General Post Office Act 1839 (SA)

Case
No judgment structure available for this case.

lix~-cptiutm.

11, l'ruvidvcl nlwnys and he it cnncted th t n9 ncwsp !per Cif cnclo~cd

l

eitllcr scpnr;~tclg or with o t lms in an cnrclopc,opcn at

l o t h ends or havitl;

thc nddrcss of tlic party to wllo~u tlrc s a ~ n c is kcnt written thercon) shall b4:

' l r t h'cwspopcrs.

charged with postow piovidcd that 11,) suc1f newspaper shall contain any note lettcr ineworan&m or otlwr t l ~ i ~ l g or writing therein or therebn excepting

only t l~c~lircct isn

on s~lcll

newspaper or on tIr~~:cnvelopc

on the outside thereof

as the case may be.

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2nd Letters to or

111. And also that nothin:

11ercin eoniairfed s h d l b c taken to authoris!

from the Gorernor

for the timc bcing,

any cllargc for postage upon any letter or p i k e t addressed to or frankerl

and certi~in Liyh

bx any person is1 Great Ijritain or lrcland bit;. cmpowereJ by law to send

public officers.

or roceire lcttcrr or packets bcgand sea f r d from postage n6r upon any lettcr or packct ad.lrc;sed to or f r a n k 3 hy t$c (iovcrnor for the time being

the bIemLers af Council thc Clerk of thr: Coincil or the Governor's Private

Secretary.

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4th Tbe Governor

time

1V. And also that i t sllall be lawful for t e Governor for the time being

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may exempt cer-

from time to time to exempt from

as" to him s h d l appear ex edlent

trin letters.

all letters and packets (being bma fide on th; public service) yhich s 1 all be addrcsscd to or written and franked by such p$Llic officers of the Government as he shall ileenl it expe:licnt from time to time to name for that purpose: Proi7ide.l always that on every such letter oi$cket there be written by the

person sending the same the words

On I'ublic Service" and that underneath

those words there be suLscribed by him his &,

t

~rovisiomfornur-

V. A n d also that in any ease where anf Postma~ter shall suspect and

c h u ~ e in certain believe that any letter or packet put into his office or received

by him as

C u t s.

such Postnlaster marked as aforesaid

New.sp3px only" or C' Newsp~pers

only''

410th not in fact contain solely and onl? that which the same shall so

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p r p d r t t o ebntain as aforesaid or doth cohtain some

spe~;nota

or other

thing or writing which under this Act would hutiject such ctter or pscket to

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the full amount of postage payable for or L ~ ~ P I

any letter or packet of the '

same weight not by this Act exempted froni po~titge or whlch is for any other rcason liable under this Act to. the p y b c u t of the full rate of postage thereon i t sllnll t l ~ c r e u ~ o n be lawful for such l'ostmister and he is hereby rqnirc:l to mark upon such letter or pnckct the amnmt of such full rate of postngc and such-amonnt sllall b e deman;lcd +a:\ received accordingly: Pro- vided n lwys that in cvery si~cli case of suichxrge if - it shall at any time within ten clays next following the deliverj-of the letter or pscket be made to appcar to the satisfaction either of the Post!.i~as ter by whom such lettcr or

. p a d i ~ t,

was so delivered or of the Postm&te<-gcncrnl that the same was not

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factlinblc to such f d l rate of pnstilgi as aforealirl t h w the amount of the.

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suichnrge or csccss of postage shall I)c returned to the party who shall have

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paid the same:

;Incl provided that if the

to whom the lcttcr or packet

is rlclivcrcd sh311 so rcquire.the Postmaster by \sham the same shall' be so dclivcrcd shall a t tllc time of such delivery. t l~crcof esamine not on$ thc outside but the contents of thc same letter or packet in that person's

presence.

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Fostmas~cr.~

oath.

Yr. And also that the Postmnstcr-gencrid and cvc:~ other Postmaster

rrp ,oiutctl u d e r this :lct shall Ijcforc tllc escrcisc by hinl of the duties of his

o d ice tiikc and subxriLc an oath for thc due cxccution of snch (lutics before

one of 1Icr 3Iajcsty's Justices of the Pcacc which oath such Justice is hereby.

authori..ccil i111d I. C ( ~ I I ~ V C ~ ~

to ildministcr ill t l~c~words

following that iq to say-

'' I " do swear that I will not

willingly or knowin$): opcn clctnin return dr rlclay or c a m or suffer to be O p ~ ~ ~ ~ d tlctaina4 rl.tur.nf:il or dclaycd any lcttcr or packct which slrall come

into n ~ y

11;1nrlr: p r m w or cnsto:ly by reason of m}. ctnploplncnt ns a Post-

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,

master

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by corl3ent of the pcrsorl or persona to

h rlirccttd or by an express warrrmt In

mnd of the Governor of this Provinco

ble hours as shall for tha f this Province for the ti

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or pack& of letter;, 01 n e w s p p r s a n t i$w ali loow lettcw and newapap$r.s

which at thc t ime of the zrriva! of m y iesscl within the limits of m y such

port or harbour shall bc on Lo;rrd of

ves;el i1irectc.d to sny person or.

per'sons v-ithit1 this l'rovince s1A1 at the request of any Postn~aster or of the Port OEctlr of such port or IlarLow or of any person duly acting for such

always letters concerning gonc!z: on bmrd such vessel and to be delivered '

Postn,ilster or Port Ofticer bc fortl!wiih dclivercd up to him (excepting

with such g ~ o d s and lcttcrs smt Iry ;my priv,:te frieud 5~ way af introduction ' only or concerning his private atEli;s> and if any master or passenger or -

other person on board of such vessel &!l knov;ingly detain on board of .

such verse1 or keep in his or her possession any mad mail-bag mail-box packet Iotlcr or Eewspaper (except as af;ressid) after such request made as aforesaid he or she shall forfeit and for every letler or newspaper so detained or kept a pcndty or sum o.P not less than one pound nor more than

fire pounds.

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Alkwanca

for

XI[. And in order to encourage the (?I& and inpditious delirery of all such

:

rhiy Iettarr.

letters and packets: Re it enacted that e<ery master or other person pn band

any such vessel sha!l be entitled a t any ' b e after the expiration of t\rerlt3- *

1 four hours next after the arrival of such vessel to receive from the nearest.

Postmaster (who is hereby rcquire'd to.pay to such master or person) the

sanl of one penny for every letter or packet so delirered as aforesaid by such

master or person excepting only letters dr packets addressed to the Governor

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of the Province for the time being such master or person giving a receipt for

the money so received b

him which receipt shall be to such l'ostmaster a

sufficient acquittance an

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the same shall be allowed to him iu his account

aeconlirrgly.

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for a

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XIII. And also that if aoy such ~ & t

Officer or pcrnoq in- that Lehdf

bgs*ch mils.

deputed by him or by

shall neglect or

omit to deliver or shall

swh bag box nuil

. letter or packet at the place

appointed by

any such regulation so to be

and pay a penalty or sum

pounds nor more than .

twenty pounds.

,

il

YtsseIa

YIV. And where~s masters and ot

the command of

frotn the Provirtce

mmpelled to take vessels departing from

th!s Prcviticc 113

s?d to receive on

rsai19.

board such vessels and in n t h c a ~ s 3 to convey thereinletters m c l packei, 'rs to persons at pl;lccu beyond tile sea : v i

have in some cases beer) sustamsl

therefore enacted thrtt if nng master vessel about to depart froill this Pro

by any such Postmaster or Port 0%

on Loa&such vessel any mail or bil

or place beyond the sed for tvlii~bh

refuse or neglect carefully to tlepoqit such muil or

box in sonw

secure ancl dry place on board of :m!\ vass.1 or to her then intentied voyage s u d l master or person offence forfeit and pay a penalty or sum of n at 1t.s more than one hundrcd pounds: 1'1-ovided always

or person in conirnnntl who shall drdy receive on

bag or box (for thc 1,urpose of convcging the srtrne according tu the direc-

tion thereof) shiill bc entitlcd ini1ntditc.1~ to cleurancl and receive from such

1'osfmastc:r" or Port Officrr fur the c:~rria::e tlicrcof one penny for every lel t~

,

cont~irlid

tlii', 1.i 11 (cxcc:,ling

ollly for dqmtc l rcs from the Governor of tI:i?

l'rot

i, ! ~ f'r~i. t l l , 1 1 1 t i i: ~ c: ~ I I; , )

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~ n a s t e r

h

;w pcrdon givillg a rcccipt f n ~

t; ~ ?

lirlf.*""t

.

eceived by him which said receipt shall be a sufficient voucher m

ment and the same shall be allowed in aceount at the Post

ngb

nd slso that if any person whatsoever shall secrete or embezzle or Pcrsons opening,

a detain or delay or

cause or suffer' to be o p n e d detained or :$''$&e~:

de*

tter or packet after the same shall have been delivered into cs or into the house of any person employer1 in the receiving elivering uf letters or packets under this Act and before delivery

use af the person to whom such letter or packet shall be directed

r an express warrant in writing in that bzhnlf uncles the hand of or of thls Province for the tirne being or escepi; where the plriy

&.p or packet shall be addressed or who shall b:: ctlxgzal>le

thereof shall refuse or 'neglect to pny such poatagj aild

rs or packets a3 shall be returned for want of true direction3

psrti :3 to whom €he same are clirec ted cannot I>c foand)

every aach offence forfSt and pzy a penalty or sum o;

nds nor more than fifty pounds.

that if any &rsm shdl fraol,ntlg

take f r xn the pmserrion

Taking

lettys

or other p3m03 emp!nynd

ta c o n q p>;t letters or from fr"m

the Poat

p erson3

O;fi~e,

l i l

ffico or pface a p p ~ i u t ~ d

far the WXipk Oi tIzlircrj- of post &c. Felony,

p~cl ict

or ba: or m d

of letter; se!lt or to be sent by

fraudently t a k ~

any letter or pxcket o ~ t

of n:Iy susli b ~ g

or mail

so offinding shall be dc??m?.I to !~ni-e

stolen t hz s n n l nn:l being

y cotwicted shall be adjudsed p i t y of f h n y.

I. And also that after the commencalncnt of this Act no letter or S-@in,- or con-

shall be carried for hire or reward otherwis~

than by port ancl if any l:{:zise

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:

cket shall. be so carried or c 1nveye3 or bz sent or t:llc:m charge of p,,.t,

pose of bein:

$0 carried or cmveye I (not being b p a person cm-

he PO&

01Ecc or in the canvepnze of post letters) the person so

or conveying such letter or packet or taklng clrarge of the same for

rringe or conveyance shall for every such letter or pacl;ct forfeit ant1

p n a l t y or srrm of not Icss than t w, ~ poun.ls nor Inxo thlrl twenty

S and thnt in all prosecutions un4.r this scct ion cvcrp lcltor or pac!;e:

or carried or take11 charge of to be cnrrie,l otlicrwiie thLm !>y ?OS t >hajl

deemcc1 to h v c Ibcen for hire or reward u d

the c.m:rnry s l~l l l

n by the defendant.

"a

XVIII, Provided alnays and be i t enacted that the prcccilin,o section Eweptions.

shall not extend to an)+ letter exceeding four oilnccs in weig?~t

irnr to m)-

'letter or packet concerning go.)&

sent with such goo.13 ant1 t:) be dclii~>1.t~,l

thcreyith or containing an): writ or proccecliog out of an} ('ouri of Jo. tice

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or deed conveynnce

nffidavlt or letter of itttoriloy nnr to i l i l y 1c.ttr.r or yr:icLct

d

sent bp any person concerning his or he;. pri\-ate aGirs by any sprri.11 incs- scnger nor to nay letter or packet t o m ,ljdl: sent or carriecl to or ti.ml a Post OlCcc or to or from m y place distant f rvc miles or upu-nrds Rom any For t OEce or place appointed for the receipt or dclirery of post lettern.

thereof unIawfi~IIy refuse or neglect to perform the same or shall in any manner omit to comply with any stipulation or provision therein he or she shall forfeit and pay for every such offence a penalty or sum of not less than

five

nor more than fifty pounds.

Proceedings

for

XX. And also that all offences against this Act or against any or either of

penalty.

the rules or regulations so to be made under this -4ct as aforesaid in respect of which said offences any pecuniary fine or penalty is by this Act imposed where no other provision for the recovery thereof is in that behalf made shall be heard and determined and such fine and penalties he a ~ a r d e d and imposed in a summary way by and before any two Justices of the Peace or the

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Resident Magistrate appointed under the Act of Council of this Province 1st of Victoria No. 2 for the district wherein such penalty shall be incurred and upon information in that behalf exhibited and that all fines and penalties so awarded ana imposed shall be accounted fox with and paid in to the Collector of Internal Revenue of this Province for the time being and be

, placed to the credit of the General Revenue of the Province.

XXI. And also that the amount of rates and sums received for postage

under this Act shall be from time to time paid into the Colonial Treasnry to

the use of Her Majesty her heirs and successors.

.

GEORGE GATVLER,

Governor South Australia.

Passed the Council this firteenth

day of October, 1839.

-.

GEORGE Hi1LLj

Clerk of Council.

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