make a great variety of regulations, calculated to limit the number and to ensure the safety and accommodation of the passengers, but too numerous and too specific in their nature to be conveniently detailed on the present occasion (y); and the Acts extend moreover the general provisions which they contain, subject to such variations as the case may require, to colonial voyages-that is, voyages of more than four hundred miles, or three days, from any place within any of her Majesty's possessions abroad, except Hong Kong and the territories belonging, at the date of the Passengers Act, 1855, to the East India Company (z). They enact, also, that the master of every ship bringing passengers into the united kingdom, from any place out of Europe, and not within the Mediterranean Sea, shall twenty-four hours after arrival, deliver to the proper authority a correct list, under his signature, specifying the names, ages and callings of all the passengers embarked, and the ports from whence they came; and which of them (if any) have died, (with the supposed cause of death,) or have been born, during the voyage: and, if the master shall fail to deliver such list or it be wilfully false, he incurs a penalty not exceeding 501. (a). Moreover, if any ship bringing passengers into the united kingdom from any place out of Europe, shall have on board a greater number of passengers or persons than in the proportions respectively comprised in the Acts for carrying passengers from the united kingdom, the master shall be liable to such pecuniary penalties as therein particularly set forth (b).

(y) 18 & 19 Vict. c. 119, ss. 13 -94. By 33 & 34 Vict. c. 95, is authorized the carriage of naval and military stores in passenger ships.

(z) 18 & 19 Vict. c. 119, ss. 95, 99. With respect to any vessel plying between ports in Austra

lasia, regulations as to the proper number of passengers may be made by the governor of the colony, from which such vessel shall proceed. (24 & 25 Vict. c. 52.)

(a) 18 & 19 Vict. c. 119, s. 100. (b) Sect. 101.

Lastly, we may notice that by the 25 & 26 Vict. c. 63, s. 5, it is enacted, that every steam-ship which is required by the 17 & 18 Vict. c. 104, to have a master possessing a certificate from the Board of Trade (c), shall also have an engineer or engineers possessing a certificate from the same Board (d).

(c) Vide sup. p. 151.

(d) See 25 & 26 Vict. c. 63, ss. 5 -12, 23, 24.

CHAPTER XI.

OF THE LAWS RELATING TO THE PRESS.

THE law of property in books and other publications has been already discussed under the head of copyright, in that part of our work in which the right to that species of property fell under consideration (a). Our attention will now therefore only be directed to the law which relates to the means of publication-in other words, to the press.

This mighty engine for good or for evil is one that in its nature requires to be kept under some restraint, while it is perhaps even yet more essential that the restraint should not be carried so far as to preclude a reasonable liberty of discussion. In this country no censorship is exercised over the press (b): yet its excesses are held in check by restrictive provisions, the general object of which is to ascertain in every instance by whom publications are printed; so as to make the publisher amenable, whenever the case so requires, to the civil remedy of injured parties, or to the correction of criminal justice (c).

(a) Vide sup. vol. II. p. 34.

(b) The censorship of the press, which under some form or other had existed with intermissions from the time of Hen. 8, came to an end in the reign of Will. 3, by the expiration of an Act then in force. See Lord Macaulay's History of England, vol. i. p. 167.

(c) See the Queen v. Hicklin, Law Rep., 3 Q. B. 360. It may be

remarked here that the offence of libel may be prosecuted either by indictment or criminal information; but, as regards defamatory libels, an information will not be granted by the Queen's Bench unless the person applying for leave to file the same makes an affidavit pointedly asserting his innocence of the charge. (4 Bl. Com. 451, n. by Christian.)

The regulations now in force which concern this subject are to be found in the 32 & 33 Vict. c. 24 and the schedules thereto annexed (d). According to these, every person who shall print "any paper" for hire, reward, gain or profit shall (under a penalty of the sum of 201. for every omission,) carefully preserve a copy of the same; and shall write or print thereon, in fair and legible characters, the name and place of abode of his employer; and shall produce such copy to any justice who, within the space of six calendar months, shall demand a sight thereof.

It is moreover provided that every person who shall print any paper or book whatsoever, for publication or dispersion, must print upon the front thereof (if the same be printed upon one side only), or upon the first or last leaf of every paper or book consisting of more than one leaf, in legible characters, his name and usual place of abode or business; and that every person who shall print, publish or disperse, or assist in publishing or dispersing, any paper or book printed without such particulars, shall, for every copy so printed, forfeit a sum not exceeding 5l.; and it is further enacted, that in the case of books or papers printed at the University Press of Oxford or the Pitt Press of Cambridge, the printer, instead of printing his name thereon, shall print the following words, "Printed at the University Press, Oxford," or "The Pitt Press, Cambridge," as the case may be (e). But no action or proceeding in any court or before any justice of the peace can be commenced under these provisions, except in the name of the attorney-general or solicitor-general.

It is, however, to be observed, that the above provision with respect to the printer's name and place of abode does not extend to any papers printed by the authority and

(d) The second schedule of this Act re-enacts certain of the enactments on this subject which are contained in 39 Geo. 3, c. 79; 51 Geo. 3, c. 65; 6 & 7 Will. 4, c. 76; 2 & 3 Vict. c. 12, and 9 & 10 Vict. c. 33.

The first schedule repeals certain other provisions of those statutes.

(e) See Bensley v. Bignold, 5 B. & A. 335; Marchant v. Evans, 2 Moore, 14.

for the use of either House of Parliament (f). Nor does it extend to any bank note or security for payment of money, bill of lading, policy of insurance, letter of attorney, deed or agreement, transfer or assignment of public stock or securities, or dividend warrant thereon; or to any receipt for money or goods; or to any proceedings in any court of law or equity;-notwithstanding the whole or any part of the said securities, instruments and matters aforesaid shall be printed (g).

(f) 32 & 33 Vict. c. 24, sched. II., re-enacting 39 Geo. 3, c. 79, s. 28, and 51 Geo. 3, c. 65, s. 3.

(g) Ibid. By this Act of 32 & 33 Vict. c. 24, are repealed the regulations which existed at its date in reference to printing and publishing newspapers and pamphlets, and which were contained in 60 Geo, 3 & 1 Geo. 4, c. 9; 11 Geo. 4 & 1 Will. 4, c. 73, and 6 & 7 Will. 4,

c. 76. As to the transmission of newspapers and other periodical productions through the post, see 18 Vict. c. 27, and sup. vol. II. p. 570. See also 34 & 35 Vict. c. 103, s. 29, providing that no proceedings shall be taken on bonds which had been executed under the provisions of 60 Geo. 3 & 1 Geo. 4, c. 9, prior to their repeal by 32 & 33 Vict. c. 24.