Parliamentary Papers. THE PRESS CONTROL BILL.

Hawke's Bay Times, Volume 6, Issue 312, 5 October 1865, Page 1

Parliamentary Papers. THE PRESS CONTROL BILL.

A BILL, INTITLED AN ACT TO PEETENT THE FEINTING AND PUBLISHING OF BOOKS AND PAPEES BY PEESONS NOT KNOWN, AND TO EEGULATE IN OTHEB EE3PECTS THE PEINTING AND PUBLISHING OP NEWSPAPEES. Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows—1. The short title of this Act shall be “ The Printers and Newspapers Registration Act, 1865.” 2. The Acts of Imperial Legislature mentioned in the first schedule, so far as the same apply to New Zealand, shall be, aud the same are hereby, repealed.. 3. Every person who has any printing press, or types for printing, shall give to the RegistrarGeneral for the time being, at his office, notice thereof, in writing, signed by him, and attested by a witness, and the Registrar-General shall file all such notices, and shall give to the persons giving such liotice a certificate, and such notice and certificate shall be in the form Contained in the second schedule hereto, or to the like effect, and shall bo sealed with the seal of the RegistrarGeneral. 4. Every person who prints for publication or dispersion whether, gratuitously or for money, any paper or book, shall print in legible characters, in the English language, upon the front of every such paper, if it be printed upon one side only, and upon the first and last leaf of every paper or book, if there be more than one such leaf, his name, and the name of the place, and if it be a town, of the street, or other part thereof, in which bis usual place of abode is situate.

■ ;®* Every person who prints for or in the expectation of hire,’gain, or profit, any paper, shall keep one copy at least of every such paper, and shall write or print thereon the name and the place of abode of the person-bywhom he has been employed to print the same and shall, immediately on publication* of 6very such book or paper, forward a copy thereof to the Registrar-General. 6. If any person shall sell, offer for sale, or gratuitously deliver, or offer to deliver, or leave in any public place, or otherwise expose to public view, any printed paper upon which the name and place of abode of the printer is not printed upon in the manner hereinbefore directed, or which a fictitious or false name or place of abode is so printed any person in whose presence any such act is done may seise and detain such first mentioned person, and may take him or deliver him to some constable or other peace officer, to be taken before a justice, that such justice may hear and determine whether the person So taken has been guilty of an offence against this Act. 7. If any Justice, from information upon oath, have reason to suspect that any printing press or types for printing is or are used, or kept for nse, without notice given, and certificate obtained, as hereinbefore required, or in any house or place nbt included in sueh notice and certificate, such Justice may by his warrant direct l any constable, or other peace officer,* with his assistants, if any, to enter,in the day-time into any such house, and search for any printing press or types for printing; and every such peace officer, with such assistance as aforesaid* may enter into'such house or place, in the . day-time, , accordingly,- and may . seize, take and carry away every printing press -found therein*and all.the types and otherartifelesthere, to belonging, and all printed papers found in such house or place.

8. In this Act the word “newspaper” shall include every paper or pamphlet, other than those hereinafter mentioned, containing any public news intelligence, or occurrence, or any remarks or observations thereon, or upon any political matter, and; for sale periodically or in parts, or numbers, at intervals not exceeding twenty-six days between the publication'of any two such papers or pamphlets, or parts or numbers, at a price of one shifting, or any less amount, but shall not include any document published in the course by the Government printer, or containing matter wholly of a commercial nature. 9. In any proceedings,' civil or criminal, against any printer, publisher, or proprietor, touching any paper or book printed, published, or dispersed by him, the imprint of the name and address of such printer, publisher, or proprietor upon such paper or book shall be prima facie evidence of the printing, publishing, or dispersing thereof by such printer, publisher, or proprietor, as the case may be, and the service of any legal notice,' summons writ, subpoena, rule, order, or process atthe housa or place mentioned in such imprint shall be deemed' a good and sufficient service thereof upon such printer, publisher, or proprietor, . 10- Where any person shall take any proceedings in the Supreme Court, for the discovery of the name of any person concerned in the property of, or in any newspaper as printer, publisher, or otherwise of any matter relating to the printing or publishing thereof, in order to enable him the more effectually to bring or carry on any action for damages by him alleged to have been sustained by reason of any libellous matter concerning him therein contained, the defendant shall not be permitted to plead or demur to such bill, but shall be compellable to make the discovery (hereby required ; but no such discovery shall be used for any purpose in any other proceeding than in which the discovery is made.

11. Prior to the publication of any newspaper, the printer and the publisher thereof respectively, together with two sufficient sureties, shall enter before and to the satisfaction of a judge of the Supreme Court, in the judicial district in which such newspaper is or is intended to be printed and published, or of some other person appointed by the Governor for that purpose, into a bond, himself in a sum of two hundred and fifty pounds, and his s ureties of a like sum, in the whole condition that such printer or publisher shall pay to her Majesty every fine or penalty that may at any time alter the date of such bond be inflicted upon him by reason of afiy conviction for printing or publishing any blasphemous or seditious libel in such newspaper; and conditioned also that such printer or publisher shall pay any damages and costs recovered is any action for libel published in such newspaper; and if any plaintiff in action for libel against any printer or publisher of any newspaper shall make it appear, by affidavit to any Judge of the Supreme Court, that he is entitled to have execution against the defendant upon any judgment in such action but, that he has not been able to procure satisfaction by writ of execution against the goods and chatties of such defendant, such judge may, for the benefit of such plaintiff, order and direct that such proceedings shall be had and taken on such bond as would be taken to obtain any fines or penalties due and secured thereby, but at the expense and cost of such plaintiff. _ 12. When any surety desires to withdraw from his bond, if he give notice in writing of his desire to the Registrar appointed hereunder, and to the person for whom he is surety, he shall not, after sixty days from the day on which the last of such notice has been served, be liable, upon any such bond, except for any penalty incurred before such day, and for which he would otherwise have been liable.

. 13. When any surety becomes insolvent, and the Colonial Secretary for New Zealand for the time being, by written notice, requires the person for whom such insolvent is surety, to renew his bond, or when any surety withdraws from his bond, the person for whom such surety has been bound, shall not print, or publish, any newspaper, unless or until he enter into a new bond with sufficient sureties, in the same manner, or to the same amount, as in the ease of his original bond. 14. If any person keep or use any printing press or types for printing, without having delivered the notice and received the certificate hereinbefore required, or if, after such delivery and receipt, he use any printing press or any typo for printing in any other place than the place expressed in such notice, he shall forfeit a sum of not less than five or more than twenty pounds. 15. If any person who prints any paper or book omit to print bis name and place of abode, as required by this Act, or if any person publish or disperse, or assist in publishing or dispersing, whether gratuitously or for money, or print any paper or book in which the name and place of abode of the printer thereof is not printed as aforesaid, every such person shall, for every such copy so published or dispersed by him, but not for more than twenty-five copies in the whole, forfeit a sum of not less than five, or more than twenty pounds.

16. If any person who prints for hire, gain, or profit any paper or book, neglect to write or print on a copy thereof the name and place of abode of his employer, or to keep such copy for six months next, after the printing thereof, or' refuse or neglect: to produce and show the same to any justice, who within, six months, may require to see the same, he shall forfeit a sum of not less than fire pounds, nor more than twenty pounds.

17. If any person wilfully print or publish any newspaper without haring entered, either originally or by way of renewal, into the bond required by this Act, he shall for every such offence forfeit the sum of not less than five or more than twenty pounds, and shall pay all reasonable costs and charges, only of prosecuting, but of discovering such offence. 18. If any person, not being the said registrar, or the proper authorised officer, shall give any certificate as aforesaid, and shall presume to certify any of the matters or things by this Act directed to be certified by such registrar, or which such registrar is hereby empowered or entrusted to certify and make before him, or if any registrar or officer shall knowingly and wilfully falsely certify that any copy of any affidavit is a true copy of the affidavit of which the same is certified to be such copy, the same not being such true copy, every person so offending shall forfeit the sum of one hundred pounds. 19. All penalties incurred under this Act may he recovered in a summary manner before two or more Justices of the peace of the colony, and one moiety of every penalty so recovered in respect of any offence against the first part of this Act shall bo for the use of the person who informs or sues for such penalty. 20. Nothingherein contained shall extend to the printing by letter press of the name or name and address or business or profession of any person, and of the articles in which he deals, or to any papers for the sale of estates or goods by auction or otherwise, or to any bank note, bill of exchange, or promissory note, or to any bond or other security for the payment of money, or to any bill of lading, policy of insurance, letter of attorney, deed, or agreement, or to any receipt for money ov goods, or to any warrant or proceeding in the Supreme Court, or in any inferior court, or to any papers printed by the authority of any department of Government. 21. No penalty incurred for any offence against the first part of this Act shall be recovered unless proceedings in respect thereof .be commenced within three months months after the time at which such penalty has been incurred ; and no proceedings shall be taken for the recovery of any penalty incurred for any offence against the second part of this Act, except with the consent of the Attorney-General or a Crown Solicitor. 22. This Act, except the third section, shall commence and come into operation on the first day of December next after the passing hereof, and not before ; and as to the third section, on passing hereof.

FIH3T SCHEDULE. 60 George 3, and 1 George 4, c.s. 11 George 4, and 1 William 4, c. 73. 6 and 7 William 4, o. 76. SECOND SCHEDULE. Form of notice to the Registrar of Printing Presses that the person giving the notice keeps a printing press and types for printing. To the Regittrar of Printing Presses. I, A. 8., of do hereby declare that I have a printing press and types for printing, which I purpose to use for printing within and which I require to be entered for that purpose, according to law. Witness my hand this day of 18 Signed in the presence of C.D. Form of certificate that notice has been given of a printing press and types for printing. I do hereby certify that A.B. of hath delivered to me a notice, in writing, appearing to bo signed by him, and attested by C. D. as a witness to his signing the same, that he the said A.B. has a printing press and types for printing, which he purposes to use for printing within and which he has required to be entered according to law. Witness my hand this day of W. H. A., • Registrar of Printing Presses.