Laws relating to printers

A great number of laws have been enacted at different times with the view either of repressing the power of the Press or of exercising a censorship over its utterances. In addition to these, various acts have been passed imposing duties for fiscal purposes, either on the material upon which newspapers are printed, upon portions of their contents, or upon their transmission at home and abroad.

Most of these are now happily entirely repealed, and a degree of freedom is enjoyed by the conductors of journals in this country such as is unknown in almost any other part of the world.—

In the reign of Queen Anne (1712) Advertisements were first subjected to a duty (10 Anne, c. 19), and it was charged according to length. Some change took place, and the duty, which had been reduced from 3s. 6d. to Is. 6d. in Great Britain, and from 2s. 6d. to Is. in Ireland, by 3 & 4 Wm. IV., cap. 23 (June 28, 1833), was entirely repealed by 16 & 17 Vic., c. 63, s. 5 (August 4, 1853).—The Stamp Duty was levied in the reign of Queen Anne (10 Anne, c. 19), August 1, 1712.

After several modifications the duty was fixed by the Act 6 & 7 Wm. IV., c. 76, as follows: For every sheet or other piece of paper whereon any newspaper shall be printed. One Penny; and where such sheet or piece of paper shall contain on one side thereof a superficies exceeding 1530 inches and not exceeding 2295 inches the additional duty of One Halfpenny; where the same shall consist of a superficies exceeding 2295 inches the additional duty of One Penny; provided always that if the sheet does not exceed 765 inches (exclusive of the margin) and is published as a supplement to a newspaper charged with the duty already named, it should be chargeable only with the duty of One Halfpenny.

The bill for the abolition of this stamp duty (18 & 19 Vic., cap 27) received the royal assent June 15, 1855.—Besides these two “taxes on knowledge,” as they were popularly called during the long and excited agitation which prevailed from 18.50 to 1860, there was also a Paper Duty levied under the Act 2 & 3 Vic., c. 23, of three-halfpence on every pound weight of paper. This was abolished by 24 Vic., c. 20 (June 12, 1861).—The three taxes thus repealed partook of the character of fiscal imposts, although one of them was enacted with the view of crippling the press and of affording a ready and decisive means of discovering the printer and publisher of every public journal in the kingdom. But for centuries other and even more obnoxious restrictions had been in force, directed against the press.

The last of these has only been repealed within the past few years. The 6 & 7 Wm. IV., cap. 76, entitled “An act to reduce the duties on newspapers, and to amend the laws relating to duties on newspapers and advertisements,” enacted that no person should print or publish any newspaper before there should be delivered to the Commissioners of Stamps and Taxes, a declaration in writing containing:—

• The correct title of the newspaper.
• A true description of the building in which it is to be printed, and of the building in which it is to be published.
• The true name, in addition, and place of abode of every person who is intended to print, to publish, to be interested in the proprietorship of the paper, with the proportional shares of the proprietors, in certain cases.

A declaration of a similar import was to be made on the occasion of any change in the aiTangements, particulars of which were required, as well as when the persons named changed their abodes, or the title of the paper, or the name of the printing-office was altered; and in fact, “whenever in any case, or on any occasion, or for any purpose” the Commissioners or any officer of customs should require it. The penalty for non-observance of these requirements was fifty pounds for every day on which the newspaper was printed or sold before the declaration was made. But there was also additional restrictions. The newspaper could not be published until the printer or publisher, together with the proprietor, together also with two sufficient sureties, should have entered into security by bond in such sum as the Commissioners should think reasonable and sufficient to cover penalties and duties imposed by that and previous acts. By the 32 & 33 Vic., c. 24 (12 July, 1869), entitled “An Act to repeal certain enactments relating to newspapers, pamphlets, and other publications, and to printers, type founders, and reading rooms” the provisions of a number of acts was entirely or partially repealed. The following is a list of them:—

• 36 Geo. 3. c. 8.—An act for more effectually preventing seditious meetings and assemblies.—Entirely repealed.
• 39 Geo. 3, c. 79.—An act for the more effectual suppression of societies established for seditious and treasonable purposes, and for better preventing treasonable and seditious practices.

[This Act required that places for lectures or debates, or for reading books, newspapers, &c., to which places persons are admitted on payment, should be licensed at the Sessions. Also, that persons having or making printing presses or types should have them duly registered by the Clerk of the Peace.]

• Sections 15 to 23, both inclusive, repealed; also so much of sections 3i to 39 as relates to those sections.
• 51 Geo. 3, c. 65.—An Act to explain and amend the last-named Act.—Entirely repealed.
• 55 Geo. 3, c. 101.—An Act to regulate the collection of Stamp Duties and matters in respect of which licenses may be granted by the Commissioners of Stamps in Ireland.—Section 13 repealed.
• 60 Geo. 3, and 1 Geo. 4, c. 9.—An Act 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.

[These Acts required the printer of a newspaper to enter into recognizance with sureties to pay any fine imposed on conviction for a blasphemous or seditious libel, and to send copies of every paper to the stamp olfice.]—Entirely repealed.

• 11 Geo. 4, 1 Wm. 4, c. 73.—An Act to repeal 60 Geo. 3, and to provide further remedy against the abuse of publishing libels.—Entirely repealed.
• 6 & 7 Wm. IV., c. 76.—An Act to reduce the duties on newspapers, and to amend the laws relating to the duties on newspapers and advertisements.

[This Act regulated the printing of the date, title, &c., of newspapers, and the name of the printer, and requiring a declaration (see supra) before a newspaper could be printed.]—Repealed, except sections 1 to 4 inclusive, sections 34 & 35, and the schedule.

• 2 & 3 Vic., c. 12.—An Act to amend 39 Geo. 3, and to put an end to certain proceedings now pending under the said Act.—Entirely repealed.
• 5 & 6 Vic., c. 82.—An Act to assimilate the Stamp Duties in Great Britain. Ireland, &c. The part repealed is the sentence “and also license to any person to keep any printing presses and types for printing in Ireland.”
• 9 & 10 Vic., c 33.—An Act to amend the laws relating to corresponding societies and the licensing of lecture rooms.—Repealed so far as it relates to any proceedings under the enactments repealed in this schedule.
• 16 & 17 Vic., c. 59.—Relating to Stamp Duties in Ireland. Repealed in part, viz., that portion of section 20 which makes perpetual 5 & 6 Vic. c. 82 repealed by this Act.

The foregoing statement shows how a number of old and oppressive enactments have been eliminated from the Statute Book. It remains to be stated how far legislative interference with the Press is still maintained by the Act before referred to (32 & 33 Vic., c 24). That Act continues the force of the following Acts:—

• 39 Geo. 3, c 79.—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 ner, 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 show the same to any justice of the peace who within the 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.—Sec. 29.
• Nothing herein contained shall extend to the impression of any engraving, or to the printing by letterpress 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.—Sec. 31.
• 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.—Sec. 34.
• And any pecuniary penalty imposed by this Act, and not exceeding the sum of twenty pounds, 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.—Sec. 35.
• All pecuniary penalties herein-before imposed by this Act shall, when recovered in a summary way before any justice, be applied and disposed of in a manner herein-after mentioned; that is to say, one moiety thereof to the informer before any justice, and the other moiety thereof to His Majesty, his heirs and successors.—Sec. 36.
• 51 Geo. 3, c. 65.—Name and residence of printers not required to be put to bank notes, bills, &c., or to any paper printed by authority of any public board or public office.—Sec. 3.
• 6 & 7 Wm. 4, c. 76.—If any person shall file any bill in any court for the discovery of the name of any person concerned as printer, publisher, or proprietor of any newspaper, or of any matters relative to the printing or publishing of any newspaper, in order the more effectually to bring or carry on any suit or action for damages alleged to have been sustained by reason of any slanderous or libellous matter contained in any such newspaper respecting such person, it shall not be lawful for the defendant to plead or demur to such bill, but such discovery shall not be made use of as evidence or otherwise in any proceeding against the defendant, save only in that proceeding for which the discovery is made.—Sec. 19.
• 2 & 3 Vic., c. 12.—Every person who shall print any paper or book whatsoever which shall be meant to be published or dispersed, and who shall not print upon the front of every such paper, if the same shall be printed on one side only, or upon the first or last leaf of every paper or book which shall consist of more than one leaf, in legible characters, his or her name and usual place of abode or business, and every person who shall publish or disperse, or assist in publishing or dispersing, any printed paper or book 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 printed by him or her forfeit a sum of not more than five pounds; provided always, that nothing herein contained shall be construed to impose any penalty upon any person for printing any paper excepted out of the operation of the said Act of the thirty-ninth year of King George the Third, chapter 79, neither in the said Act or by any Act made for the amendment thereof.—Sec. 2.
• Sec. 3 refers to books printed at the University presses of Oxford and Cambridge.
• Sec. 4 provides that no action shall be commenced except in the name of the Attorney or Solicitor-General in England, or the Queen’s Advocate in Scotland.
• 9 & 10 Vic., c. 33.—Proceedings shall not be commenced unless in the name of the law officers of the Crown, and every action, bill, plaint, or information which shall be commenced, prosecuted, entered, or fik d in the name or names of any other person or persons than is in that behalf before mentioned, and every proceeding thereupon had, shall be null and void to all intents and purposes.—Sec. 1.

The following enactments are still in force:—

• 13 Geo. 2, cap. 19 (to restrain and prevent the excessive increase of horse-races, &c.), by which it is enacted, “That every person or persons who shall make, print, publish, advertise, or proclaim any advertisement or notice of any plate, prize, sum of money, or other thing of less value than fifty pounds to be run for by any horse, mare, or gelding, shall forfeit and lose the sum of one hundred pounds.”
• 37 Vic., c. 15.—By this it is enacted that no letter, circular, telegram, placard, handbill, card, or advertisement is to be sent, exhibited, or published that is of the nature following, viz.:—whereby it is made to appear that any person, either in the United Kingdom or elsewhere, will on application give information or advice with respect to bets or wagers on horse racing; or whereby any person is induced to apply to any place for obtaining information as to betting on horse racing; or whereby any person is invited to take any share in such betting. Infraction of this law subjects the offender to certain penalties under the Betting Act (16 & 17 Vic., c. 119). The Act 37 Vic., c. 15, came into operation 31st July, 1874.

It is worthy of remark that in the United States there is no special liability or criminality presumed of printers; the Libel Statutes alone approach them professionally, and these always select the editor or publisher in preference to the printer.—See Larceny Advertisements, Libel, and Copyright Property.