Post Office Act 1841 (SA)

H ERE

A S an Acb of t&e G o w n m in CtwScil

peseed~

in the Third

Tu'ear of Her Majesty's Ixeign No. 7 entilled. " ha Act t o p r ~ i d e

fba

etter r~gulation

of the General P'wt Ofbq and* the oonve.yance. a d

e of lettqrg"

I I

nd whereas Her Majesty having h

m plmd: b disallowl tdw said

M

igenpal and so many Yostmastws and othe9 officeutfimtha, wwlu.tttiag S6

'nrnes necessary to pass a new enactment providing for the same object

e most moderate scale and limited to the pried requisite fix receiving

Hajesty's sanction to the estat~liehmmt

proposed ta be-

croacted,

IT T H R I Z E F O L E ENCCTED by HtfiS Ercellency. GrEonm GREY Xequim

or and Cornmaniier-in-Chiefi of Her haajje&y's- Prvinae of Sou&

ia by and with the advice and c.mseat the Legiel&ve Cwgd

as follows That fwm and affer bhe pssing of t h ~ s h t until Hem

sty's pleasure shall be known respcting thcrestahlishaient to be-autho-

for a I'ast Office in thia Prwitm it shall and may be lawful for the

rnar for the time being to establi41 for the r@ceiving ancl deapatohinglof Governor may

Ofices*

new. a p r s an? packets from a ~ t l with ir :his I'mvince one General ]!OS& erect fix rntes of post-

at* A. eldide add from time to time s~ lrlany rrihar U f f i a t t ~ in the dif- age end make

prts ~f this hovinre as he may deem expedient and ta appoirlt,ong Iftrgt- ruler.

of the iarne vi th mch reasdealle salaries and allowances respectively as

shall think fit and if need be f+ remove the said Postmaster-general Postmasl

And fix ntes of and officers and to appoint @hers in their stead respectively And also to

po~tegc-	the rates and sums of money to be demanded by the respective Postn~ast or their assistants for the receiving despatching conveying arid deliveriog letters newspapers and pack&s not exceeding the rates specified in the sched
And make ruler.	hereto annexedand to reduc+vary and again advance the same from time to ti
as to thesaid Governo~shallaeem meet and to make ~ i ich rules and r~gulatil
for the establishing and managing of the said several Post ~ f f i ce s and for 1
receiving despatching carryi~g and delivering of letters newspzpers and pack and the collecting and receitfrhg of the said rates and sums and the same ru and regulations from time t(r time to alter revoke or vary and other rules a regulatians in their stead toestablish as he shall deem expedient.

Exceptions. IT.

Provided always and be it Rnacted that the Government Gazette81 printed Acts of Council of this Province may be sent by post lree of &all of postage providing the sa&e or the envelope enclosing the same shall a

kt New8psperm.	Eave anything written thermn except the name and address of the party,
whom the same is sent and the signature of the party sending the same. 1

2nd Letters to or 111. And also that nothing herein contained shall be taken to author from theGovernor any charge for postage upbn any letter ox packet addressed to or frank

and certain bigb	for the time b e i n ~ v by any person in Great Britain or Ireland being empowered by law to a
public oficere. or receive letters or packets beyond sea free from postage nor upon any let1 newspaper or pcke t addressed to or franked by the Governor for the t~ being the Members of Coundl the Clerk of Council or the Governor's Prir Secretary.

IV. And also that it shalt be lawful for the Governor for the time be

4th The Governor	for the time being from time to time to exempt from postage as to him shall appear expedi
may exempt cer- all letters and packets (being b~naprle on tlir public service) which shall
bin istters. addremeci to or writtenandfhnked by such public officers of the Gov as he shall deem it expedient from time to time to name for that Provided always that on every such letter or packet there be writte person sending the same the words " On Public Service" and that underne

those words there be subscribed by him his signature.

ho~ieionaforsur- V. And albo that in any mse where any Postmaster

charge in certain believe that any letter or pa&et put into his o6ce or rece

mer.

such Postmaster marked as; " Newspaper only" or " News

doth not in fact contain solely and only that which the

purport to contain as aforesaid or doth contain some paper

thing or writing which uuder this Act would subject such lett

the full amount of postage gagable for or upon any letter or same weight not by this Act exempted from postage or wh

other xeason liable under thia Act to the payment of the full

thereon i t shall thereupon be lawful for such Postmaster required to mark upon such letter or packet the amount postage and such amount shdl be demanded and received vided always that in every such case of surcharge if it sha

within ten dap next following the delivery of the letter or pa appear to the ratisfaction either of the Postmaster by whom

was so delivered or of the postrnaster-general that the same was not t liable to such full rate of postage as afmesaid then the amount of the arge or excess of postage shall be returned to the party who sllall have the same And provided that if the person to whom the letter or packet ivered shall so require the Postmaster bp whom the same shall be so red shall at the tilrie of such delivery tbereof examine not only the e hut the contents of the same letter or packet in that person's

VI. And also that the Postmaster-general and every other Postmaster Postrnaater'u~ath~

appointed under this A'ct shall before the exercise by him of the dutiea of his office take and suhscril)a an oath for the clue execution of such duties before orleaof Her Majesty's Justices of the Peace which oath such Justice is hereby authorised and required to adn~inister in the words following that is to say

I do swear that I will not

willingly or knowingly open detain return or delay or cause or suffer to be opened detained returncd or delayed any letter or packet which shall come into my hands power or custody 1,y reason of my employ~nent as a Yost- master within this Province except by consent of the person or persons to whom such letter or packet shall be directed or by an express warrant in writing for that purpose under the hand of the Governor of this Province for the time being or except in cases where the party or parties to whomsukh

letter 01 packet shall be directed or who shall bc chargeable with the pay-

ment of the postage shall refuse to receive such letter or packet or shall refuse or neglect to pay the same postage and except such letters or packets as shall be returncd horn want of true directions or where the party or parties to whom the same shall be directed cannot be found.-So help me

God."

VII. And aisn that the Postmaster of Adelaide and all other Postmasters Deliveryofletterr

who shall be appointed under or by virtue of this Act shall deliver or cause

to be delivered (within such reasonable hours as shall for that purpose be appointed by order of the Governor of this Province for the time being) at his or their Post Office or Post Ofiice~, or in such manner as shall in that behalf be directed by the authority aforesaid all letters and packets according

to the directions thereon.

VI11. And also that as soon as possible after the expiration of twenty- four hours next following the receipt of any mail every Postmaster by whom lettara

or into whose Post Oflice the same shall have been received shall cause a

list of all the then remaining unclaimed and undelivered letters and packets received in or by each mail to be made out in writing and affixed in or on some conspicuous part of his Post ~)ffice so that such list shall be legible

from the outside of such Yost Office and that such list or some other list or

lists containing a true account or statement of all letters and packets from time to time remaining unclaimed or for delivery shall be kept bo affixed fairly written and legible as aforesaid for the space of not less than thirty

, days next following the first receipt of such letters and packets respectively

i at the expiration of which said period of thlrty days or as soon as possible	afterwards every such unclaimed and ur~delivered letter and packet shall be
by such Postmaster dealt with as shall in that behalf be appointed and ordered by the regulation aforesaid of the Ciovernor of the said Province for the time being. IX. Provided

1

Return of letten. IX Pmided dwnga upd $9 it. Eneated That except iq- the cane of

uedaimed a ~ d undshvered lit tern- as afolesaid no letter ar packet whatept aiter being once.pat into an$ I'os% O$ce shell under any circumstances t returned to t.he writer or sebder thereof or without the express consent, the person to whom the sar@ is directed or an express warrant in writin under the hand of the Gov mar for the time being b e sent or delivep

atheraise than according to $le direction of the same.

Prnnlty for of- X. And also that if any I 'btm~ster or other officer belonging to the Pa

Irlbrrg by P ' M c e or any permn enlplope# by or under a Postmaster or i~ the receivia ~ ~ ~ ~ ~

111 the ~ O S I - O ~ ~ C ~ S.

sorting carrykg conveying o$ delivering of post letters or otherwise in t]: business of the Past Office s&U offend against or wilfully neglect or omit 1 otmply with or hilid1 not ot~st#ve and follow qny or either of the said rdl

and regulaionr so f 'r~m tie to time to be made as aforesaid or any c either of the provisions of tMs Act he or she shall for every such offenl

negl~xt or omission fnpleit a$ pay a penalty or sum of not less than on

~ I M L nar more &an fifty pap~ds.

h t t e n on lboard XI. And whereas aftw thelarrival of vessels in the ports and harbours

dip. this Y~wince from, parts b ond sea letters and newspapers directed I

persons within this Province ave been in some instances a long t i m e dt

mined on board thersaf Be 4 therefore Wnncted 'l hat all mails bags borr or'f~cketd of letters or urwspagcrfi and also all loose letters mid newspapel which at the time of the arrival of any vessel within the limits of any sue port or harbour shall be on b b r d OS such veksel dire2ted to any pelson ( pwmm within this Province $ha)) at the request of any J'ostnlaster or ( the Port Officer nf huch port of. harbour or of any person duly acting fi)r suc I'ortrnaster or Port Officer l:& forthwith dei~verecl up t o him (exceptin always letters concerning on b o i d such \ e d and to be rlelivera

with such gocds and letters sent by any privtrte friend hy way of introductio

only W ccincerning his privatp affairs) and ~f any master or passenger

ethm wrmn on board of such. tessel shall k~iowingly delam on board,(

such v+ossel or keep i~ his or hfer lwase.ssion any m a i l bag ]nail-box packr

lat-W ur newspaper (exctlpt assaforemid) after such requc st inade ss afr)rt

mid he or she shall f t~ l 'e i t a& pay fin evcry letter ar newspaper so

tabd. or. kept a	or sum, qf not less than one pound nor inore tbq
five pounds.

KSkFln Asd in order to enwur* the clue and expeditious deliverr of a

-'-

far mmh kttera s d packets Ue it Ksut fed ' I ha t every master or other persol, g

d i p lettcrrr.

hwdiaay such uewl shall be gntilled at ~ n y tinx. after the expiratioq (

tmer~tq~f~ur hura next &er thq arrival of such v e s d to receive fro111 tb aearest Pmtsnaster (who is hereby required to pay to such master OS persG

&e.orim of one peany frrs every kt@r or packet so delivered as nforalsaiJ b

c~jllct, m a s t s or, person excap~ipg ?sly letters or packets addressed to the G

wrnor: af the Pmvince for the time 11eing such master or pcrson giving

d p t; for the money so received by hiw which retmpt shall be to such 1'08

q p s ~ a sufficie~~t acquiaanqe a ~ d the > a m shall be allowed to hinj, ig 4

a i c o ~ ~ q x o x d i n g l y,

the place or Post Office for that purpose appoipted by any such regu1nti.n

be made as aforesaid such person shall forfdt and pay a penalty or sum

more lesa than five pounds nor more than twenty pounds.

and other persons having the command of vessels departing rovince have in somb cases refused to receivt: on f r m the Provirlce co~npdted to tske

er cases having recaived on board have refused ,,il,

ackets from persons within this Province directed

he sea whereby great damage and inconvenience

tained by merchants and other persons-Be it

y master or person having the command of any

epart from this Province shall (after being thereto required master or Port Officer) refuse or wilfully neglect to receive sel any mall or bag or box of letters directed to any part

e sea for which such vessel shall then be bound or shall carefully to deposit such mail or bag or box in some ce on board of such vessel W to convey the same upon

voyage such master or person shall .for every such pay a penalty or sum of nett lesk than fifty pounds nor dred pounds: Provided alweys that every such master

and who shall duly receive. on board any such mail or

purpose of conveying the same according to the direc- e entitled immediately to demand and receive from such

fficer for the carriage thereof one penny for every letter

therein (excepting only for despatches from the Governor of this

for the time being) suah master or person giving a receipt for the

y him which receipt shdl be a sufficient voucher

the s a w shall be allowed in account at the Post

any person whatsoever shall secrete or embezzle or Persous opening

detain or delay or cause or suffer to be opened detained or d"t.8ining Or de-

ter or packet after the s m e shall have been delivered into layleg letter*.

he house of any person employed in the receiving

etters or packets under this Act and befbre delivery rson to whom such letter or packet shall be directed warrant in writing in that behalf under the hand of ince for the time bei~fg or except where the party

all refuse or neglmt to pay such postage and t shall be addressed or who shall be chargeable

eta as shdl be returned for want of true directions es to whom the same @re directed cannot be found)

such offence forfeit end pay a penalty or sum of

r more than fifhy p~mds,

I. And also &h@t if m y person sbd fk%whdently take from the possession Taking ~ c t t m

postmaster op other person employed to convey post letters or from from persons *	the	Post - office,
any Peat Offie or place appointed for the receipt or delivery of post	Felony,

ere any b t te r or pack& or bag or mail of letters sent 0r to be sent by

post or fraudulently take any letter or packet out of any such bag or

every person so offending shall be deemed to have stolen the same and

8 themof dslly convicted shall be adjudged guilty of felony.

t

flel.r,ding or X't'll. And also that' after the cornmcnce~uent of this Act no letter letter or packet shall be BO carried or conveyed or be sent or taken charge for the purpose of being: so carried or conveyed (not being by a person e played in the Past Office or in the conveyance of' post letters) the person sending or conveying such letter or packet or taking charge of the same such carriage or conveyaace shall for every such letter or packet forfeit a pay a penalty or sum of. not less than two pounds nor more than twel punds and that in all prgsecutions under this section every letter or pad sent or carried or taken aharge of to be carried otherwise than by post sh be deemed to have been $or hire or reward unless the contrary shall be sho

veyrng	letters
o,l,erwise	then by packet shall be* carried &T 'hire or reward otherwise than by post and ifa
post.

by the defendant.

' Exceptione. ,XVIII. Provided alwap and be it enacted that the preceeding section sh

not e x t d to iiny letter exceeding four ounces in weight nor to any letter packet crmceming goods &nt with such letter or packet and to be delive therewith or containing arry writ or proceeding out of any Court of Just or deed conveyance affidavik or letter of attorney nor to any letter or pac; sent by any person concerning his or her private affairs by any special m senger nor to any letter or packet bonafide sent or carried to or from a P Oftice or to or from any plgce distant five miles or upwards from any P Office or place appointed for the receipt or delivery of Post letters,

M d	contractors,	XIX. And also that it shall be lawful for the Postmaster-general for time being under such inst.puctions as shall be from time to time in t behalf given to him by the Governor of this Province for the time being enter into any contract or contracts in writing from time to time in his
name on behalf of the Government for or in respect of the clue carriage; conveyance of the several mails throughout this Province or any or eithei them and to sue or be sue& upon such contracts accordingly and if an
person havbg entered into any such contracts shall during the continuant thereof unlawfully refuse or -neglect to perform the same or s manner omit to comply with any stipulation or provision therein he or shall forfeit and pay for every lsuch offence a penalty or sum of not less t
five pounds nor more than fifty pounds.

I'rocredings for XX. And also that all offences against this Act or against any or either

penalty.	the rules or regulations so to be made under this Act as afores3i
of which @aid offences any peeuniary fine or penalty is by this
where no other provision for t h ~ recovery thereof is in that behalf
be heard and determined and such fine and penalties be awarded a
-Resident Magistrate appointed under the Act of Council of this Pr 1st of Victoria No. 2 for the district wherein such penalty shall be in and may be recovered by dis t res sale and imprisonment in and that all fines and penalties so awarded and imposed shdl for with and paid in to the Collector of Internal Kevsnue of fur the time being and be placed to the credit of the General Revenue of in a summary way by and before any two Justices of the in whole or port by the Governm.
XYI. And also that the amount -of rates and sums receiv under this Act shall be from time to time paid into the Colon :the use of Her Majesty her heirs and successors,

SCHI%DULE REFERRED 7'0.

-

S c A e h l e of	Rates qf	Postage in the Province of	South
Australia :-

S. d.

For every letter not exceeding half an ounee in weight, received

from Europe or elsewhere, except the Australian Colonies. 1 I)

For every letter as above from the different Australian

Colonies....,. ....................,................. 0 6

For every letter as above despatched from the Colony.. .......	0 6
For every letter or package weighing less than half an ounce,

from one Post Office to another, not

Exceeding 15 miles ................... .... 0 4

20 miles ....?. ...... .. .. .. o. .. , 0 5

30miles ....................... 0 6

50 miles ................... .... 0 7

80 miles ...............,.m. .... 0 8

l20 miles ....................... 0 9

170 miles ....................... 0 10

230 miles ....W......q.,..... .... 0 11

300 miles ....................... 1 0

For every such letter or package farwarded by sea.. .......... 0 4

And so on in proportion for letters and packets of a lighter weight.

The town delivery of letters not exceeding four ounces in weight	0	3
For every newspaper received in the colony unless sent to the

proprietors of n :wspapers published in the colony.. ....... 0 1

No charge to be imposed on newspapers sent out of the colony.

Newspapers on which any thing more than the address is written

to be charged as letters if taken.

Parcels not exceeding one pound weight to be charged.. ...... 1 0

Not exceeding two pounds.. ............ .?. ................ 2 0

And for every additional pound.. ........................... 0 6

Should parcels bc found to contain any writing or letter except the address

or invoice or other paper explanatory of the cantents they will be charged at the rate of a single letter for each half ounce and .if found to contain news- papers half this rate. No parcel beyond one pound weight can be sent by

land te any part of the Province.

GEORGE GREY,

G~vernor of South Australia.

Passed in Council, this l hirteenth Day d July, One Thousand Eight

Hundred and Forty-One.

A, .M. MUNDY,

Clerk of Council.

ADLL4IDE : Printgd hy authority by ROUEKT TNOMAS and Co.,

Government Printers, Hindby-street