The Express.
London, England, 1851-12-02 00:00:00

in parts or numbers, or at intervals not exceeding 2G days
between the publication of any two such pamphlets, parte,
or numbers, where any of the said pamphlets or papers,
parts or numbers respectively, shall not exceed two sheets,
or shall be published for sale for a less sum than 6i., meal-
sively of the duty by this act imposed thereon, shall be
deemed and taken to be newspapers within the true intent
and meaning of the statute 68 Geo. 111., c. 78, and ether
statutes, including 5-5 Geo. 111., e. 18.. I cannot suppose ,
that an enactment clearly meant to extend the limits of
taxation should be introduced into this act, 6 and 7 ;
Wm. IV., for purposes of narrowing them, especially
after another clause, which extends the tax to
papers containing only or principally advertisements,
nor does the language used bear that construction.
The words used arc, " and also any paper, &e." A news
paper is therefore net merely a paper containing public
news, &c., printed to be dispersed and made public, an in-
definite term, which cannot mean either exclusively news
or any news, for the reasons before given. Ana therefore I
think any paper containing any public news, intelligence,
or occurrenie, or any remarks or observations thereon,
print el fur sale, though its main or general object may not
be to give intelligence of recent events, and though it may
not be to be dispersed and made public after the usual
manner of newspapers, or within the meaning of those terms,
provided it be published periodical's or in numbers, at in-
tervals nut exceeding 26 days, where any of the parts or
numbers shall be testa sheets or leas, ur shall be published
for sale for less than 61. The object clearly was to extend
the duty to some other publications than those telling
within the first clause. These enactments thus read toge-
ther are clear enough, and perfectly consistent. Three de-
scriptions of publications are newspapers. First, a paper
w ho+e main object is to give news or intelligence of recent
events, and which is printed to be ilieperstal unit made public.
Secondly, any paper printed weekly or uftencr, or at intervals
not exceeding 26 days, cant iiniag only or principally ad-
vertisements. Thirdly, any paper which contains any news,
intelligence or occurrences, or any remark+ or observations
thereon, :hough its chief inject be nut the giving of news,
of recent events to the public, or any remarks on such
sew., if it is printed fur sale and published is any way,
provided sueli publication is at intervals of 26 days or less,
and if such paper iv two sheets, or leas, or if each paper is
published for sale at lees than Cd., and though such publi-
cation may possibly nut he construed to be a dispension and
making public, in the say that a paper is, whose main uta-
ketis to give public news. The publication in tint *non is
not within the last clause, because published at greater in-
tervals than 26 days, but it is within the first, beam.° its
general object is to give the public intelligence of recent
occurrences, and is therefure liable to the 'lady. But it is
said that the word " mat" is indefinite, and that the legis-
lature could not have intended 4. lease tilt- term nada:tined,
and that the most reasonable construction is that the legis-
lature intended to define, not by pruviaing that bottling
should be news that was continue,' in papers publish"' at
greater intenale than aa days. I cannot think that the
legislature if it had any intention to define the word "news,"
would not have adopted clear language to effect that pur-
pose, and would have faxed the titan: alter which events
were not to answer the description of news. For instance,
all events that have occurred more than 26 days ago. There
is nut a word to indicate any such intention in the clause,
awl it cannot be guppy-eel that they meant to adopt a defi-
nition which would make th- same event or occurrence a
matter of recent occurrence or new., if narrated in a daily
or weekly papa r, but not if contained in a monthly paper
published the same day, or the day after the occurrence.
They certainly have nut flied tiny period after ',bath
events should cs...e to be deemed news ; and, prabalay,
they thought it unnecessary that they should do ao. Pro-
trably the experiment would never be tried, of publishing a
'leper whore general object should lie to give a narratiso of
fact, which had all oecurrel more than a given period—say
a month before. I ant therefore of . pinion that the crown
is entitled to our judgment.
Sir F. Pollock.—This is an information for penalties
under the 6th and 7th William IV., chap. 76, and the quo,
tiou is, whether the publicatinn called the" limpid:tail Nar-
rative " is a newspaper within the meaning of the act, and
liable to be stamped a+ such. If it be, the deb admits
are liable to penalties for having issued it without a
stamp, and the crown is entitled to oar judgment ; if
it be not, then the defendants are entitled to our judgment.
The question is not free from doubt, and especially I say so
attar hearing the Tit./ that my brother Parke hats taken ;
but neither the arguments of the counsellor the crown, nor
the judgment of my brother Parke has e satisfied me that this
pablication is liable to he stamped as a isewapaper, and COlR-
sequt ntly, our judgment, in my opinion, ought to be
for the defendants. The material part of the statute is
schedule A (there is, however, no °the r schedule) which con-
tains a definition of newspapers. It save: "The following
shall he deemed and taken to be newspapers chargeable with
the maid duties: 1. Any paper containing public news, in-
telligence, or occurrences, printed in any part of the United
Kingdom, to be dispersed and made public." This explana-
tion does not differ mach from what is found in the first
statute that imposed a duty on newspapers, viz., 10 Anne,
chap. 19, sec. 101, and which continued in force till it was
repealed by the present statute. The language of that
statute is—'e Anal for and upon all newspapers or papers
containing public news, intelligence, or occurrences which
shall be printed in Great Britain, to be dispersed and made
public." Whatever the statute tif Anne meant, the statute
of William means, and neither more nor leas. I say not
more, lyceum: by its very title the statute of William IV. is
an act to reduce the duty on newapipera, and its prcinnble
recites that it is expedient to reduce them. It must, there-
' fore, be taken that the new duty was imposed; and it; there.
fore, this publication, the " Household Narrative," would
not hale been liable to a stamp duty before the 6th anal 7th
William IV., it is not so now. sow the 13‘11 George 111.,
chap. 9, passed in 1109, an act to subject certain publica-
tions to the duties of stamps upon newspapers, by the flint
section enacts that all pamphlet, and paper. containing any
public nein, intelligence, or occurrence-, or any remarks or
observations thereon, or upon any matter in church or
state, printed in any part of the United Kingdom for sale,
and published peritelically or its parts or numbers at inter-
vals not exceeding 26 days between the publication of any
twee such pamphlets or paper., parts or numbers (the size is
then alluded to) not exceeding two sheets, and (the price) a
1.,. sum than 61, exclusive of duty, shall be deemed and
taken to be newspapers within the meaning of the 30th
Gawp 111., chap. as, and other statutes imposing duties
upon and regulating the publication of newspapers ; and in
the Ith section it notices paniphleta or paper* containing any
public news, intelligence, or occurrences, or any such re-
maraa or observations as aforesaid, printed fur sale an/ pub-
lished periodically, or in parts or numbers at intervals ex-
ceeding 24 days between two number.. not exceeding two
sheets, at a leas price than fal. ' • and it does not make
them liable to stamp duty, but enacts that they
shall be published on the heat day of every calendar
month, or within two days before or after. It appears to
me th.e. this is a legislative recognition that a paper pub-
lished at greater intervals than 26 days has not the charac-
ter of a newspaper, though it may be a chronicle of events
brimming up its narrative to a very recent period ; and I
thank, as the Motichuld Norrafirs is publish,' at intervals
exceeding 26 days, it would be difficult with that statute
, befere us to say it was liable to duty under that act. If it
was not then, for the reason already given, it is not now.
A reference to some other publications may illustrate this.
. If Mr. Macaulay were, to-morrow, to pub oh a continua-
, lion of his history up to last Saturday, its news would
be as recent as that of any of the Sunday papers, but
, in the opinion of every one it would not require a
. stamp. So the annual registers, if published in the first
, week of the new year, are not is the nature of news-
. papers, and do nut require a stamp. Some of the monthly
, magazines laave been purely literary, at least many of their
numbers are so, bat several of them contained regular
monthly statements of births, marriages, and deaths, bank-
. ruptcies, commercial intelligence, and the proceedings of
, both houses of parliament while they sat, yet they are
notoriously unstamped, and no claim that I am aware of
i has ever been made upon them for the payment of duty, or
, of penalties for its nonpayment. Ido not see in any of the
, statutes any distinction between a publication chiefly or
. wholly consisting of intelligence and one containing such
, intelligence mixed with other matter, nor do I find anything
. about the main object of a publication ; and I cannot, from
i the distinction between the two expressions, " containing
news " and " containing any news," come to the concha-
, mien at which any brother Parke has arrived. Looking,
, therefore, at the whole course of the statutes on this sub-
, jot, I think it has been considered by the legislature that
, • certain infrequency of publication gives to a periodical
, the character of a chronicle or history, and not that of a
. newspaper; and, however it may afford useful information,
as it is not likely successfully to compete with the daily or
: weekly papers, it has not been rendered liable to the stamp
, duty. An interval of more than 26 days is what I think
, the legislature has fixed as the criterion. If the interval
. be 26 days or less, it is a newspaper ; if it be more, it is a
chronicle, or history ; and the whole question turns on the
distinction between news and history, which has, I think,
, been settled by the legislature. For these reasons, I agree
, with my brothers Platt and Martin, that our judgment
' must be for the defendants.

NEW MONEY ORDER OFFICES.—The Postmaster-
General has announced that Winchburgh, county of Lin-
lithgow, NIL haeiug been constituted u post town, the
office there will bo opened for the issue and payment of
money orders on and after the Lt December next, on
which day the i-sue and payment of money orders will
cease at Kirklistou end Vphall, in the sumo county. Lyd-
bey, Gloucestershire., having also been constituted a poet
town, will on and from the lit December become a major
money order other, instead of a minor office as at present. ,
i On the same day the of ioos at Dowlair, tilainorganshire ;
and Mayfield, Sures, will be opened as minor money order ,
offices. On the lith December, Wadebridge, Cornwall,
will be oned as a minor money order Mike.
Tug ROYAL 80CIETY.—The anniversary meeting I,
of the members of the Royal Satiety was held yesterday
afternoon, at the apartments of that learned body at
Somerset-house. The Earl of Rosse, the president, came
expressly over from Ireland to take the chair. There was
an exceedingly largo ctendance of the Fellows of the
Society. The report of the proceedings of the council
duringd the Last session having been read, the Cowley I
me
dal were awarded, and also the Royal medal.
The President (the Earl of Rome) delivered them
to the respective successful competitors. The cus-
tomary ballot for the election of the ecouncil for
the ensuing year was then proceeded with, when the
president (the Earl of ROW)), the treasurer (Col. E. Sabine,
11. A.), the secretaries (Mr. S. H. Christie, M.A., and Mr.
Thomas Bell), and the foreign secretary (Captain W. IL
Smyth, R.N.), were re-ejected. Thu members of the coun-
tit were then elected. Alter a very interesting re-anion of
those immediately connected with this distinguished learned
society, the Earl of Rosso, the vice-presidents, and mem-
bers of the council, and a select party of the Fellows, ad-
journed to the Freemasons' Tavern to celebrate the custom-
ary :Anniversary dinner.