hough stamped as newspapers, are not according to Law
Newspapers, and consequently need not have been stamped, but that the
proprietors have caused them to be stamped for the purpose probably of
obtaining the facility of passing them free of postage.
"My Lords consider that all publications which are in the construction
of the law newspapers and are compelled to be stamped are in equity
entitled to the privilege of passing free of postage, but with respect
to publications, which like these now under consideration are not
properly newspapers, or necessarily stamped, they are of opinion that
they are not in equity entitled to the privilege, and that my Lords must
take into consideration the convenience of the public service and the
other circumstances of the case. My Lords are desirous of affording
every fair facility which may not be inconsistent with the proper
despatch of the mails, and in this view they consider that a limit of
weight may be properly applied, and adverting to the average weight of a
large newspaper, they are of opinion that the limit may be properly
fixed at 2 ounces.
"They are pleased therefore to direct that for the future in all cases
where applications are made for the transmission of any stamped
publication through the post free of postage, if it shall appear that
such publication is legally a newspaper and compelled to be stamped such
paper shall pass postage free whatever may be its weight, and that when
such publication may not appear to be strictly a newspaper, still it
should be permitted the indulgence in case the weight shall not exceed 2
ounces."
[291] _Parl. Debates_ (_Commons_), vol. cxxxvii. col. 1130.
[292] "If a tradesman at the present time carries his circular to the
Board of Inland Revenue, he obtains the postal privilege on the
condition of his declaring his circular to be a newspaper, although, if
the Board of Inland Revenue were afterwards to prosecute him for not
stamping his entire impression, he would be entitled to go into a Court
of Justice and there to contend that that was not a newspaper which he
himself had declared to be a newspaper in order to obtain the postal
privilege for part of his impression."--Mr. Gladstone, 19th March 1855;
ibid., vol. cxxxvii. col. 791.
[293] 'The Solicitor of the Board of Inland Revenue, being examined
before a Committee upon the subject of class publications, was asked why
class publications were not subjected to the compulsory s
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