Post Office Act 1846 (SA)

ORDINALWE m c k d by the Governor of Sou& Audraliu, with h orhier

and ronrcnt of the &gir&tiu~ CmrrciZ Ih&

E I

I l \~'VIIEREAS in force, for regulating the Post Office Department :

it is expedient to enlarge the provisions at present PWBM..

fei t

BE rr THEREFORE ENACTED by the Governor of South Australia, ~ o m m a c e w s t ~ .

with the advice and consent of the hgislative Council thereof, eonalpctiorb

that from and alter the passing hereof, this Ordinance shall com-

mence and take effect, and shall be construed as one Act with an

Ordinance passed on the thirteenth day of July, one thousand

eight hundred and forty-one, entitled an " Act to Regulate the 5 vie,.

Post Office Department in South Australia."

IJ, ANI) BB IT ENACTED, that if any Master or Officer, or other W ~ c W t o d ~ ~ r mu& ddy m urirrl.

person on board of any ship or vessel arriving at any port or place

within the Province, and having charge of any mail, letters, packeta, or newspapers (not being exempted by law), shall not duly deliver nuch mail, letters, packets, or newspapers, to the

proper Officer authorised to receive the same, without unavoidable

lelay ufter his arrival, every 8uch ?gender shall, on conviction, fur- 4

\

S?	feit and pa a pen&y or sum of not more than Ten Pounds,
less than 4 wenty Shillings.

or dmkoyiry maik, person, on board of any ship or vessel within the Provin openiw hi* L% 111. AND BE IT ENACTED, that if any Master or Officer,

in any manner unlawfully and wilfully open asp bag of letters at

mail, with which he shall have been entrusted for delivery Post Office authorities, or hall, unlawfully and wilfully, ta of such bag or mail any letter, or newspaper, or shall wil

a negligently destroy any such bag, mail, or letter, eye

offender shall, on conviction, forfeit and pay a penalty or sumd L;

h

not less than Fifty Pounds nor more than One Hundred Pounds. 1 i

, b

o f ~ u n o ~ C W O ~ ~

may 8 t h Ielten m- W. AND BE IT ENACTBD, that it shall be lawful for the Cul. \..

la,,f,,&	m -	lector, or any other Officer of Customs, who in the due executina
~ i p.	of his duty as a Revenue Officer shall discover any letters 0;
. .	packets on board any ship or vessel in any port or place within the

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Province, contrary to the provisions of any law in force relating to the Post Office, to seize and take all such letters, and to forwzrd t.he same to the Postmaster-General; and that the Officer seizin;

and sending the same shall be entitled to one moiety of the penalt,

which may be recovered for any luch offence; and that in all 1	cases of such seizure. the proof shall lie on the Derson in w h w	J ' 4	'
provisions of law have been complied with.	possession or baggage-the litters or packets shall 6e found that the 1

f 1'.

Dtt)r*uonb~ mls- V. AND BE IT ENACTED, that on the arrival of anv ship or ressel

;m U 10 d l k ~ of

ktem	in port, it shall be lawful fur the person authorised by the Post- master-General, at the port or place, to require a Declaration in
writing, to be made and signed by the Master. or Commander of
such vessel in the presence of such person authorised as aforesaid

(. (who shall also sign the same), which declaration shall be in the

., . form or to the effect following; that is to say-

. 'I

I, A. B.;Master or Commander of the (tmnle the t w ~ e I ), W I ',: ;

8

rived from (slate theplncc), do solemnly declare that I hare, to the

best of my knowledge and belief, delivered or caused to be delivered to the Post Office ~uthorities et (state the piace), every letter, bag package, or parcel of letters that wen on board my said e 1 ;;.'

except such ns are exempted by Iaw."	: /.
And that until such declaration shall be made and produced to the
Collector, or principal Officer of Customs, such ship or vessel shall	, *
not be permitted to report.	,)., '*

. ! 1. ' * A

PenrW on mrkhr	VI. AND BE.IT ENACTED,	that if any such Master or Commander
W* ' W J ~ O U *

. hall wilfully ref'u~e .or neglect to make the declaration hereby re-

quir* or 1 to produce the same, or rhall- wilfully make any false

declaratio%

,

I declaration, every such offender shall, on conviction,	forfeit and
py for every such offence 4 penalty or sun1 of not less	than Fifty
ponnds nor more than One Hundred Pounds.
Z VII. AND nE IT ENACTED,
I

that in any action or suit against any IQ actions brarybt

prson Tor collecting, carrying, conveying, delivering, or sending f~lr errqmg leUm

e a o b

to kw. H*#

kllers or pncknp, contrary to the provisions of an

law at any Zklll**ia

f

bme in force within the Province, the proof that t ze letters or

pkets were collected, carried, conveyed, delivered, or sent, ac-

@rding to the provisions of any such law, shall lie on the person

gainst whom such action or suit shall be bwirght.

V1 If. AND BE XT ENACTED,

that if any'action or suit shall be ~ i o f * r u n *,

*

against any person, for anything done in pursuance

or ,any other such law as aforesaid, the same

within twelve months after the fact corn-

,

and the defendant in such action. .,

tr suit may plead the general issue, and give this Ordinance and

he special matter in evidence, and that the same was done in

pursuance and by the nu thori ty of such law: And if it sl~all

appear

roto be done, or that such action or suit shall be conlmenced

.

ter the time before limited for bringing the same, then the

vyshall find for the defendant; and upon n verdict for the

lefendant, or if the plaintiff shall be non-suited, or discontinue

bii action or suit, after the defendant shall have appeared, or if ..

demurrer judgment shall be given against the plaintiff, the

shall and may recover treble costs, and have the like.	I - -	I
the same as any defcndaut hat11 in any other case by
-.
..	a

a verdict shall be given for the plaintiff in any

plaintiff shall not have costs against the de-

Judge before whom the trial shall be, shall '.

"

of the aqtion and of the verdict obtained

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i FREDK, W. ROBE, ,.

: .Lieu tenant Governor*.

ssed the Legislative Coiurcil, this thirty

jh; d q of July, Orie Thowand Eight Hutrdmd arrd I'briy-~i~v. L

W. O'~J[ALLOI~AN,~ .

Clerk of Council, ..

..

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