Post Office Act 1861 (SA)
ANNO VICESIMOQUARTO ET VICESIMOQUINTO
No. 4.
[Assented to, 30th August, 1861.1
E it Enacted, by thc Governor-in-Chief of the Province of South
B | Council and House of Assembly of the said Province, in this present |
Parliament assembled, as follows: |
of |
eight hundred and fifty-three, intituled " An
for &&lishing
patching, carrying, | several Post Offices within the said Proviilce7 and the receiving, dis- :''it:?$; |
and the making, custody, ancl sale of stamps, and the receipt and payment of moncys in connection with the said Post Cffices, and the conduct of all Postmasters and other officers of the department; and the said rules and regulations may alter, revoke, or |
circumstances as shall appear to the said Governor and
Executive Council to render such reduction expedient.
covoruOrma~
said Postmaster-General, thc power to appoint and rcmove such | |
officers, clerks, and servants, as may be required for thc General Post Office at Adelaide; and it shall be lawful for the said Post- master-General, from time to time, to appoint and to remove Postmasters for the various post towns and places out of Adelaide, | |
heforc thc |
letter-carriers, | exercisi bv him of the daties of his ofice, take and subscribe a decla- ration ford the due ex.ecution of such huties before one of Her Majesty's Justices of the Peace for the said Provincc(which declaration such Justice is hereby authorized and required to administer) in the words following, that is to say-" I, A.B., do solemnly and sincerely declare, that I will not willin& or knowingly open, detain, return, or delay, or causc or suffer to |
by reason of my cnlploymcnt relrzting to the Post Office, except by | |
the consent of ihe person or persons to whom such letter or packets shall be diirectcd, or by an express warrant in writing for that pur- pose under t l ~ h a d of the Governor, or unless ~t~heerwise in purswnce and undcr the authority of any of the provisiolis in that behalf con- tained in any Act, lnw,'or duly authorized regulation in force within the said | |
or however made up, which shall be sent by post, |
6. All letters transmitted or received by post, except as hereinafter excepted, shall, from and after thc cornmencemcnt of this Act be charged by weight only, |
shall |
to the scale aforesaid upon letters (except as hereinafterexcepted) transmitted
transmitted or received by the post, that is to say-upon | all letters |
posted at any p ~ s t | office for delivery within the said Province, the |
sum of Twopence; upon all letters to be transmitted by ship or. bags, from beyond the limits of the said Pro\-ince, and dcli~ered therein (except in cases where the Governor stirill have made arrangerrlcnts
as hereinafter mentioned), the sum of s;xpence.otherwise to places beyond the limits of the said Province, the sum of
8. The sun1 of T\vopelrce only for any weight not exceeding four Postage on
parceh ounces, and the additional sum of One Penny for any additional
form,
ounce or fraction of an ounce, shall be paid on all parcels: | Pro\ided proviso |
that therc shdl not be in or upon any such parcel any leiter or epistolary communication or intelligence, and that on h e outside thereof, in adclition to the name and address of the person to whom the same is to be delivered, the sender thereof shall subscribe, or cause to bc printed, his name and addrcss, with a statement of the contents
thereof, in the following form, that is to say, "Parccl, without letter:" | f$$$:$y' |
shall be at liberty to refuse to transmit, by post, any such parcel when of the weight of more than three pounds, or of greater dirnensione, in any onc way, than two feet; or containing, or reasonably suspected to contain any article likely to injure the other contents of the mail bags: Z'rovidcd also, that 110 parcel, letter, or paper of inconvenicnt weight or dimcasion, shall be transmitted by post to any place to which the mails shall bc conveyed on horseback, unless the Governor, w l l ~ the advice of the Executive Council, shall otherwise direct. |
And provided also, that thc I'ostmaster-General, or other Postmaster,
9. All newspapers printed. in the said Province, posted at some
~ $ $ ~ ! ~ ~ ~ ~ ~ ~ p f * *
office within the limits of t'he citv or town in which such news- | .I |
papers shall have been printed, ancl within seven days of the date of | nncl not written |
publication, and a11 newspaprrs posted within the said Province for exreptin$ | delivery beyond the limits of tlle same, and all newspapers received | |
from ylaccs beyond the limits of the said Province for delivery within the same shall, if uncnclosed, or cnclosecl in an envelope open at both ends, be received, conveyed, and delivered free of all postage | ||
| ||
excepting only the direction on the outside thereof, and that the exeniption from postage shall not extend to newspapers posted at any office for delivery at such office, or at any place within the limits of the city or town in which such office is situate. |
10. The sum of One Penny shall be prepaid for every newspaper Posiage | on |
papcru not entitled to
that is not entitled to be delivered free of postage. | free delivery. Petitions to the |
11. Members of the Executive Council and Mcrnbcrs of the Legis- lature may receive by post, Parliamentary documents, petitions, and | vcrnor or |
addresses to Her Majesty, His Excellency the Goveruor, the Exe- | c | if | ||
cutive Council, or either branch |
the post~ge | upon letters or parcels containing only returns of births, |
baptisms, marriages, and deaths, transmitted in compliance with the provisions of the law in that behalf, by ministers of religion or other parties, whose duty it may be to transmit such returus to any officer appointed to receive the same; but the postage thercon shall be paid by the said officcr qn delivcry of such letters or ~arcels
respectively: Provided that the same shall contain such rcturns only, and shall, on the outside thereof, be stated to contain such returns only, and be signed by the minister or other person trans- mitting the same.
13, The following classes of persons may both send and receive |
letters, not exceeding half nn ounce in weight, by post, on their own private concerns, on prepayment of a postage of One Penny for each letter, either ill the said l'rovince, or elsewhere (as the | |||
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hereinafter mentioned, shall be paid upon its b c i ~ ~ g put into a Post Officc, and it sliall be directed to the privileged person, specifying | |||
on the superscription thereof the vesscl, or the regiment, corps, or | |||
detachment, to which he shall belong; and \*r henever the letters sent or received by any such privileged person shall be sent from parts beyond the seas, and shall appear to have had any postage whatsoever prepaid thereon, no Colonial postage shall | |||
hvernor and |
tive Council may 14. The Governor, with the advice of the Executive Council, may
mange ss to prepar- make, or cause arrangements to be made with. the Postmaster-mentoflettera
to General of England, and with the constituted authorities in foreign
Britain or foreign
ports |
prepayment
prepayment thereat, by stamps
any such foreign ports or separate Colonies, for the entire postage
between the place at which the letters, newspapers, or parcels chargeable therewith, shall be posted, to the place of delivery; and d s o to make, or cause to be made, arrangements for the prepay-ment or for the optional prepayment in the said Province, on letters, news- papers, or parcels to be sent from the said Province to Grzat Britain, or to such foreign ports or separate Colonies, of t8he postages payable
in Great Britain, or in any such foreign port or separate Colony, or
for the payment of such entire sum as may be agreed upon as the postage between the place at which any such letter, newspaper, or parcel shall be posted and the place of delivery thereof, and as to the proportion of or equivalent for sw11 proportion of such entire sum, which sliall be retained for the use of the said Provincc.
nrrangemcnt for |
General of | England, and with the constituted authorities in foreign zy$i2rt |
ports and separate Colonies, for the transmission by post
the following ratcs:
For a single parcel not exceeding quartcr of a pound in weight,
Fourpence.
For each additional quartcr of a pound, or fraction of a quarter
of a pound, Fourpence
from Great Britain, or to or from any foreign count1 y, or separate |
Colony, shall be subject to the following conditions:
The charge will be the same whether such parcels are posted |
cleliverecl at the port of dispatch or arrival, or at any place in the interior of' tlle country, and ~vhether sent by packet or private ship
The postage must in cvcry case be prepaid by means of stamps
No such parcels shall be sent by any route which would entail the expense of transit postage through any intermediate country or Colony
To prcvent the inconvenience which might otherwise ensue, any Postmaster may delay the dispatch of' such parccls to or from the interior of tlle said Province for such periods as may from time to time be fixed by the Governor in Ese- cutive Council, in consideration of the distance, the means
of carriage, and the time occupied in the conveyanceof nails in different Iocdities
No single parcel must
exceed three pounds inweight.
mabing md
the approval | |
that behalf by the Governor. |
18. The Postmaster-General may grant a licence to any person to |
deal in or to retail stamps; and
any such person or any Postmaster
who may obtain from the Postmaster-General, at anv one time,
stamps tb the value of Five Pounds or upwar&, shall" be allowed
thereon a rebate at the rate of Two Pounds and Ten Sllillings in the
Hundred Pounds.
making, or knowingly have in his custody or possession, without lawful excuse (the proof whereof shall lie on the person accused), |
. | any mould or frame, or other instrument having thereon any words, letters, figures, marks, lines, or devices peculiar to paper heretofore or herealter to be provided or used fox postage stamps, or if any |
person (except as beforc excepted) shall make, or procure to be made, |
tRting pOStng0 etmps. possession, without lawful excuse (the proof whereof shall lie on theparty accusecl), any paper, in the substance of which shall appear
visible any words, letters, fiwures, marks, lines, or devices peculiar |
paper heretofore or hereafter to be used or providcd for postage
stamps, or any part of such words, letters, figures, marks, lines, or
+ | |
every such case, every person so offending diall, for cvery such offence, be adjudgecl a felon, and shall be imprisoned for any period not exceeding scvcn years as the Court shall award, with or without hard labor. |
Having possession |
without authority. | lie on the party accused) shall purchase, or rcceive, or takc, or have |
in his custody or possession, any paper, provided by the Postmaster- | |
Gcnerd for the purpose of beitig-used for postage stamps, before the same shall have been issued by him for public use, every such person shall for such offence Be deemed guilty of a misdemeanor, and shall be imprisoned for not more than two years nor less than six months. |
be |
p r o e h |
shall
shdl | ||
in cases in which the prepayment shall be optional, under any | ||
arrangement to be made as hereinbefore authorized, shall be prepaid | ||
by the person tvho shall desire to have the same transmitted by post, | ||
and such prepayment shall (except as hereinafter provided) be | ||
or Inspector of Stamps: Provided that i t shall be incumbent on | ||
every Postmaster to procure and keep on hand a sufficient supply | ||
of Post Office stamps for sale, without premium, and in such quan- | ||
tities | ||
desirous of purchasing the same; and that whenever it shall happen | ||
that any such Postmaster shall not have any stamps of the requisite value for sale as aforesaid, then and in such case prepayment on any such letters, newspapers, or parcels may be made in coin, and shall be acknowledged by the said Postmaster upon the face of the letter, newspaper, or parcel so prepaid: And provided also, that no | ||
that | ||
amount | ||
amount, according to the rate for the time being established by law; | ||
but nevertheless every letter, newspaper, or parcel upon which | ||
deflcicnt | ||
stamp or stamps shall have been affixcd, shall be transmitted through | affixed. | |
the post, and shall be delivered to the party to whom it is addressed upon payment by him of donble the amount of a3y postage deficient. |
24. The sender of any post letter, newspaper, or parcel shall be |
registered. |
Letters |
entitled to have the same registered at the Post Office, upon payment
of the proper amount of postage stamps, together with the sum of
Sixpence, as a fcc for such registration; but such registration shall
not render any Postmaster, or the Post Office revenue, in any manner liable for the loss of any such post letter, newspaper, or parcel, or the contents thereof; and all registered lctters and packets shall be received at any post office, and also he delivered at the place of delivery, at or between such hours in the day, and under such regu-
lations in every respect as the Postmaster-General shall from time to time appoint; and such registration fee shall be prepaid by stamps.
act in
regard to letters
letter, newspaper, or parcel put into his office or received by him ,, |
as such Postmaster, | to be a letter, newspaper, or |
parcel coming within any of the exemptions hereby created, or
p t a g ~. belonging in respect of its contents, to one of the classes in
which
the
the lower rate of postage hereinbefore mentioned is chargeable, doesmt in fact contain solely and only that which the same shalI so pur- port to contain as aforesaid, or contains some paper, note, or other thing in writing, which under this Act would subject such letter, newspaper, or parcel to postage, or to the higher rate of postage itsthe case may be, it shall be lawful for such Postmaster, and he is hereby required to mark upon such letter, newspaper, or parcel
treble the amount of postage to which such letter, ncwspapcr, or parcel
was originally liable, and such amount shall bc demanded and received accordingly: Provided that in every such case of sur-- charge, if it shall at any time within ten days next following the delivery of the letter, newspaper, or parcel, be made to appear to the satisfaction either of the Postmaster by whom the same was so delivercd, or of the Postmaster-General, that the same was not in fact liable to postage, or to a highcr rate of postage, thcn the amount of such surcharge shall be returned to the party who shall have paid the same: Provided also, that if the person to whom the letter, news- paper, or parcel is delivered &ill so require, thc Postmastcr by whom the same shall be so delivered shall, at the time of' such delivery thereof, cxaminc not onlv the outsidc bu t the contents of the said letter, newslx.tper, or parcel in that person's presence, and thereupon demand and take only the postage lawfully due tbereon, according to the provisions of thisAct.
Penalty on persons
ytting in or sending 26. If any person shall knowingly scnd or put, or eausc tobc
etters asexempt fmm sent or put, to or into my post office, any letter, newspapel*, or parcel
newspaper, or parcel shall, to the knowledge of such person, not contain solely and exclusively that which the same is by this Act authorized to contain, or s l d, to the knowledge of such person, contain or have written thereon or therein some letter, paper, note, communication, writing, or tliing which uilder this Act would sub- ject the same to postage, or to the highcr rate of postage, the person so offending shall forfeit and pay a fine of not more than Twenty
Pounds. |
been previously obliterated or drfaced shall bc treated as unpaid, and the Postmaster-General may open, detain, and keep such letters for a reasonable time, until the same shall have been used or produced by him in evidence, and if any person shall wilfully and fraudulently remove from any Post Office stamp, which has been previously used, any mark wllich shall have been made thereon
at any Post Office by way of obliteration or defacement, for the purpose of indicating that such stamp has been once used, or shall knowingly and fraudulently put off or use, or attempt to put off or use, any such stamp, the person so offending shall be guilty of a misdemeanor. and shall be liable to be imprisoned 'with or withouthard labor, for any period not exceeding thke years.
2F. The
28. The Postmaster-General may detain or cause |
ably suspected to be posted, contrary to the provisions of this Act; | |
and every other Postmaster shall forward the same and all refused | |
letters, newspapers, |
29. Exccpt in the case of unclaimed, refused, undelivered, andf; ~ ~ ~ ~ $, " ~ ~ ~ & r
irregularly posted letters, no letter, newspaper, or parcel whatsoever | shall, under any circumstances, be returned to the writer or sender |
thereof, without the express consent of the person to whom the same is directed; nor (except as hereinafter provided), unless by virtue of an express warrant in writing under the hand of the Goverr,or, or of some person by him duly authorized to sign such warrant, shall any letter, newspaper, or parcel be sent or delivered to any other than the person to whom it is addressed, or his agent; or, in case of such person's death or absence, to his personal or other lawful representative or assignee. |
cels which shall have becn ~cccivcd | at any post office, shall be kept , | , | , |
thereat for a period of thirty days, during which time a list hereof thirtv days, | which, list |
shall be esposcd in a conspicuous place in such post office, and at the to
be exposed at as expiration of such period of thirty days, or sooner if the Postmaster rostoffice.
at any such post office shall nsccrtain that the person to whom the
same is addressed is not to be found at such address, the same shall
be forwarded to thc General Post Office, at Adelaide; and the
Postmaster-Gcncrd shall, forthwith, cause the addresses of all such letters, newspapers, and parcels so forwarded to him, to be inserted in a list to
bc opcnly exposed in the post office,at Adelaide.
3 1. The Postmastcr-Gcncral shall, once in every month, or~ ~ g; ~ ~ ~ G; ; ~ a l
oftener if he shall think fit, cause a list to be published in the |
South Australian GovernmentGnzette, of all detained, unclaimed,$&f&'laimed and undclivered letters and parcels from abroad which shall h v e
been received at thc General Post Office, at Adelaide, since the last
prcccding publication of the like kind; and after a period of six
months, such of thc letters and parcels mentioned therein, as shall
not in the meantime have been claimed and delivered, may be
opened, in manner hereinafter mentioned.
and |
to be opened, shall be opened by the Postmaster-General or by an | |
officer of the post |
letter, |
paper, or parcel which he shall open, except so far as i t may be '
necessary so to do for the purpose of ascertaining the name and
address of the writer, and that he will not divulge to any person | , |
whatsoever, except to the Postmaster-General upon demand by him, | |
Attorney-General. |
+
~ | ~ | and undelivered letters, newspapers, or parcels whatsoever, which | ~ | ~ | ~ | ~ | ~ | $ | ~ | ~ | ; | ~ |
shall have been so opened as aforesaid, to be returned to the writers | ||||
| ||||
can be ascertained by examination of such letters, newspapers, or parcels, and such wiiters and smiders sllall thereupon b6 liable to pay the original postage payable thereon, if not prepaid; and if any such writer or sender shall refuse to receive any such letter, news- paper, or parcel, the same may be forthwith destroyed, but he shall nevertheless bc liable to pay such postage as aforesaid thercon. | ||||
prinks |
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to time, inhia own name, on behalf of Her Majesty, for or in
respect respect of the carriage ox conveyance
of the several m a b throughout the said Province, orany or eitfier of them,and to sue andbe sued upon such contracts accordingly;and if any person having entered into anv such contract with the Postmaster-General shall, during the continuance thereof, unlawfully refuse or neglect to perfonn the same, or shall in any manner omit to comply with any stipulation or provision therein, he shall forfeit and pay a penalty orsum of not more than Oue Hundred Pounds, over and above the
penalty recoverable upon such default, by virtue of any bond into which such person, or his surety or sureties, may have entered for the due performance of the contract.
36. In any suit or other proceeding for the recovery of any1. ~ ~ i t. e. ~ e ~ ~ ~ ~ r r
postage, payable under or by virtue of this Act, the person from | ~ | ~ | ~ | ~ | $ | ~ | ~ | g | ~ | ~ | ~ | ~ |
postage sIiall be sought to be recovered, shall purport to have come, | whom any letter, newspaper, or parcel, in respect of which | |
shall be deemed the sender thereof, and thc | ||
|
all cases, be evidence of thc liability thereof to be so charged, and
that the sum so charged thereupon is payable, as and for the postage
thereof.
newspapers which, at the time of the arrival of any hip or vessel |
within be on board of such ship br vessel, dilected to any person or persons within thc said Province or its dependencies, &all be delivered immediately on demand to the Postmaster-General, or any Postrrlaster or Port Officer of such port or harbor, or to any person duly acting for such Postmaster-General, Postmaster, or port officer; exceptingalways Exceptiuns. letters concerning goods on board such ship or vesscl, and to be | delivered with such goods, and lettem containing any conveyance | or other deed, commission, writ, or affidavit, and letters sent by way |
of introduction oiily, or colicerning the bearer's private affairs; and any maater, passenger, or other person on board of such ship or vessel, who shall delay the delivery of, or shall knowingly or negligently dctain on board of such ship or vessel, or keep in his possession any mail bag, mail box, packet of letters, letter, or newspaper (except as aforesaid), after such demand made as afore- said, |
39. The master or commander of any ship or vessel arriving at anyDeclaration to LV
port or harbor in the said Province, shall repair to the Post Ofice at |
,, |
such port, as soon after his arrival as shall be practicable, and shall |
then subscribe
a declaration in the presence of s&e person authorizedby the Postmaster-General to
take such declaration; which declaration
shall
A. B., cormnmder of(state the name ofthe sh@ or wsseu arrived from,state the plaee), do, as required bylaw, solemnly declare, that Ihave to the best of my knowledge and belief delivered, or caused to bedelivered, to theperson duly authorized to receive delivery
ration made, or if
false. | that were on board the |
' such declaration | |
been produced to the collector, comptroller, or principal officer of customs at such port or harbor, he shall not permit such ship or vessel to report; and any master or commander failing or neglecting | |
Jkfails | 40. | All |
or
other vessc~s, to Ee law to be conveyedby post fzom one art of the said Province to the
delivered on arrival other, and whic6 at t&ctime of the akival of any steam boat or other
vessel within the limits of any port, post town, or other place at which mails or mail bags are to be delivered, shall be on board such steam boat or other vessel, shall be delivered, on demand, to any port officer
or Postmaster of such port, post town, or other place as aforesaid, or
to any person duly authorized to act for them or either of them; and any master, commander, or other person belonging to any such | ||||
or neglect to deliver the same on demand as aforesaid, or shall detain or permit the detention of the same on board such steam boat or other | ||||
vessel, or shall not use due diligehce in the delivcry thcreof, as well | ||||
as for the secure and dry custody of the same while they shall be in his charge, shall forfeit and pay for every such offence a penalty or | ||||
lsum not exceeding Fifty Pounds. | ||||
| ||||
nearest Postmaster who is hereby required to pay such master or person) | ||||
Post Office in England, by Government vessels or packets having | ||||
contracted with the Government for cmrying mails; and every such master or person shall gi..cie a receipt for the money so received, which receipt shall be to the Postmaster obtaining such letters or parcels a sufficient voucher, and the same shall be allow~d him in his account accordingly: Provided that it shall be lawful for the said Postmaster-General | ||||
any |
vessel about to depart &amthe said Province shall (afterbehg tht3retageqwired by the Postmaster-Gea~rd or by
any suchPo~sbaawter ox port officer, or by aDy personduly authorized to act farthem, ur eitherof them) refuse or wilfully neglect to xecoive on board such ship or vessel, anyto give a receipt fexthe same, or shall refuse or neglectcarefully to deposit suchmid bag ar packages, in some secure anddry place on board ofsuch ship m vessel, or to convey the same upon her then intended voyage, swchmaster or pcrson shall, for every such offence, forfeit and
pay apenalty or sum not exceeding One Hundred Pounds: Providd that everv such master or nerson in command. who shall re- ceive on doard any such mail &g, or packages, for the purpose of conveying the same, according to the direction thereof, shall be entitled immediately to demand and receive from such Postmaster or port officer, for the carriage thereof, One Penny for every letter
or packet contained therein, newspapers excepted, such master or
Allowanceo tomasteri
person giving a receipt for the amount so received by him, which | |
receipt shall be a sufficient voucher for such payment, and the | |
shall be allowed such Postmaster or port officer in his account |
dingly. | ||
charge of | |
proceed fromv any port dr placc within the said Province to some other port or placc within the same. shall refuse or ncglebt to receive any such Post Office mail on board such steam-boat or other vessel, or to ,give a receipt for the same, being thereto required, be shall forfeit and pay |
Fifty Pounds. |
44. For the conveyance of any mails by wRer from one port, post mow an^ to |
town, or other glace to any other such port, post town, or other l,,,,,, |
place, within the said Province, the master, or commander, or
c~nst?+.
any other person having the charge of any such steam-boat orother vessel, shall be entitled to demand and receive at the rate
and such payments shall be made at such place and time, and under | of One Penny for every letter or parcel contained in such mail; |
such regulations, as the Postmaster-General shall appoint; and every such master, commander, or other person as aforesaid, shaU |
46. | or |
steam-boat or other vessel |
- | master, for conveyance on board of such steam-boat or other vessel, | ||
it shall be lawful for the said Postmaster-General to recover back | |||
veyance of the same in+ a summary manner, before any two or more Justices of the Peace for the said Province, |
47. If any port officer, Postmaster, or other person duly autho- rized to receive or dispatch any such mails as aforesaid, shall neglect |
*:$ | t;Azz2:g | ||
|
for hire or reward otherwise than by post; and if any such letter or | ||
and parcel sent or carried, or taken charge of to be carried, otherwise | ||
than by post, shall be deemed, in any prosecution for this offence, to | ||
have been for hire or reward, unless the contrary shall be shown by | ||
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49. Nothing in the last preceding clause contained shall extend to |
exceedingsixken
any letter or parcel exceeding sixteeu ounces in weight, nor to any | |
writ | letter or parcel concerning goods, sent with such goods, and to be |
delivered therewith, or containing any writ or proceeding out of any | |
Court of Justice, or deed, conveyance, affidavit, or letter of attorney, | |
nor to any letter or parcel sent by any person concerning his or her private affairs by any specid messenger, nor to any |
50. In all cases in which a question shall arise whether a printed |
aper is entitlel to the privilege of a newspaper, so far as respects |
the transmission thereof by post, the question shall be referred to the | |
Governor |
h a l t | 51. |
2 L a - |
~arting, |
in
the bu&nesa ofthe post office, who shall affend against, or wilfullyneglect
neglect or omit to cornply with,any ofthe rules and reflations &I from time to time to be made as aforesaid, or any of the provisions of this Act, shall for everysuch offence, neglect, or omission, forfeit and pay a penalty orsum not exceeding Fifty Pounds.
i 52. If the driver of any mail coach or other carriage used for the
f ~ ~ ~ ~ ~, " ~, " & conveyance of the mail, or the guard, or
any person in charge of a&C.
mail, whether conveyed by any such carriage, or on horseback, or foot,shall loiter on the road, or wilfully mis-spend or lose time, or shall not
in all possible cases, convey such-mail & the speed of such
a numberof miles an hour as are fixed by the Postmaster-General for the con-
veyance thereof, unless the circumstances of the weather, or the
badness of the roads, or the occurrence of any accident, shall prevent
the same, then, and in every such case, the driver or guard, or person
in charge, as the case may be, so offending, and being convicted
thereof, by his own confession, on view of a Justice of the
Peace for the said Province, or the oath or oaths of one or more credible witness or witnesses, shall forfeit and pay a sum not exceeding Five Pounds for every such offence.
:tz& |
twenty-four hours, retain, secrete, keep, or detain, or being requirod ,, | |
by an officer of the post office, shall neglect or refuse to deliver up any post letter, newspaper, or parcel, which ought to have been delivered to any other person, or a post letter bag or mail, whether the |
54. No hackney carriage shall stand or ply for hire opposite the |
General Post Office, nor within twenty yards thereof, on either side | General |
thereof, and every driver or person having the management of any
Oificc. hackney carriage, who shall permit the same to stand or ply for hire
L
contrary to this provision, shall forfeit for every such offence a sum |
not exceeding Five Pounds; and every hawker, newsvendor, or idle or disorderly person, who shall stop or loiter on the flagway or pavement, opposite the General Post
Office, or within twenty yards thereof, on either side thereof, shall forfeit for every such offence,a sum not exceeding Two Pounds.
55. If any person, whether employed in the post office or other- ~~~~~~
%iiDd wise, shall fraudulently take from the possession of any Postmaster,
or aeeroting k e r n B or person employed to canwy post letters, or from out of any post &'*
office, or place appointed for the receipt or delivery of post letters,
or shall steal, or shall for any purpose embezzle, take, secrete, or
destroy any letter, newspaper, or parcel, or mail of letters, or other
pri*d paper, or any matter or thing enclosed in any such letter,
packet, or mail sent, or to be ~ e n t, | by such pout, every such persoil |
so offending shall be | on conviction |
thereof,
: | $ | to |
Money in dead letters
be repaid | |
57. Whenever any person shall be declared insolvent |
the meaning of the laws for the time being in forcc in the said Province, it shall be lawful for the Postmaster-General, upon an .order made in that behalf by the Commissioner of Insolvency for | |
the time being, during the period named in such order, to deliver | |
other person in such order named. |
. | - | aftiaw crf |
ing to $given.
arty port within the said Province for any other port within the same,
give to the Postmaster at the port from which such vessel shallbe about to
sd, six hours' notice in writing of the time, or intended time, of sailing of such vessel: Provided that such lastmentioned notice shall expire between the hours of ninc in the morning and five o'clock in the afternoon; and every such master shall also from time to time give notice to such Postmaster, as aforesaid, of any postponenlent of such time of sailing; and every master of any
vessel who shall omit to give notice | sail |
k a t " inscribed thereon, | |
thm |
letter-box or receptacle for letters to remain open thexeon or
therein for the space of one week after such building shallhave ceased to bea Post Office, or who shall knowingly suffer or permit to be or remain in or upon any such building, not being a Post Office, any words, letters, marks, or devices whatsoever, whereby any person may be misled or iudnced to believe that such building is a Post Sffice, shall forfeit and pay a fine of not less than Five Pounds or
more than Twentv Pounds. |
61. Any person who shall post or ca | o be posted, or attempt pen^;;^;;^; |
to post, any letter or parcel containing any explosive or other dan-
gerous material or substance whatsoever., shall forfeit and pay a
penalty of not less than Five Pouncis nor more than Fifty Pounds.
62. | m carrying mails |
or boat, except the same shall be uscc1 with | the sanction of the | ||
Postmaster-General, the words " Hoyal Mail," |
|
Boat," the letters " It. M,," the device of a crown, or any words, letters, marks, or devices whatsoover, calculatcct-to lead to the belief that suc.11 vehicle is cn~ployed with such sn~iction as aforesaid. or for carrying nlails, shall forfeit a d pay a penalty of not less than One Pound nor more than Five Pounds.
--.
63. Any pcrson who shall post, or cause to be postctl, any obscene Noobercne lcttur to
letter without | any signature, or with an anonymous signatnrs, or a |
signature purportiug to be the signature of any otber person, or of some person who nevcr existed, shall forfeit and pay for every such offence a pcnalty of not more than Twenty Pounds.
livering of any mails, lcttcrs, newspapers, or parcels, who ,shall lose Pounds. |
or omit to clelivcr thc salnc in due roursc, and notwithstanding that the same may be subsequ~ntly found and dclivercd, shall be liable for ewry such loss or omission to forfeit and pay a penalty of not more thin Twenty-five Pounds.
65. The provisions of an Act, passed on the ninth day of De- |
cember, one thousand eight hundred and fifty-three, No. 19, intituled
An Act to provide
for the regulation and licensing of Public Con-veyances, and to prevcnt the wanton ill-treatment of horses and
cattle;" also, an Act, passed on the fourteenth day of September, | |
one thousand eight hundred and fifty-three, numbered |
An Act to amend an Act to provide for the regulation and licensing
of Public Conveyances, and to prevent the wanton ill-treatment of | ?ail |
horses and cattle," shall extend and apply to all convcyanccs used
be hcensed. for carrying mails, and whether at a greater distance from the ex-
ternal boundary of the city of Adelaide than thirty miles or not.
66. |
against the Post Office Department, in any indictment or infor-
o&nccs. mation for
any offence committed upon or in respect of any property
*hich
may be stated to belong to, the Postmaster-General, i t shall
btr sufficient to state any such property to belong to the Postmaqter-General of the said Province, and it shall not be necessary to specify the name or addition of the Postmaster-General; and that whenever in any indictment or information for any offencc committed against this or any other Act relating to the Post Office Department, i t shall be necessary to mention for any purpose whatever the said Postmaster-General, it shall be sufficient to describe such Postmaster- General as the Postm eneral of the said Province, without
any further or other na | ition, or description ~vhatsoever. |
made: Provided that | |
name of Hcr Majesty's Attorney-General, or of thc Postmaster- | |
General, or of some other officer employed in the Post Office department of the said Yrovince. | |
68. When any fine or penalty &.all have been imposed under the of the Peace by wh3m such fine or penalty shall have been imposed, to order that, m default of payment of such fine or penalty, the person on whom such fine or penalty shall have been imposed, may be imprisoned, with or without hard labor, for any period not exceeding six calendar months.! |
penalty# | imptison" | authority of this Act, it shall be l a ~ f u l | for thc Court or the .Justices |
mont. .
69. If any action or suit shall be commenced against any person or persons, for anything done in pursuance of this Act, the | ||
shall | ||
| ||
time before limited for bringing the same, the jur shall find for the | ||
| ||
appeared, or if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover costs, and have the like remedy fbr the same as any defendant | ||
or defendants hath or haw by law in any other cases. | ||
70. The moneys to arise by and from the scvcral rates and duties of penalty under the provisions of this Act (except 'such part thereof | ||
as aforesaid, and 'also all sums of money imposed and levied by way | ||
as may be payable to the party suing or informing in respect |
thereof),
thereof), shall respectively be paid to Her Majesty,
Her heirs, andsuccessors, for the public uses of the said
Province, and insupport of the Government thereof.
Post |
In the name andon behalf of the Queen I hereby assent tothis
Act.
RICHARD GRAVES MACDONNELL,
Governor. Government House, Adelaide,
30th August, 1861.
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