SPAIN. THE annexed list indicates the various laws which deal with the Press in Spain. It has not been thought necessary to translate and print them at length, as they are very seldom resorted to either by private individuals or by the Government. LIST. Law dealing with the Press, passed on the 26th July, 1883, and published in the "Gaceta " on the 30th of the same month. The Press is also affected by Articles 203, 457, 582 and 583 of the Penal Code and Articles 816 to 823 of the Criminal Law. Various Laws, Royal Decrees and Royal Orders have been passed recently, giving certain advantages to the Press, and regulating price, size and days of publication. Law of the 29th July, 1918, published in "Gaceta" of the 31st July, 1918 (Anticipo Reintegrable). Royal Decree of the 26th September, 1916. Royal Decree of the 12th July, 1917. Royal Decree of the 27th March, 1918. Royal Decree of the 15th January, 1920 (Descanso Dominical}, "Gaceta" of the 19th January, 1920. Royal Order, of the 13th June, 1920 (dealing with price and size of newspapers) Gaceta " of the 14th June, 1920. Royal Order, of the 16th July, 1920 (dealing with price and size of newspapers), "Gaceta" of the 19th July, 1920. SWEDEN. SUBSEQUENT PRESS LAW DATED OREBRO, JULY 16, 1812, WITH PARAGRAPH 1. 1. All laws, enactments and regulations previously in force with respect to liberty of the Press or trade in books shall hereby be revoked, and consequently also all special prohibitions hitherto issued against the publication of certain books, writings and documents. No person shall be liable to prosecution for the contents of printed writing in any other manner or in any other cases than is prescribed in the present law. The term "writing" in the present law shall be understood to mean all that is laid before the public in print. The term "periodical publication" shall mean a publication issued in a series of numbers, or at fixed intervals. 2. There shall be no censorship of writings previous to publication, nor any prohibition against the printing thereof. Nor shall a printer, publisher or author be required to produce any writing previous to its publication; nor shall any control over printing establishments, authors or publishers which may impede printing or publication, be permitted. Provided that schools shall retain their former rights to examine and approve treatises which are to be publicly defended in their halls. 3. With respect to copyright, the provisions of a special law enacted in the manner prescribed in paragraph 87 of the Constitution shall be applicable. Monopolies for the publication of writings may not be granted hereafter; provided that the Crown shall be at liberty to renew for a period or successive periods not exceeding twenty years monopolies already granted with the object of maintaining public institutions. 4. Publishers of daily papers or periodical publications shall notify the Minister of Justice, stating the title of their publication and the place where it is printed. Provided that the applicant has not been declared unworthy to plead the cause of others," the Minister of Justice is entitled to issue a certificate to the effect that there is no impediment to the issue of the publication. 5. Charters for printing establishments shall not be required; any person shall be at liberty, irrespective of any special ordinance, charters of older date, or any statutes relating to printing establishments, and without being subject to any guild rules, to set up a printing establishment of whatever kind or extent he may think fit, in a city or within a distance therefrom of not more than three miles, or in a country town. When a printer's establishment is set up at a place falling under the jurisdiction of a County Court, printers, printers' hands, as well as the authors and publishers of matter printed at the establishment, shall be subject to the jurisdiction of the Municipal Court in the city where the County Government has its seat, in all causes relating to the printing. Any person who sets up a new printing establishment must give notice thereof not later than a fortnight prior to the issue thence of any publication, to the Board of Magistrates in the city where the printing establishment is to be set up, or to the jurisdiction of which he will be subject in the capacity of printer, and also to the County Governor. Where a printing establishment changes hands, it is incumbent on the new owner to give notice as above stated prior to the issue of any publication. In both cases it devolves on the County Governor, after having received due notice, forthwith, or by the first opportunity, to inform the Minister of Justice. If a printing establishment is set up or taken over without previous notice, the printer shall be liable to a fine of 100 crowns. If any publication of a criminal nature is issued from a printing establishment the erection of which has not been duly notified, the printer shall be liable to the same extent as the author for the matter and character of the publication. 6. An author shall not be under obligation to have his name. placed in a printed publication. Whether he desires to remain. unknown or not, it shall be incumbent on him to deliver to the printer a sealed paper containing his name and place of residence, attested by two Swedish subjects resident in Sweden and well known in the locality, who shall be liable in place of the author in case the publication should be prosecuted within the prescribed time, and if the author's name and residence were found to have been falsely stated, or to have been omitted, or else if the author failed to enter an appearance before the Court without valid reason. If a printer divulges the name and domicile of an author, except where legally enjoined to do so by a Judge, he shall be laible to a fine of 300 crowns and his offence shall be gazetted. 7. Any person who publishes a work of a foreigner or a translation thereof, or of a Swede who has not stated his name, shall in all cases have the same rights, duties, and responsibilities as an author, except where otherwise provided in the present law. Publishers of daily papers and periodicals shall invariably be regarded as authors in respect of liability, it being, moreover, incumbent on them to comply with the further conditions enacted in the present law in regard to the publication thereof. 8. On the institution of legal proceedings a printer shall be under obligation to submit to the Court the sealed paper containing the name of the author. Otherwise, he shall be liable as an author, unless the author of his own accord discloses his name to the Judge. If the suit relates to a daily paper or periodical, the name of the publisher, on the basis of the notification herein before prescribed, shall be communicated by the Minister of Justice. The Judge shall have the right immediately to open the sealed paper containing the author's name, and to summon before the Court the party whose name has thus been disclosed. If on the termination of the suit, the Judge should find that the prosecutor had instituted legal proceedings without cause, thereby occasioning the opening of the sealed paper containing the author's name, the prosecutor shall be liable to a fine of 150 crowns. If a printer, without the permission of the author or publisher, has printed the latter's name on a publication, he shall be sentenced to imprisonment for a term cf not less than two months and not exceeding one year. 9. If any person prints on a publication a fraudulent title-page, or a false name of author or publisher, he shall be sentenced to penal servitude for a term of not less than six months and not exceeding two years. Nothing in this clause shall prevent the printing on the title-page of a fictitious name, not designating any actual person, provided that a sealed paper containing the author's real name has been delivered. 10. The name of the printer, the place of printing and the year, shall be set out on every publication. If a printer should neglect to do so, he shall be liable to a fine of not less than 75 and not exceeding 750 crowns, or to a term of imprisonment not exceeding six months. If any person prints on a publication a false name of the printer or a wrong place of printing, he shall be liable, in addition, to penal servitude for a term of not less than two months. and not exceeding one year. The above provisions regarding the printing of name and place shall not be applicable to notices, letters of condolence, forms, job printing, and the like. 11. In addition to the copy referred to in paragraph 4, clause 2, the printer shall be under obligation to deliver free of charge to the Royal Library and to each of the two Swedish Universities a complete and flawless copy, with any accompanying plates, of every work or edition printed at his establishment. The aforesaid copies shall be delivered before the end of the month of June in the year immediately following the year of publication. Any printer who neglects so to do shall be liable to a fine of 37 crowns 50 öre, and shall be under obligation to deliver the prescribed copies within a further appointed period, subject to the same penalties. 12. Nothing shall prevent the carrying on of a bookseller's business, nor the publication for sale of any writing, whether Swedish or foreign. Any author or publisher shall be at liberty to sell either personally or through others any publication belonging to him in such capacity: and there shall be no other hindrances to the sale of a publication except those laid down in paragraph 4 of this law. If any person sells a publication on which the printer's name, place of printing, or year are not set out, he shall be liable to a fine of 75 crowns for each offence, and shall, moreover, assume the liability of the author, in case the publication is prosecuted and the printer or author cannot be found. PARAGRAPH 2. 1. In conformity with the above-stated fundamental principles, any author shall be at liberty, subject to the reservations made hereinbelow in paragraph 3, to express his thoughts in print on anything that is or may be the subject of human knowledge. 2. The manner in which an author writes on any particular matter shall be left to his own choice, subject to liability, as stated below, if it is of an infamous or defamatory character. 3. Any author or publisher shall be at liberty, in compliance with paragraph 1, Clauses 3, 4 and 9, to publish writings of any form, extent or character whatsoever, provided that he does not infringe the copyright of others. 4. In virtue of the provisions of Clause 1 of this paragraph, it shall, moreover, be expressly permitted, with the exceptions and subject to the conditions set forth hereinbelow, for anyone to publish the following: All documents, minutes and decisions relating to lawsuits and other public matters, of whatever denomination and character, whether concerned with the past or with suits which occur hereafter, whether before the Committee of Impeachment. Supreme Court of Justice, the Government Court, the Law Council, the Lower Court of Chancery, Upper and Lower Courts, Colleges, Committees, Directorates, Commissions, Administrations, County Governors, Consistories, Sheriff's Offices, or other public offices, irrespective of whether the suit is of civil, criminal, financial, military or ecclesiastical character; further, all instructions, constitutions, rules, statutes, ordinances, privileges, rescripts and public enact ments, whether formerly, now, or hereinafter in force, irrespective of the source of issue, as well as all the reports of the aforesaid. Higher and Lower Courts, Colleges, Government Offices, Public Corporations, and of higher and lower officials; finally, all memorandums, applications, proposals, reports, petitions, of societies and Government Offices, as well as decisions thereon and replies thereto, in so far as concerns the action of higher officials. and Government Offices. For the purposes referred to above, all such documents concerning Law Courts or other above-mentioned offices should be submitted without any delay, against a fee, to any person so demanding, whether he is concerned in the action or not; refusal or undue delay on the part of an official shall be punishable as "negligence in discharge of public duties." Moreover, subject to the same penalties, officials in charge of archives shall give free access to anyone to copy, or to cause to be copied, on the spot any kind of document on any subject whatsoever, or, should this entail considerable inconvenience, to obtain an attested copy thereof against the proper fee. The following exceptions from the above permission shall be rigorously observed : Minutes referring to ministerial business or military orders brought before the King, or the minutes and documents of the Cabinet, or the minutes of the Estates of the Realm, or of the Foreign Affairs Committee, or of the Constitution Committee (of the Riksdag) concerning the Cabinet, or of the National Debt Office, or of the Bank and State Committees, or of the auditors of the National Debt Office concerning the secret affairs of that office, may not be demanded for printing purposes before the lapse of fifty years after the date of the minutes or documents, nor be obtained without the permission of the proper authorities. If such documents are issued in print before the lapse of the aforesaid period, without the permission of the proper authorities, the publisher thereof, if the documents had been confided to his charge under obligation to keep them secret, shall be liable to a penalty under Common Law and special regulations. Should any other person do so, he shall be liable to a fine of 150 crowns or more, according to the nature of the offence. The same penalty shall be incurred by a person who unlawfully publishes the aforesaid documents, if they had been confided to his charge, but without express obligation under severe penalty, not to make them public. No ministerial documents, nor private records of diplomatic officers, nor reports on Cabinet business concerned with a later period than at least fifty years back, may be published, nor delivered for publication, without the permission of the Government; nor may private letters, unless they are required for the purpose of legal proceedings, nor papers and documents deposited in public charge, be published or delivered without the consent of the persons whom they concern, or to whom they belong. Offenders shall be liable to a penalty of 50 crowns. Plans of mobilisation for the Army and Navy, plans for their |