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37 VICTORIA,

No. 478.

Not to affect

"The Land Act 1869."

(11.) Destroying or injuring or attempting to destroy or injure any pound:

(III.) Illegally impounding any cattle:

(IV.) Removing cattle from any one place to any other place for the purpose of impounding such cattle from such last-mentioned place:

(v.) Being in charge of or assisting in driving cattle and refusing to disclose or stating untruly the name and address of the owner of such cattle his agent or overseer on demand by any member of the police force or by or on behalf of any person upon whose land such cattle are trespassing:

(VI.) Driving cattle not his own without proper authority from the land of any other person without previous notice to such person his agent or overseer:

(VII.) Wilfully leaving open any gate or slip-panel or making a gap in any fence for the purpose of permitting or causing any cattle to trespass or otherwise wilfully causing any cattle to trespass:

(VIII.) Failing to comply with or committing any offence against the provisions of this Act not herein before provided for.

34. Nothing herein contained shall be deemed to affect "The Land Act 1869."

Section 10.

Section 22.

SCHEDULES.

FIRST SCHEDULE.

For every sheep the sum of one penny.

For every head of other cattle the sum of threepence.

For writing and delivering or sending by post any notice the sum of two shillings and sixpence.

For inserting any notice in the Government Gazette and a newspaper in addition to the actual cost of such insertion the sum of two shillings and sixpence.

SECOND SCHEDULE.

TABLES of Rates to be charged for the trespass of Cattle and their sustenance while impounded fixed by His Excellency the Governor in Council [or by the Council of the shire city or as the case may be].

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Impounded at [here state the place and the number and kind of cattle and where and how branded and the particular sex colour and descriptive marks of each and by whom impounded.]

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Short title and

An Act to Consolidate the Laws relating to the preventing the Printing and Publishing of Books and Papers by Persons not known and to the Printing and Publishing of Newspapers.

BE

[2nd June 1864.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall be called and may be cited as the "Printers division of Act. and Newspapers Registration Statute 1864;" and the sections thereof are arranged in Parts as follow:

Repeal of previous Acts.

Saving of exist

and proceedings. First Schedule.

Part I.-Registration of Printing Presses ss. 4-9.
Part II.-Registration of Newspapers ss. 10-21.
Part III.-Penalties ss. 22-29.

2. Except as hereinafter provided the Acts mentioned in the First Schedule hereto shall be and the same are hereby repealed.

3. Where before the commencement and coming into operation ing rights duties of this Act any offence has been wholly or partly committed against any of the Acts mentioned in such First Schedule, or any warrant or other instrument has been duly made or granted in respect of the same, or any affidavit has been sworn, or any recognizance has been entered into, or any right liability privilege or protection in respect of any matter or thing committed or done before the coming into operation of this Act has accrued or any action suit or other proceeding in respect of any such matter or thing has been commenced, every such offence shall be dealt with, and every penalty in respect of any such offence shall be recovered, and every such warrant or other instrument and every such affidavit and recognizance and every such right liability privilege or protection shall be of the same force and effect, and every such action suit or other proceeding shall be

prosecuted continued and defended, as if such Acts were not re- 27 VICTORIA, pealed.

PART I.-REGISTRATION OF PRINTING PRESSES.

No. 212.

4. Every person who has any printing press or types for print- Notice of press ing shall give to the Registrar-General a notice thereof in writing or types to be signed by him and attested by a witness; and such Registrar shall trar-General. file all such notices and shall give to the person giving such notice a s. 23. certificate; and such notice and certificate shall be in the form contained in the Second Schedule hereto or to the like effect.

39 Geo. III. c. 79

Second Schedule.

be printed on

2 & 3 Vict. c. 12

5. Every person who prints for publication or dispersion whether Printer's name to gratuitous or for money any paper or book shall print in legible every published characters, upon the front of every such paper if it be printed upon work. one side only and upon the first and the last leaf of every paper or 3.2. 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 his usual place of abode is situate.

record of em

6. Every person who prints for or in the expectation of hire Printer to keep gain or profit any paper shall keep one copy at least of every such ployer's name and paper, and shall write or print thereon the name and the place of address. abode of the person by whom he has been employed to print the 8. 29.

same.

or upon

39 Geo. III. c. 79

buting unauthen

7. If any person sell or offer for sale or gratuitously deliver or Persons distrioffer so to deliver or leave in any public place or otherwise expose ticated papers to public view any printed paper upon which the name and place of may be arrested. abode of the printer is not printed in the manner herein before directed which a fictitious or false name or place of abode is so printed, any person in whose presence any such act is done may seize 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 had been guilty of an offence against this Act.

for unregistered

8. If any justice from information upon oath have reason to Search warrant suspect that any printing press or types for printing is or are used may be granted or kept for use without notice given and certificate obtained as herein- presses. before required or in any house or place not included in such notice Ib. s. 33. and certificate, such justice may by his warrant direct any constable or other peace officer with his assistants (if any) to enter in the daytime 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 daytime accordingly; and may so seize take and carry away every printing press found therein and all the types and other articles thereto belonging and all printed papers found in such house or place.

provisions.

9. Nothing herein contained shall extend to the impression of Exemptions from any engraving; or to the printing by letterpress of the name or the the foregoing name and address or business or profession of any person and of the Ib. ss. 28 & 31. articles in which he deals; or to any papers for the sale of estates or 51 Geo. III. c. 65 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

8. 3.

No. 212.

27 VICTORIA, attorney deed or agreement; or to any receipt for money or 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.

Meaning of newspaper.

60 Geo. III. & Geo. IV. c. 9 s.

All newspapers

1

1.

PART II.-REGISTRATION OF NEWSPAPERS.

10. 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 published 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 sixpence or any less amount; but shall not include any document published in the course of his duty by the Government Printer or containing only matter wholly of a commercial nature.

11. No person shall print or publish any newspaper, unless and to be subject to until the affidavits have been registered and the recognizances entered into that are hereinafter directed.

this Act.

Affidavits of publication to be registered.

12. When any person desires to publish any newspaper or when in any newspaper already registered any change is at any time made in any of the particulars hereby required to be stated respecting the same, or upon a written requisition from the Chief Secretary, the publisher of such newspaper shall deposit with the Registrar-General an affidavit duly sworn and signed by the proprietors thereof and by the persons intended to be the printer and the publisher thereof respectively; and such affidavit shall be in the form or as near thereto as may be and shall contain the statements specified in the Third Schedule. Third Schedule hereto.

Affidavit conclusive evidence of its statements.

Disclaiming

affidavit to be registered.

Register of affida

public.

13. In all proceedings civil or criminal touching any such newspaper or anything therein contained, such affidavit shall be conclusive evidence as against every person signing the same of the truth of all such matters as in accordance with this Act are therein set forth.

14. When any person has made any such affidavit as aforesaid, if he deposit with the Registrar-General an affidavit stating that he is no longer connected with the newspaper in the capacity set forth in such first-mentioned affidavit, he shall not from the date on which he has deposited the same be taken by reason of such first-mentioned affidavit only to be connected with such newspaper.

15. The Registrar-General shall cause to be registered all affivits open to the davits and recognizances deposited with him under this Act; and such register shall at all reasonable times be open without charge to public inspection.

Names of printer

paper

16. Every newspaper shall contain printed in some convenient and publisher of part thereof the true name addition and place of abode of its printer printed therein. and its publisher and a true description of the place where the newspaper is printed; and the omission of the same or of any part thereof shall be prima facie evidence of wilful default against any such printer or publisher.

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