of which the copies so produced and certified shall purport to be copies, had been produced in evidence, and been proved to have been duly so certified, sworn, and affirmed, by the person or persons appearing by such copy to have sworn or affirmed the same as aforesaid. |
