fendant's office

c. 76 s. 8.

17. In any proceedings civil or criminal touching any news-27 VICTORIA, paper or anything therein contained against any person who has No. 212. made any such affidavit as aforesaid, if any such affidavit or a cer- Proof of purchase tified copy thereof be produced in evidence and if a newspaper be so of paper at deproduced intituled in the same manner as the newspaper mentioned dispensed with. in such affidavit or copy and in which the names of the printers and 6 & 7 Will. IV. publishers and the place of printing are the same as the names of the printers and publishers and the place of printing mentioned in such affidavit or copy, it shall not be necessary to prove that the newspaper to which such trial relates was purchased at any house shop or office belonging to or occupied by the defendant or his servants or where he or they severally carry on the business of printing and publishing or where the same is severally sold.

18. Where any person files a bill in the Supreme Court for the Bill of discovery discovery of the name of any person concerned in the property in cases of libel of or in newspapers. in any newspaper as printer publisher or otherwise of any matter 6 & 7 will. IV. relating to the printing or publishing thereof in order to enable him . 76 s. 19. 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 thereby required. But no such discovery shall be used for any purpose in any other proceeding than that in which the discovery is made.

lishers of newspapers to enter

zances with

Geo. IV. c. 9 s. 8.

19. Prior to the publication of any newspaper, the printer and Printers or pubthe publisher thereof respectively together with two sufficient sureties shall enter before and to the satisfaction of a judge of the into recogniSupreme Court or of the police magistrate of the district in which sureties. such newspaper is or is intended to be printed and published or of 60 Geo. III. & 1 some other person appointed by the Governor for that purpose into a recognizance himself in a sum of three hundred pounds and his sureties in a like sum in the whole, conditioned that such printer or publisher shall pay to Her Majesty every fine or penalty that may at any time after the date of such recognizance be inflicted upon him by reason of any conviction for printing or publishing any blasphemous or seditious libel in such newspaper; and the person taking such recognizance shall forthwith transmit the same to the RegistrarGeneral.

Ib. s. 9.

20. When any surety desires to withdraw from his recognizance voluntary withif he give notice in writing of his desire to the Registrar-General drawal of surety. and to the person for whom he is surety, he shall not after twenty days from the day on which the last of such notices has been served be liable upon any such recognizances except for any penalty incurred before such day and for which he would otherwise have been liable.

Ib.

21. When any surety becomes insolvent and the Chief Secre- Renewal of retary by a written notice requires the person for whom such insolvent cognizances. is surety to renew his recognizance, or when any surety withdraws from his recognizance, the person for whom such surety has been bound shall not print or publish any newspaper unless and until he enter into a new recognizance with sufficient sureties in the same manner and to the same amount as in the case of his original recognizance.

27 VICTORIA, No. 212.

Penalty for un

registered printing.

PART III-PENALTIES.

22. 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 39 Geo. III. c. 79 he use any printing press or any type 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.

s. 23.

Penalty for omis

name.

sion of printer's 2 & 3 Vict. c. 12

8. 2.

Penalty on printer for not record

ing employer's

name.

39 Geo. III. c. 79 8. 29.

Penalty for unregistered newspaper.

Penalty for pub

paper without

proper recog

nizance.

23. If any person who prints any paper or book omit to print therein his 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 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 and not more than twenty pounds.

24. 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 such six months may require to see the same, he shall forfeit a sum of not less than five pounds and not more than twenty pounds. .

25. If any person wilfully sell or deliver out or wilfully (print or publish any newspaper in respect to which the affidavit required by this Act has not been registered either originally or as often as this Act requires, or wilfully print or publish any newspaper without causing to be printed in such newspaper the name by this Act required to be printed, he shall for every such offence forfeit a sum of not less than twenty-five or more than one hundred pounds.

26. If any person wilfully print or publish any newspaper lication of news without having entered either originally or by way of renewal into the recognizance 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 not only of prosecuting but of discovering such offence.

Recovery and application of penalties.

Restrictions upon

27. All penalties incurred under this Act may be recovered if they amount to or exceed twenty pounds by action of debt in the Supreme Court; or if they be less than twenty pounds in a summary manner before justices. And one moiety of every penalty so recovered in respect of every offence against the First Part of this Act shall be for the use of the person who informs or sues for such penalty.

28. No penalty incurred for any offence against the First Part legal proceedings. of this Act shall be recovered unless proceedings in respect thereof be commenced within three 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 in the name of some law officer.

Commencement of this Act.

29. This Act shall commence and come into operation on the first day of January next after the passing hereof and not before.

1865

FORM OF NOTICE TO THE REGISTRAR-GENERAL THAT THE PERSON GIVING THE NOTICE
KEEPS A PRINTING PRESS AND TYPES FOR PRINTING.

To the Registrar-General.

I A.B. 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 Signed in the presence of C.D.

18

Section 4.

27 VICTORIA,

No. 212.

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 be 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.

1. A.B. and C.D. propose to carry on the business of vending a newspaper
named the
and are the proprietors thereof.

2. The intended printer of the said newspaper is E.F. of

3. The intended publisher of the same is G.H. of

4. The intended place of printing the same is

5. The above-mentioned names additions and places of abode and descriptions of premises are the true and real names additions and places of abode and descriptions of the several persons to whom and of the premises to which they respectively refer.

An Act to provide for the incorporation and go- 33 VICTORIA, vernment of the Public Library Museums and

ВЕ

National Gallery of Victoria.

[29th December 1869.]

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

No. 357.

1. This Act shall be called and may be cited as the "Library Short title. Museums and National Gallery Act."

Governor in

2. For the government of the Public Library Museums and Trustees to be National Gallery of Victoria there shall be not less than fifteen appointed by trustees, who shall from time to time be appointed and removed by Council. the Governor in Council: Provided that the present trustees of the Melbourne Public Library shall be appointed under this Act.

poration.

3. The trustees so appointed under the provisions and for the Trustees a corpurposes of this Act shall be a body politic and corporate by the name of "The Trustees of the Public Library Museum and National Gallery of Victoria" and shall by that name have perpetual succession, and shall adopt and have a common seal, and shall by the same name sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places whatsoever and shall have power to compound or to prove in any competent court all debts due to them.

corporation:

tain lands.

4. From and after the passing of this Act all the parcels of land Lands vested in described in the schedule hereunto annexed, and now vested in the P trustees of the Melbourne Public Library shall be vested in the &c. sell &c. certrustees under this Act and such trustees shall have power and be capable in law to take purchase and hold lands tenements and hereditaments of all kinds whatsoever and wheresoever situate and as regards all such lands tenements and hereditaments not included in such schedule shall have power and be capable in law to sell exchange grant demise let or otherwise dispose of the same or any part thereof: Provided that it shall not be lawful for the trustees so to Proviso. alienate or otherwise dispose of such lands tenements or hereditaments unless with the approval of the Governor in Council nor to demise or let any part thereof except by lease for any term not exceeding ten years from the time when such lease shall be executed, by which there shall be reserved during the term the highest rent which can be obtained for the same without fine.

vested in the

purchase &c. &c.

5. From and after the passing of this Act all the books works Personal property of art goods chattels and effects now in the possession of the trustees trustees. of the Melbourne Public Library and the industrial collections now Power to hold in the buildings known as the Exhibition buildings, and the books personal property. works of art collection of objects of natural history now in the building known as the National Museum and all the goods chattels and effects therein save and except any the property of the University of Melbourne and also any portion of such collection which may be in the buildings of the University shall be vested in the trustees