Page:Encyclopædia Britannica, Ninth Edition, v. 19.djvu/735

Rh PRESS LAWS 711 constitutions of foreign states. Its legal aspect in England cannot be better expressed than in the words of Lord Wynford : &quot; My opinion of the liberty of the press is that every man ought to be permitted to instruct his fellow - subjects ; that every man may fearlessly advance any new doctrines, provided he does so with Itroper respect to the religion l and government of the country ; that ic may point out errors in the measures of public men, but he must not impute criminal conduct to them. The liberty of the press cannot be carried to this extent without violating another equally sacred right, the right of character. This light can only be attacked in a court of justice, where the party attacked has a fair opportunity of defending himself. Where vituperation begins, the liberty of the press ends &quot; (Rex v. Burdett, Barnewall and Alderson s Reports, iv. 132). The few existing restrictions on the liberty of the press are presumed to be imposed for the public benefit. They are in some cases of great historical interest. The rights of private persons are in general sufficiently protected in one direction by the law of LIBEL (q.v.}, in another by the law of COPYRIGHT (g.v.), while the criminal law provides for the cases of press offences against morality, public justice, &c. Thus the courts have power to punish sum marily as a contempt the publication of comments upon proceedings sub judice or reflexions upon the conduct of judicial officers. (See CONTEMPT OF COURT.) The last relic of the censorship before publication is to be found in the licensing of stage plays. By 6 and 7 Viet. c. 68 no new plays or additions to old plays can be acted for hire at any theatre in Great Britain until they have been sub mitted to the lord chamberlain, who may forbid any play or any part of a play. The penalty for acting a play before it has been allowed or after it has been disallowed is a sum not exceeding 50 for every offence and the for feiture of the licence of the theatre in which the offence occurred. This jurisdiction is exercised by an official of the lord chamberlain s department called the &quot; examiner of stage plays.&quot; The last relic of the monopoly of print ing formerly granted to licensees of the crown is found in the exclusive right of the queen s printer and the univer sities of Oxford and Cambridge to print the Bible 2 and the Book of Common Prayer, and of the queen s printer to print Acts of parliament and other state documents. The privileges of the universities are confirmed by 13 Eliz. c. 29. The rights of the queen s printer are protected by severe penalties. A maximum term of seven years penal servitude is incurred by any person who prints any Act of parliament or other Government document, falsely pur porting to be printed by the queen s printer or under the authority of Her Majesty s stationery office (8 and 9 Viet, c. 113 ; 45 Viet. c. 9). The rights of the printers of the journals of either House of parliament are protected by 8 and 9 Viet. c. 113. The publication of parliamentary debates in any form by any other persons than the printers of the journals of the two Houses is still in theory a breach of privilege, but in practice they have been fully reported since 1771. The other restrictions upon the press are to a great extent those imposed for police purposes. By 32 and 33 Viet. c. 24 (confirming in part previous enactments applying to Great Britain) the printer of any paper or book for profit is required under penalties to print thereon his name and address or the name of a university press, and is to keep a copy of everything printed, with a few exceptions. Penalties must be sued for within three months, and no proceeding for penalties can be commenced 1 Tliis is to be read subject to the remark of Lord Coleridge that the application of the principles of law is to be changed with the changing circumstances of the time (Reg. v. Ramsay, in Cox s Criminal Cases, xv. 235). What was blasphemous in law a hundred years ago is not necessarily so now. 2 The monopoly of the queen s printer does not extend to any trans lation other than the authorized version, and not to that if it be accompanied by new notes or marginal readings. unless in the name of the attorney -general or solicitor- ^eneral of England or the lord advocate of Scotland. By
 * he Newspaper Libel and Registration Act, 1881 (44 and

45 Viet. c. 60, which applies to England and Ireland, out not to Scotland), newspaper proprietors are, except in the case of joint-stock companies, to be registered and &amp;gt;laces of business, and places of residence. By the Corrupt Practices Prevention Acts, 1883 and 1884 (46 and 47 Viet. c. 51, s. 18, and 47 and 48 Viet. c. 70, s. 14), the name and address of the printer must be printed on all bills, placards, &c., referring to a parliamentary or muni- ipal election. By 6 and 7 Viet. c. 68, s. 7, the name and place of abode of a manager of a theatre are to be printed on every play-bill announcing a representation at such theatre. Offences against decency by the press are provided for by 20 and 21 Viet. c. 83, 25 and 26 Viet. . 101, s. 251 (for Scotland), and 2 and 3 Viet. c. 47, s. 54 (for the metropolis). The importation of obscene literature into the United Kingdom is forbidden by 39 and 40 Viet. c. 36, s. 42. By the Larceny Act, 1861, any person who prints or publishes an advertisement offering a reward for the return of stolen goods with out questions asked is subject to a penalty (24 and 25 Viet. c. 96, s. 102). This penalty cannot, however, be sued for without the sanction of the attorney- general or solicitor-general of England or Ireland (33 and 34 Viet, c. 65). The advertisement in the United Kingdom of foreign or illegal lotteries is prohibited by 6 and 7 Will. IV. c. 66, betting advertisements by 16 and 17 Viet. c. 119, s. 7, and 37 Viet. c. 15. The right of an author or publisher to the full profits of his undertaking was at one time restricted by the Copy right Act of Anne (8 Anne, c. 19, s. 4), by which the arch bishop of Canterbury and other authorities were empowered to lower the price of a book upon complaint that the price was unreasonable. The only restriction of the kind now existing is the obligation of delivering (without request) to the British Museum a copy of any work published within the United Kingdom, and of delivering (on request) copies for the use of the university libraries at Oxford and Cambridge, the library of the faculty of advocates at Edinburgh, and the library of Trinity College, Dublin (5 and 6 Viet. c. 45, ss. 6-10). Scotland. Printing became, as in England, a royal monopoly. The exclusive right of printing was granted by James IV. to Walter Chepman, who printed the first book in Scotland. The monopoly of printing Acts of the Scottish parliament was granted by James V. to the printer chosen by the clerk register and specially licensed by the king (1540, c. 127). Printers are forbidden by 1551, c. 27, to print, whether in Latin or English, without licence from ordinaries deputed in that behalf by the crown. No book treating of religion or of the kirk was to be printed without a licence from the general assembly (1646, c. 164), or of the kingdom without a licence from one of the judges or the secretary (c. 165). The council were empowered to prohibit presses at their discretion by the order of 30th March 1655. The importation of &quot;famous&quot; books and libels in defence of the pope was prohibited by 1581, c. 106. Press offences were treated with the utmost severity. By 1585, c. 1, the author of a libellous writing against the king was punishable with death. It is scarcely neces sary to say that since the Union the press of Scotland has enjoyed no less liberty than that of England. In the case of Bibles, Old and New Testaments, Psalm Books, the Book of Common Prayer, the Confession of Faith, and the Larger and Shorter Catechisms a licence for printing is still required. The licensing authority is
 * o make annual returns of the title of the newspaper and
 * he names of all the proprietors, with their occupations,