Post Office Act 1866 (SA)

ANNO TRICESIMO

VICTORIB REGIN&.

A. D. 1866.

No. 5.

An Act to consolidate and amend the Laws relating to the Post Oflce

in 8ozcth Australia.

[Assented to, 8th November, 1866.)

4 AS it is expedient to cousolidnte and amend the laws YRELIMINAEY.

r e k i n g to the Post Office in South Australia-Be it there- ham&,

WHERE fore Enacted by the Governor-in-Chief of thc Province of South

Australia, with the ndvicc and consent of the Legislative Couucil and House of Assembly of the said Province, in this present Par- - liament assembled, as foilows:

1. This Act may be cited for all purposes as the "Post Office ah~dt i t le*

Act, 1866."

them rep&led, shall be hereby revived. -

epoal, 4 of 1861,

Post Office Department in South Australia;" and an Act No. 10 10 of 1862. 2. An Act No. 4 of 1861, intituled " An Act to regulate the R

of 1863, intituled An Act to enable the Postmaster-General to

issue Money Orders in the Colony of South Australia," shall be

and the same are hereby repealed, except as to any thiugs done,

appointments made, contracts eutered into, offences committed,

penalties incurred, or proceedings instituted previously to the corn-

mencement of this Act: Prov~ded that all securities given before

the commencement of this Act for the fidelity of any' Postmaster

or other officer or servant of the Post Office, and for the due

accounting for, and payment by them respectively of moneys shall

be as valid and effectual, and of as full force and virtue as if thie

Act had not been passed: And provided that no Act or Ordi-

nance, or portion of Act or Ordinance by the said Acts or either of ,

30° VXCTORTB, No. 5,

Post Ofice Act.-1866.

PRELIMINARY. 3, This A& W1 ?M Zivided into parts, as follows:

PART r.-Gt-eneral Y revisions:

PART 11.-Contracts for Conveyance of Mails:

PART ~rr.-Money Orders:

PART IV.-Offences and Penalties:

P A T V.-Legal Procedure and Evidence:

PABT r. PART I,-General. Provisions:

Governor and Exe-	4. The Governor, with the advice of the Exccutivc Council, may
lutive

make rules for to estab- make rules and regulations for the establishing and man;t@ng of

lishing post offices,	the several Post Offices within the said Province, and the r c c c ~ v n ~ ~,
receipt and delivery
of letwe, &C., &C.	dispntcliing, carrying, and delivering of letters, packets, arid parcels, and the making, custody, and sale of stamps, and the receipt aud
payment of monevs in conucctiou with the said Post Offices, a d
the conduct of all Postlnnsters a i d other officers of the depa~tment; and for the grnntingof i n o ~ ~ e y orders, and the payinent thereof, and in reference thereto, as is liereinafter more particulsrly pro- vided; and the said rules m d regulations luny alter, revoke, or vary, and such other rules and re,qalations may establish in their stead, as with the advice aforesaid he sllnll deem.expedient: Provided tlmt all rules a i d regnlntions heretofore nmde shall co~i-
t ime in force nntil revoked by rr~les ancl rcyulatiolls inade under
the provisions hereof.
00~0rn0rma appoirlt

and remove ost- 5. The Governor, with the advice of the Executive Council, may

msster-General, &c.	from time to t h e appoint and remove a I'ostnmster-Gcocral and an
Impector or Inspectors of Starups, and may appoint and remove, or depute to the said Postmaster-General, the power to appoint aud remove such officers, clerks, and servants, as may be required for the General Post Ofice, Adelwidc; and the said Postmaster-Geueral
may, from time to time, appoint and remove Postmasters for the various post towns and places out of Addaide, and, may require and take from such Postmasters such security as the Governor,
with the advice aforesaid, by- my regulatious published in the Government Gazette, shall from time to time.fix.
Declaration to be	6. The Postmaster-Gcned, and every other Postmaster, letter before the exercise by him of the duties of his office, take and subscribe a declaration for the due execution of such duties beforc one of Her Majesty's Justices of the Peace for the said Province (wbich'decla- ration such Justice is hereby authorized and required to administer)

madeb	Pnatmastcr-	carrier, or other person hereafter to be appointed under this Act, shall,
&tmJ	Poatmnatei a,

letter-cprrieq BC.

in the words following, that iq to ~ f t y - ~ ~ I, A.B., do solemnly and

sincerely declare, that I will not willingly, or knowingly open, detain, return, or delay, or cause or suffer to be opened, detained,

returned, or delayed, any letter or packet which shall come into

my

30" VICTORIB, No. 5.

Post Ofice Act.-1866,

my hands, power, or custody, by reason of my employnient relatiug	PAST r.
to the Post Office, e x c e ~ t bv the conscnt of the aersou or lsersons to whom such letter or pack& shall be directed, or by an kxpress warrant in writing for that purpose under t b hand of the Gover- nor. with the advice of the Executive Council, or uudcr the hand of so& person duly authorized by him in that bkl~alf, or unlesa other-
wise in pursuance and under the authority of any of the provisions
in that behalf contained in any Act, law, or duly authorized regula- tion in force within the Province of South Australia., now or here- after passed and made, or to be passed and made, for or in relation
to the postage and conveyance of letters."

7. ,411 letters transmitted or receivcd by post,, except as herein- ~e t t er s to be chargod

after cxce~tcci. ehall. from and after the ~nssing of this Act be 'Y weight*

charged bJ; weight ohy, according to tlre foilowini sede, that is to

say-for any weight not exceeding half an ounce avoirdupois, onc

rate of postage; for any weight exceeding half an ounce avoirdupois

and not exceeding one ounce, two rates of postage; and so on for

each additioual half-ounce or fraction of a half-ounce a n additional

rate of postage.

8. The folloming shdl be the rates of postage payable according Rater of Portage.

to the scale aforesaid upon letters (except as hereinafter excepted) transmitted or received by the post, that is to say-upon all letters posted at any post officc for delivery within the said Province, the sum of Twopence; upon all letters to be transmitted by ship or otherwise to places beyond the limits of the said Province, the sum of Sixpence; and upon all letters received, either by mail or in ship's bags, from beyond the limits of the said Province, and delivered therein (except in cases where the Governor, with the advice of the Executive Council, shall have made arrangements as hereinafter mentioned), the sum of Sixpence.

9. The postage upon all letters, newspapers, and parcels which	All lettern,newspaperq
and parouls must be

shall be posted at any Post Office within the said Province, excepting repaid, except as

in cases in which the prepayment shall be optional, under any	E ereinafter	excepted.
of the provisions of this Act, shall be prepaid by the person who
shdl desire to have the same transmitted by post, and such prepay-
ment shall (except as hereinafter provided) be made by the affixing

thereon of stamps: Provided that all letters, newspapers, and parcels	under penalty of pay-
Postnge to be prepaid
which shall be posted in, and addressed to, places within the said	ment of double pout-
Province without the postage being prepaid, or with deficient postage,	age.
shall be charged a postage of double the amount of deficient or unpaid postage: Provided also, that no prepayment of postage shall be requisite, nor shall any double rate of postage be chargeable on letters received from beyond the sea, for dehvery in the said Province.

10. It shall not be necessary to prepay, by stamp or other- N o p r e p a ~ e n t neceeary m reapeat of

wise, the postage upon letters or parcels containing only returns of return# of ~irthn, h,

births, 6

30" VICTORIA3, No. 5.

Post O@ce Act.-- 1866.

births, marriages, and deatbs, transmitted in compliance with the provisions of the law in that behalf, by ministers of religion or other persons, whose duty it may be to transmit such returns to

any officer appointed to receive the same; but the postage thereon

shall be paid by the said officer on delivery of such letters or parcels respectively: Provided that the same shall contain such returns only, and shall, on the outside thereof, be stated to contain such returns only, and be signed by the minister or other person transmitting the same:

11, The following classes of persons may both send and receive

letters, not exceeding half an ounce in weight, by post, on their own private concerns, on prepayment of a postage of One Penny for each letter, either in the said Province, or elsewhere (as the case may be), namely, every seaman employed in Her ~ a j e s t ~ ' s

Navy, whilst such seaman shall be actually employed in Her Majesty's service; every sejeant, corporal, drummer, trumpeter, fifer, and private soldier in Her Majesty's Regular Forces, Militia, Fencible Regiments, Artillery, or Royal Marines, whilst actually employed in IIer Majesty's service; but the letters of colnmissiolled officers, or warrant officers, whether in the Army or Navy, or

midshipmen or mates of the Navy, are not inclcded in thispro-

vision; and with respect to letters sent by any such privileged persous, the following conditions shall be observed, that is to say, the postage of each letter, unless sent from parts beyond the seas as hereinafter mentioned, shall be paid on sucli letter being put into a Post Office; and upon such letter shall be subscribed the

name of the writer, and his class or description in the vessel, regi-

ment, corps or detachment to which he shall belong; and upon every such letter there shall be written, in the handwriting of, ana signed by the officer having at the time the comnmnd of the vessel, or of the regiment, corps, or detachment to which the privileged person belongs, the name of such officer, and the name of such vessel, or of sucli regiment, corps, or detachment; and with respect

the following conditions shall be observed, that is to say-the to letters received by post by atiy of the said privileged persons, postage of each letter, unless sent from parts beyond the scas as hereinafter mentioned, shall be paid upon its being put into a Post Office, and it shall be directed to the privileged person, specifying on the superscription thereof the vessel, or the regiment, corps, or detachment, to which he shall belong; and whenever the letters sent or received by any such privileged persou shall be sent from parts beyond the seas, and shall appear to have had any postage whatsoever prepaid thereon, no Colonial postage shall be charged on delivery thereof within the said Province.

00vernor and Exe-

autive Council may 12. The Governor, with the advice of the Executive Council,

mange nu to prepay-	may make, or cause arrangements to be made with the Postmaster-
ment of letters to
Britain or foreign	General of England, and with the constituted authorities in foreign

port& ports

30" VICTORIE, No. 5.

Post O@ce Act.-1 866.

ports and separate Colonies, for the prepayment or for the optionh	PART	I.
prepayment thereat, by stamps or otherwise, of the postages pny- able under the provisions hereof, or of such sum as may form a fair proportion, or an equivalent for such pro ortion of such it rate ~f
postage as shall be arranged to be pay& e in Great Britaiu, or in f
any sucb foreign ports or separate Colonies, for the entire postage
between the place at which the letters, newspapers, or parcels cllargeable therewith, shall be posted, to the place of delivery; and also may make, or cause to be made, arrangements for the prepay- ment or fbr the optional prepayment in the said Province, on letters, newspapers, or parcels to be sent fiom the said Province to Great Britain, or to such foreign ports or separate Colonies, of the 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 betwcen the place at whicli any such letter, newspaper, or parcel shall be posted aild the place of delivery thered; and as to the proportiorl of or equivalent for such proportion of such entire sum, which shall be ret&ued for the use of the said Province.

13. A11 newspapers printed in the said Province, posted at some CoIoniat nowspnpero,

office within the limits of the city or town in which such news- ~ ~ ~ ~ ~ ~ ~ P, " ', " ~, , ~,

DaDers shall have been minted, and within seven days of the ifunderopcn COY^^,

J. L ,

and not written upon

date of publication, and' all newspapers published aGd posted addl.ers,

within the said Province for delivery beyond the limits of exempt. the same, and all newspapers received" t l ~ o b ~ h the Post Office from places beyond the limits of the said Province for delivery within the sank shall, if unenclosed, or enclosed in any cnvelope open at both ends, be received, conveyed, and delivered free of all postage whatever: Provided that no newspaper shall contain any note, letter, memorandum, or other thing, or writing therein or thereon, excepting only the direction on the outside thereof, and that the exemption from postage shall not cx t e~d 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. 14. Thc sum of One Penny shall be prepaid for every newspaper Poetngo OP M, on .U

that is not entitled to be delivered free of postage. - papers not entitled to free delivery.

15. Every copy of a paper containing any public news or occur- Newspapers du&~d.

rences, or auy remarks tliereon, or upon any political matter, or containing only or principally advertisements, and printed for sale, may be sent by post as a newspaper within the meaning of this Act, if it shall be periodically published in parts or numbers, at intervals not exceeding one mbntll; and every such part or number

shall be deemed to be a separate newspaper within the meaning

aforesaid.

' 16. Mcinbcrs of the Executive Council ancl Mcmbers of the Petitionato the GO-

Legislature may receive by post, Parliamentary documents, peti- vernor Council or or Exccutivc Legieia-

$ions, ture exempt, if unde

G ' open oovrrr.

90 30('VICTORIB, No. 5.

Post Oflce Act-1866.

Paxr I. tions, and addresses to Her Majesty, His Excellency the Governor, the Executive Council, or either branch of the Legislature, exempt from postage: Provided such documents, petitions, and addresses, be sent without covers, or in covers open at both ends, and do not exceed thirty-two ounces in weight.

Rate OI postage on 17. All parcels posted' in the said Province shall be prepaid by

parcels.	means of stamps; and the postage payable on all parcels for delivery within the limits of the said Province shall be as follows, that is to say, for any weight not exceeding four ounces the sum of Twopence, and the additional sum of One Penny for every additional ounce or fraction of an ounce; and the postage payable on all parcels for delivery without the limits of the said Province shall be
as follows, for any weight not exceeding one quarter of a pound
Four ence, and the additional sum of Fourpcnce for every addi-
tiona quarter of a pound or fraction of a quarter of a povnd: P Provided that no parcel of inconvenient weight or dimension

S	shall be transmitted by post to any place to which the mails shall be conveyed on horseback, unless the Governor, with the advice of
the Executive Council, shall so direct.

Parcel* defined. 18. Parcels shall not exceed three pounds in weight, nor be of

greater dimensions in any one way tban two feet, nor shall there be in or upon any parcel or the cover thereof any letter or epistolatory communication or intelligence, and on the outside of every enclosed parcel in addition to the name and address of the person to whom the same is to be delivered, the sender thereof shall subscribe or caused to be pririted his name and address with a statement of the contents in the following form, that is to say :-U Parcel without letter: " Provided that it shall not be necessary to certify the con- tents as aforesaid of any parcel which is unenclosed or enclosed in covers open at the ends or sides.

what thiop not to be	19. NO packet containing any glass or glass bottles, razor, scis- sors, knife, fork, or other sharp or pointed instrument, leeches, game, fish, flesh, fruit, vegetables, or other like perishable substances, or any bladder or vessel coutaining any liquid, or any matches or other inflammable or explosive substance or corny ound, or any article, matter, or thing whatever which might by pressure or otherwise be or be rendered in any way injurious to the contents of the mail-bags or to the officers of the Post Office, shall be deemed to be a parcel within the meaning of this Act, nor shall any such packet be sent or transmitted by post whether as a parcel or otherwise; and any Postmaster may refuse to transmit by post any packet purporting
deemedparoe180raent	bp post.
to be a parcel which shall contain or be reasonably suspected to
contain any such things as last aforesaid.

30" VICTORIZ, No. 5. 21

Post O@ce Act.-1866.

received into any Post Office for transniission or delivery by post, PABT I.

not being n newspaper or parcel as hereinbefore defined, or not being ,,,p,,s , h , , ,

entitled to be transrxlitted'free of postage under any of the ~ r o ~ i -

to be deemedletterm.

sions of this Act shall be deemed to be a letter, and shall be liable

to and chargeable with postage accordingly.

21. The Postmaster-General or Inspector of Stamps, shall, with AS to making and #ale

the approval of the Government, cause stamps to be made or 0 ~ ~ * a t a g e 8 h ~ *.

procured and sold, indicating such amounts of postage as may be

directed in that behalf by the Govcrnmeat.

22. The Postmaster-General may grant a licence to any person to ~ostmmter-~eneral

deal in or to retail stamps; and any such person or my Postmaster ~	~	~	~	~	~	~	~	p	'	~
who may obtain from the Yostmaster-General, a t any one time, stamps to the value of Five Pounds or upwards, shall be allowed thereon a rebate at the rate of Two Pounds and Ten Shillings in the Hundred Pounds.

23. The stamps upon all letters and parcels shall be affixed or Eon stamp^ ~luu be

impressed upon the outside thercof, and on the same side as thc address, and no Postmaster shdl be bound to take any notice of stamps which shall be affixed elsewhere upon any such letters or parcels.

24. I t shall be incumbent on every postnlaster to procure and postma~tters to keep

keep on hand a sufficient supply of Post Office stamps for sale, :E;F~"PP'Y ''

without premium, and in such quantities .as the Postmaster-General may authorize or direct, to all persons desirous of purchasing tho same; and whenever it shall happe~l that m y such Postmaster shall not have any stamps of the requisite value for sale as afore- said. then and in &ch cise nrepaym&t on any such letters, news- L * "

or parcels may be made in coin, and &all be acknoGledged by the said Postmaster upon the face of the letter, newspaper, or . -

parcel so prepaid.

'lt shall be the duty of every Postmaster to see that every post letter, newspaper, or parcel bears a stamp or stamps of the proper: ~ ~ ~ ~ ! ' ~ ~ ~ $ ~	Postmasters to aee
amount, according to the rate for the time being established
by law.

25.

26. In case anv Fostmaster shall sus~ec t or believe that any HOT Postmaster msv

letter, newspaper,# or parcel put into his 'office or received by hi& act ia regard to lettei8 put in ae being ox-

as such Postmaster, and purporting to be a letter, newspaper, or cmpt, as~harge-

parcel cowing within any of the exemptions hereby created, or ofpo8tsge,	able at a lower rate
belonging in respect of its contents, to one of the classes in which the lower rate of postage hereinbefore mentioned is chargeable, does not in fact contni~ solely md only that which the same shall so pur- port to contain as aforesaid, or contains some paper, note, or other

thing in vriting, which under this Act would subject such letter,

newspaper, or parcel to postage, or to the higher rate of postage as

the

30° VICTORIB, No. 5.

Post Ofice Act.-1866.

PABT X. the 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, newspaper, or parcel was originally liable, and such amouut shall be 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, nevspnper, or pared, be made to appear to the satisfaction either of the Yo~tmaster by whom the same was so delivered, or of the Postmaster-General, that the mme was not in fact liable to postage, or to a higher rate of postage, then the amount of such surcharge shall be relurned to the party who shall have paid the same: Provided also, that if tlic person to whom the lctter, news- paper, or parcel is delivered &all so require, the Postmaster by whom the same shall be so delivered shall, a t the time of such delivery thereof, examine not only tlie outside but the contents of the said lctter, newspaper, or parcel in that person's presence, and thereupon demand and take only the postage lawfully due thereon, according to the provisions of this Act.

ht tere posted 27. The Postmaster-General may detain or cause to be detained,

sOntrav this PUY letters, new~pa~pers, or parcels whicli shall be pouted, or resson-

may be detained.

ably sdspectcd to be posted, contrary to the provisions of this Act; and the same, and all refused snd u~idelivered letters, newspapers, or parcels s h l l be forwarded to the General Post Officc at Adelaide; and all such irregularly posted and refused and undelivered letters, news- papers, and parcels shall he inmediately opened at the said General Post Ofice at Adelaide, in manner hereinafter provided, for the pur- pose of ascertaiuing the writer or sender thereof; and the Postmaster- General may dctnin any such letter, ncwspnper, or parcel, so posted contra6y to the provisions of this Act, for the purposc of cnabling him to sustain any prosecution which he may institute in respect of such letter, newspaper, or parcel, so posted as aforesaid.

Letter8 may be	28. The sender of any post letter, newspaper, or parcel, upon which the proper amount of postage, and an additional sum of Four- pence, sball be prepaid by stamps, shall be entitled to have the same registered at the Post Office; but such registration shall not reuder
rcgiatered.

any Postmaster, or the Post Office or General Revenue, in any

manner liable for the loss of any such post letter, newspaper, or parcel, or the contents thereof; and all registered letters aud packets shall be received at any post office, 2nd also be delivered at the plme of delivery, at or between such hours in the day, and under such regulations in every respect as the Postmaster-General

shall from time to time appoint.

No letter rna be 29. Except in the case of unclaimed, refused, undelivered, and

returned to I h' e writer irregularly posted letters, no letter, newspaper, or parcel whatsoever

m thereof

0themi.e than	shall, under any circumstances, be returned to the writer or sender
herein mentioned.	thereof, without the express cousont of the person to whom the same is directed; nor (except as hereinafter provided), unless by

30° VICTORIB, No. 5. 23

Post Oflce Act.-1866.

virtue of an express warrant in writing, under the band of the Chief	PART	r.
Secretary, or of somc 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 dr other lawful representative or assignee.

30. All unclaimed and undelivered letters, newspapers, and par- Unclaimed and nn-

cels, which shall have been received at any post office, other than ~ ~ l ~ ~ ~ : ~ ~ ~ ; i $ ~ ~

the General Post Office at Adelaide, shall be kept therest for a days, during which list thereof to be ex-

period of thirty days, during which time a list thereof shall bo ex-

at tbu l,ostofics.

posed in a conspicbous place in such post office, and at the expiration of such period of thirty days, or sooner if the Postmaster at any such post office shall ascertiin that the person to whom the same is addressed is not to be found at such address, the same shall be for- warded to the General Post Office at Adelaide; and forthwith, upon receipt of any such letters, newspapers, or parcels, so to be forwarded to him as aforesaid, if the same have been posted in the said Province, the Postmaster-General luny cause the same to be opened, as herein- after mentioned.

3 1. The Postmaster-General shall, once in every month, or oftener ~ostmnet~f-ameral

if he shall think fit, cause a list to be published in the Governmefat Obl;mmenl GgralC to publish in the

Gazette, of all detained, unclaimed, refused, and undelivered letters a l i a t ofun~laimed

and parcels from abroad which shall have been received at the letters, &c. of the like kind; and after a period of six months, such of the letters and parcels mentioned therein, as shall not in the meantime have been claimed and delivered, may be opened, in manner hereinafter mentioned.

32. All letters, newspapers, and parcels which shall be required H o r and by whom

to be opened, shall be opened by the Postmaster-General, or by an ~ ~ $ $ ' ~ ~ 6 ~ ~ f 4 & c m ~	that purpose by the Postmaster-General; and such officer shall, officer of the Post Office at Adelaide, to be specially nominated for	before he shall enter upon his duties in this respect, make oath or
affirmation before the Postmaster-General (who is hereby authorized to administer such oath or affirmation) that he mill not intentionally read the contents, or any part of the contents of my letter, news- paper, or parcel, which he shall open, except so far as it may be necessary so to do for the purpose of ascertaining the name and ad- dress of the writer or sender of the same, and that he will not divulge to any person whatsoever, except to the PostmastwGeneralal upon demand by him, any of the contents of any such letter, newspaper,
or parcel which may have come to his knowledge in the course of
opening and examining the same for the purpoae aforesaid.

33. The Postmaster-Genera1 shall cause all detained, unclaimd Detained cr unclaimed

30" YICTORIB, No. 5.

Post Ofice Act.-1 866.

PAXT I. which shall have been so opened as aforesaid, to be forthwith returned

payment ofposbge

to the writers or senders thereof, if the nnme and address of the writer

thereof.

or sender can be ascertained by examination of such letters, newspapers, or parcels, and such writers and senders shall thereupon be 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 be liable to pay such postage as aforesaid thereon.

PoBtmnlter-~eneral 34. The Postmaster-General may cause to be destroyed or sold

daetrOy au

printed documents,	all pamphlets, magazines, reviews, and periodical publications, and
patterns, &C.,	all printed Votes and Proceedings of Parliament and of Colonial
for six months or	Legislatures, and all prices current, catalogues of merchandize, and
UP wards ;	patterns and sam les of merchandize, which shall continue to be
unclaimed or unde p ivered after the lapse of six months from the date of the publication of the list in which they shall have been adver-
tised, or in case of letters, newspapers, or parcels, returned from Inland Post Offices, as aforesaid, after the lapse of six months from

Analettem remaining their return to the General Post Office; and he may cause to be

unclaimed for one year. destroyed all newspapers which shall have remained unclaimed for

the period of six months; and also all unclaimed, refused, un- delivered, and irregularly posted letters, newspapers, and par eel^, and which shall have continued to be so unclaimed and undelivered for the period of one year after the advertisement or return thereof

as aforesaid: Provided that in such last mentioned case, a list shall

be preserved of every such letter containing money or valuables,

showing the address thereof, and the name of the writer, and of the

place at which the same purpvrts to have been written.

Y~~~~ in asad letten 35. If upon the opening of any dead letter or parcel, the same Postmaster-General shall pity the same money or the price of such article of value, after disposing of the same, to the Treasurer, to be

to Treasurer. parcels to be paid shdl be found to contain any money or article of value, then the

repaid to the person entitled thereto, upon proof being given to the	satisfaction of such Treasurer that the person claiming is so entitled:
Provided that no article of value contained in any dead letter or parcel, shall be disposed of until six months after the opening of such letter or parcel containing the same.

Letter8 of insolvent# 36. Whenever any person shall be adjud~ed insolvent within

to be delivered to	the rneai~iqg	of the laws for the time being in force in the said
O5eial Bssignee.

Provihce, it shall be lawful for the Commissioner of Insolvencv

to order that until a date to be specified in such order, such da;e

not to be later than the time wheu such insolvent shall have passed his last examination, the Postmaster-General shall deliver any letter addressed to such insolvent to the Official Assignee or other person in such order named, and the Postmaster-General shall deliver such

letters accordingly.

37. The

30' VICTORIB, No. 5. 25

Post Ofice Act -1866.

37, The Governor, with thc advice of the Executive Council, may from time to time, by Proclamation to be published i; Goveernoor PART I.

may &er *

the Government Gazette, alter aud vary the rates of postage payable ~ t ~ t; , " t f ~; ~ j;

on letters, newspapers, or parcels, or any of them, aad may fix such not exceea tt. r.ta

other rates of postage as to him may seem expedient, aud such new fixed	Act.
rates of postage may also from time to time alter and vary; but so that in no case shall the rate of postsge, payable in respect of any such letters, newspapers, o r parcels, or any class thereof (except as herein next mentioned) excced the rates of postage fixed

by this Act for the same respectively. i

38. The Governor may also from time to time, with the advice Governor may in- crease rate of postage,

aforesaid, and by a like Proclamation increase the rate of ,, ,,igo letters in

postage payable in respect of letters, newspapers, or parcels, to order to a8similab	be dispatched from the said Province to the United Kingdom or to other countrioe same with that of
any Colony or dependency of the said Hiugdom, or to any Foreign State, but so that iu no case shall such rate of postage bc so in- creased except for t.he purpose of assimilating the r a b of postage payable as aforesaid with the rate of postage payable in the said United Kingdom, other Colonies, or Foreign States, as aforesaid and in order to secure a system of reciprocity and uniformity o f rates.
PART 11.-Contracts for conveyailce of Mails. PART rr.
shall be from time to time in that behalf given to him by the Chief vey ance of mails. 39. The Postmaster-General may, under such instructions as Contracts for con-
Secretary, enter iuto any contract or contracts, in writing, from time to time, iu his 'own name, on behalf of Her Majesty, for or in re- spect of the carriage or conveyance of the several mails throughout the said Province, or any or either of them, and may sue and be sued upon such contracts accordingly.

40. All mail bags and nackages. and also all loose letters and 6 h i ~ lettara inwards

newspapers which 2 t the &me o? the arrival of any ship or vessel & $ ~ ~ ~ ~ ~ ~ ~ L

within the limits of any port or harbor in the said Province, shall be on board of such sh'lp'or vessel, directed to any person or p&sous within the said Province or its dependencies, shall be delivered immediately on demand to the Postmaster-General, or any Postmaster or Port Officer of such port or harbor, or to any person duly actins for such Postmaster-General, Postmaster, or Port Officer; excepting Bxocptiom.

always letlers concerning goods on board such ship or vessel, and to be delivered with such goods, and letters containing anv conveyance or other deed, commission, writ, or affidavit, and letters sent by way of introduction only, or concerning the bearer's private affairs.

41. The master or commander of any ship or vessel arriving at Declaration to be

any port or harbor in the said Province, shall repair to the Post made by masten of vessels, on arrival, ar

Office at such port, as Boon after his arrival aa &all be practicable, to l ~ =

and

30" VICTORIB, No..

Post Oflce Act.-1866.

PART 11. and shall then subscribe a declaration in the presence of some person authorized by the Postmaster-General to t ike such declaration; which declaration shall be in the form or to the effect following,

Form ofDeclaration. that is to say-"I, A.B. comniander of ' t a le the nume of the ship

or vessel) arrived from @late t7w place), do, aa required by law,

solemnly declare, that I have to the best of my lrnowledge and belief delivered, or caused to be deliver&, to the person duly authorized to receive delivery thereof, every letter, bag, package, or

parcel of letters, or packets that mere on board the (state the name

of she ship or vessel), except suchletters as arc exempt by law from

postase;" and until such declaration shall have been made, and a certificate of the makin; thereof, under the hand of the officer taking

v

the same, shall have been produced to the collector, coinptroller, or priocipal ooicer of customs at such port or harbor, he shall not pertnit such ship or vessel to rcport.

Remuneration to	42. Every master or other person in charge of any ship or vessel arr iv i~~g from parts bevond the said Province, except Government vessels or packets cbrying mails under any contract with the Government of' the said Province, shall be entitled at any time after the expiration of twenty-four hours next after the arrival of such ship or vessel, to receive from the nearest Postmaster (who is hereby required to pay such master or person) the sum of One Penny for every letter or parcel, newspapers excepted, so delivered on denland as aforesaid, or delivered voluntarily to any Postmaster, or port officer, or at any Post Ofice; and every such master or person shall give a receipt for the money so received, which receipt shall be to the Postn~aster obtaining such letters or parcels a sufficient voucher, and the mme shall be allowed him in his account accordingly: Provided that it shall be l a ~ f u l for the said Postmaster-General to withheld the said gratuity, or a part thereof, in cases when tllo master of such vessel shall hare been guilty of any l~egligence or delay in the dclivcry of the mails for-
maatere
warded by such vessel.
AUOWB~CO to mmtm	43. Every master or person having the command of m y ship or vessel about to depart from the said Province, except Government or contract vessels, or packets as aforesaid, who shall receive on board any mail hag, or packages, for the purpose of conveying the same, according to the directions thereof, shall be entitled immedi- ately to demand and receive from the Postmaster or Port Officer, who shall require him to take the same, for the carriage thereof, One Penny for every letter or packet contained therein, newspapers ex- cepted, such master or person giving w receipt for the amount so received by him, which receipt shall be a sufficient voucher for such payment, and the same shall be allowed such Postmaster or port officer in his account accordingly.

ship

letters outwards.

Allowance to rna8t.m 44. For the conveyance of any mails by water from one port,

of ateamera, &C., for PO&

30° VVZCTORIE, No. 5. 27

Post Ofice Act-1866.

post town, or other place to any other such port, post town, or other PAR* Irg place, within the said Province, the master, or commander, or any ]otters oonvoyod other person having the charge of any such steam-boat or other oOmtw'e.

vessel, except Government or contract vessels, or packets as afore- said, shall be entitled to demand and receive at the rate of One Penny for every letter or parcel contained in such mail; and such payments shall be made at such place and time, and uilder such regulations as the Postmaster-General shall appoint; and every such master, commander, or other person as aforesaid, shall give a receipt for the amount so rcceived by him, which receipt shall be to the Postmaster-General, or to any Postmaster, or other person as aforesaid, making such payment, a full and valid discharge for the same; and the said Postmaster-General, and every such Post- master, and other person, in passing his accounts, idrall receive credit for every such sum or sums which shall be therein mentipned accordingly.

45. The master of every vessel carrying letters or mails shall Master to provide secure lockers, &c.

kee the same in some secure lockers or place, and it' he shall

-neg ect to do so shall not be entitled to any reward or gratuity for

carrying such letters or mails.	P
46. Every master of any vessel, except Governnlent or contract Tventy-four hours' notice of time of sail-

vessels, or packets as aforesaid, shall before sailing from any port ing to

given,

within the said Province for any place beyond the limits thereof, give to the Postmaster at the port from which such vessel shall be about to sail twenty-four houru' notice, in writing, of the time or intended time of sailing of such vessel; a d every master of my vessel not carrying mails under any such contract ss aforesaid s h d, before sailing from any port within the said Province for any other port within the same, give to the Postmaster at the port from which such vessel shall be about to sail, six hours' notice, in writing, of the time or intended time of sailing of such vessel: Provided that

such last-mentioned notice shall expire betweeu the hours of nine

in the morning and five o'clock in the afternoon; and every such

master shall also from time to time givc notice to such Postmaster

as aforesaid, of any postponemcnt of such time of sailing.

PART IU.-Money Orders:

47. The Governor, with the advice of the Executive Council, Governor may make

may fiorom time to time (subject to the provisions of this AC$); ofmoney	arrangementsfor issue
make arrangements with the Postmaster-General of the United Kingdom, oFwith the proper authorities of any British possession, or foreign country, for the issue and payment by means of the Post Office of money ordera between South ~us t r a l i a and the said United

Kingdom, or country, and for the accounting for and

transmission of moneys connected therewith.

48. The Governor may from time to time, with the advice @vernorma~ makee, rescind, or alter regu-

of the Executive Council, make, rescind, or alter such re- lation~ rektlng to

ati ion^ money ordera.

I

30' VICTORIB, No. 5.

Post Oflce Act.-1866.

gulations as shall be needed relating to money orders and to the persons by or through whom, and the places where; and the times when, and the manner and form in which, and the restrictions as to number and amount under which money orders shall be issued, and to the persons in favor of whom, and the places where, and the times when, and the manner in which all money orders issued shall be payable, and to the length of time during which money orders shall be current, and after which they shall become void, and to the cir- cumstances under which the Postmaster-General may refund the whole or part of the money paid for any money order, and under which he shall cease to be liable to pay the money made payable under any money order. and to the manner of forwarding messages or advices through the electric telegraph, or otherwise of transmit- ting moneys and of managing credits, accounts, and other matters and things necessary to be forwarded, transmitted, or managed in reference to money orders, and relating to every other matter or thing necessary to be regulated or done for perfecting a system whereby the public may be enabled promptly and safely to remit small sums of money through the Post Office.

Regulutions to bind

49. All such regulations shall be binding and conclusive upon the pewons in favor of whom such money orders shall be issued, and the payees thereof, and all persons interested through or claim- ing under thorn, and upon all other persons whomsoever, and shall have the same force and effect in all respects as if contained in this Act,

all peraone.

No action to be

brought in respect of

50. No action, suit, or other proceeding a t law, or in equity, General, or a,ny officer of the Post Office, or any other person whom- soever for or by reason, or in consequence of any such regulations, or of any compliance therewith or otherwise in relation thereto, or for or by reason or in consequence of the refunding or the payment of the amount or part of the amount of any money order or any

money orders, d e n s

shall be brought, instituted, or commenced against the Postmaster-

for wilful default.

poundage therefor being refused or delayed, or on account of acci- dental neglect, or omission, or mistake, or of any other cause what-

soever without fraud or wilful misbehaviour on the part of any

person chargeable therewith.

NO monq order8 to be

iasucd fez more than 5 1. NO money order shall be granted for a larger sum than Teu

$10. Pounds.

~oetmtutcr-~enerd 52. The Postmaster-General shall demand and receive for the

may demand and	receive rates or use of Her Majesty, in respect of all money orders issued, such
poundage fixbaby the rates of poundage as the Governor, with the advice of the Governor. Executive Council, shall from time to time order, and such rates

of poundage shall be demandable and receivable by the Postmaster- General, and shall be applied when received to the same purposes and in the same manner as all other moneys received by the Post- master-General are by law.

30"ICTORIB, No. 5. 29

Post Ofice Act.--1 866.

P ~ n. r IV.-Offences and Penalties:

master-General for the carriage or conveyance of any mails shall, out contract, 53. If any person having entered into any contract with the Post- ~ ~ ~ ~ $ ~ ~ ', " ~;

during the continuance thereof, unlltwf~dly refuso or neg!g!ect to perform the same, or shall in any manner omit to comply with any stipulation or provision therein, he shall forfeit and pap a penalty or sum of not more that Oi~e Hundred Pouuds, over an$ above the penalty recoverable upon snch default, by virtue of any bond into which such persou, or his surety or sureties, nlny have entered for the due performance of the contract.

54. Any master, passenger, or other person on board of any ship ~,a~~s;~p;;,";;ia

or vessel, arriving at any port or hnrbor in the said Province, who not delivering letter'

shall delay thc delivery of, or shall knowingly or negligently detain 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 mentioned in clause 40), after demand made, as in such clause men- tioned, shall forfeit. and pay for every letter or newspaper so delayed, detained, or kept, a penalty or sum not exceeding Fifty Pounds.

55. Any master or commander of any ship or vessel arriving at Penalty onmater6 of ships inwards

my port or harbor in the said Province, failing or neglecting to neglecting to make

make the declaration prescribed by clause 41, or making a fdse declaration#

declaration, shall forfeit and pay a penalty or sum not exceeding

Fifty Pounds.

56. All mail-bags and packages which arc conveyed, or required Penalty for not a@-

by law to be conveyed, by post from onc part of the said Province veyed c0agt,i,, livering mails con-

to another, and which at the time of the arrival of any &earn-boat steammor vessela, on arrival i ~ d

or other vessel, within the limits of any port, post town, or other demand,

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 mch port, post town, or other

place, as aforesaid, or to any person dulv authorized to act for them,

or either of them; and any master, c&mander, or other person

belonging to any such steam-boat or other vessel having charge of such mails, wLo &all neglect or refuse to deliver or return 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 such diligence in the delivery thereof, 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 sum not exceeding Fifty Pounds.

57. If any master or person having the command of any ship or Penalty o ~ m ~ t e r ~ o f vessels refueing to

vessel about to depart from the said Province sllall (after being bke m a ~ g,

thereto required by the Postmaster-Gcneral or by any such Post-

master- or Port Officer, or by any person duly authorized to act for

them, or either of them) refuse or wilfully neglect to receive on

board such ship or veasel, any mail-bag or packages, or to give a

receipt

Post O$ice Act.-1866.

PART IT. receipt for the same, or shall refuse or neglect carefully to deposit such mail-bag or packages in some sccure and dry place on board of such ship or vessel, or to convey the same upon her then intended voyage, such n~aster or person shall, for every such offence, forfeit and pay a penalty or sum not exceeding One Hundred Pounds.

of atamem

or other vessels coast- 5 8. If the master, commander, or 0th er person having the charge

niae to take of any steam-boat or other vessel proceeding or about to proceed

mds,~derapenalty. from anv ~ o r t or dace within the said Province to some other aort

or place*Ahin th; sarne, shall refuse or neglect to receive any iuch post office mail on board such steam-boat or other vessel, or to give a receipt for the same, being thereto rcquired, he shall forfeit and pay

a penalty or sum not exceeding Fifty Pounds.

~onal tyfor not giving 59. Every master of any vessel not carrying mails under a con- tract with Her Majesty's Government, or with the Government of the said Province, who shall omit to give notice as is required by clause 46, or who shall depart from the said port before the expiration of the time mentioned in such notice, shdl for every such offence forfeit and pay the sum of Fifty Pounds.

safibg.

Voasele not sailing

pursuant to notice, 60. Whenever the master or person having the command of any

mails and gratuities	steam-boat or other vessel shall have received mails from any Post-
may be recovered	master, for conveyance 012 board of such steam-boat or other vessel,
back.	and such steam-boat or other vessel shall not depart on her voyage
according to the time fixed for the departure thereof, by any notice given as herein provided; such master or person having the com- mand as aforesaid, shall return to the postmaster, port officer, or other person duly authorized in that behalf, by writing under the hand of the Postmaster-General, or officer in immediate charge of the Post Office, such mails, and dso any gratuity which may have bccn paid for the carriage of the same; and in default of so doing, shall, on conviction thereof, forfeit and pay any sum not exceeding
Fifty Pounds. J

renalty for not 6 1.

Every master of any vessel who shall refuse to heave-to or stop for the mail-boat, when required by the person in charge of the same, such mail-boat wrrying a distinguishing flag with the words Mail Boat" inscribed thereon, and every master of a vessel who shall evade, or attempt to evade any such mail-boat, shall for every such offence forfeit and pay a sum not exceedbg Teu Pounds nor less thau Forty Shillings.

heaving-to for mail-

boat.

Penalty on persons

utting in or sending 62. If any person shall knowingly send or put, or cause to be

Petten M exempt from sent or put, to or into any post office, any letter, newspaper or

p t a g e, or a5 liable	parcel, purporting to come within any of the exemptions mentioned
to the lower sate only,

ought tobe in Part I. of this Act, or to belong in respect of its contents, to one

subject to the bigher	of the classes in which n lower rate of ~ostaece as mentioned in Part
rate.	I. is chargeable, but which letter, newipapeY, or parcel shall, to the
knowledge of such person, not contain solely and exclusively that which the same ia by this Act authorized to contain, or ahall, to the

knowledge

30" VICTORIB, No. 5.

Post O$ice Act.-1866.

knowledge of such person, contaiu or have written thereon or therein some letter, paper, note, communication, writing, or thing which under this Act would subject the same to postage, or to the higher rate of postage, the person so offending shall forfeit and pay a penalty of not less than Five nor more than Fifty Pounds.

63. If any person shall make, or cause to be made, or assist in making, or knowingly have in his custody or possession, without	stamps, or making or Mtaking moulds for
poaaessing paper for
lawful excuse (the proof whereof shall lie on the person accused),	imitating stamps,
any mould or frame, or other instrument having thereon any words,	felony.
letters, figures, marks, lines, or devices pcculiar to paper heretofore or hereafter to be provided or used for postage stamps, or if any person (except as before excepted) s l d make, or procure to be made, or aid, or assist in making, or knowingly have in his custody or possession, without lawful excuse (the proof whereof shall lie on the party accused), any paper, in the substance of which shall aypear visible auy words, letters, figures, marks, lines, or devices peculiar to paper heretofore or hercaftcr to bc used or provided for postage stamps, or any parts of such words, letters, figures, masks, lines, or devices, and intended to imitate or pass for the same, then, and in every such case, every person so offending shall, for cvery such offence, be adjudged a felon, and shall be imprisoned for any period not exceeding seven years as the Court shall award, with or without hard labor.
64. If any person without lawful excuse (the proof whereof shall lie on the party accused) shall purchase, or receive, or take, or have	Having p~~soaaion
of paper for stamps
without authority,
in his custody or possessio~~, any paper, provided by the Postmaster-	misdememor.
General for the purpose of being used for postage stauips, before the same shall have been issued by him for public use, every such person shall for such offence be deemed guilty of .z misdemeanor, and shall be imprisoned, with or without hard labor, for not more than two years nor less than six months.

65. Letters, newspapers, or parcels bearing stamps which have	have been defaced,
Using stamps which

been previously obliterated or defaced, shall be treated as unpaid,

misdemeanx.

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 which 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 without

hard labor, for any period not exceeding three years.

66. No letter or arcel chargeable with postage ~ h d l be carried Lettere not to be con- veyed otherwise than

parcel shall be so carried or conveyed, or be sent or taken charge Q ~ Q * for hire or reward ot P ierwise than by post; and if any such letter or bi,..t, .,a,

of

R

30" VICTORIB, No. 5.

- -.

Post O@ce Act,-1866. --

P*nr Iv* of for the purposc of bein so carried and conveyed, by any persou

(not being a person emp oycd in the Post Office, or in the convey- P

ance of post letters), the person so sending or conveying s~lch letter or parcel, or tslciing charge of the same for soch carriage or con- veyance, shall, for every such letter or parcel forfeit and pay a

enalty or sum not exceeding Twenty Pounds; and every such fetter and parcel sent or carried, or taken charge of to be carried, otherwise than by post, s1iall be deemed, in m y prosecution for this offence, to have been for hire or reward, unlcss the contrary shall

be shown by the defendant.

Frovia0 as to icttme 67.

Nothing in the last preceding clause contained shall extend to letter or parcel concerniug goods, sent with such goods, and to be delivered therewith, or containing any writ or proceeding out of my Court of Justice, or deed, conveyance, aifidavit, or letter of nttorney, nor to any lettei or parcel sent by m y persoli concerning his or her private affbirs by any special messenger, nor to any letter or parcel

exceeding sixteen any letter or parcel exceeding sixteen ounces in weight, nor to any

oun,,, ,

r o t with goods, or

writs, &c.

6ond~fde sent or carried to or from the nearest post office, uor to

newspapers.

Penalty on rust- 68. If any Port Officer, Postmaster, or other pcrson duly autlro-

masters, &G., retarding

of mail5 kc, rized to receive or dispatch any mails, shall iiegllect or fail to

deliver, or sEiall retard the delivery of; any bag, box, innil, letter, packet, or newspaper, he shall, for every such offence, forfeit and pay a penalty or sum not exceedillg Fifty Poulids.

Penall y on PO& 69. Any Postmaster or other ollicer belonging to the'Post Ofice,

master, &C., offending or any person employed by or under s Postniaster, or in the receivilg,

o g ~ i n s t provisions of

this A C ~.	sorting, carrying, conveyhg, or delivering of post letters, or other- wise in the busiliess of the Post Office, who sl~nll oflend axninst, or wilfully neglect or omit to comply with, any of the rules gntl re iu- lations so from time to time to be made as hereinbefore mentioned,
or any of the provisions of this Act, shall for every such offence,
Fifty Pounds. neglect, or omission, forfeit and pay a penalty or surrl m t exceeding
Pclialtios PII Post-	70. If any person, whether employed in the Poat Office or other- wise, shall fradulently take from the possession of any Postmaster, or person employed to convey 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 printed paper, or any matter or thing enclosed in any such letter, packet, or lmil sent, or to be sent, by such post, every such person so offending shall be deemed guilty of felony, and on conviction thereof shall be liable to be iuiprisoned with or without hard 1d)or for any term not exceeding seven years.

mastcrs, &., stealing

or secsctillg ~cl tcrs,

&U.

On pcnong

fradulently retaining 71. Ally person who shall fraudulently or wilfully, for the space of

W ~creting letter*. twenty-four hours, retain, secrete, keep, ar detain, or beixlg required

bJ'

30' VICTORIB, No. 5.

Post Oflce Act.-1866.

byany officer of the Post OfEcc, shall ncglcct or rcfhse to deliver up	PAR* IT.
any post letter, nelvspnper, or parcel, which ought to lmve beer1
delivered to auy other person, or a post letter bag or mail, wllcther the same shall have been received or found by the person secreting, keeping, or detaining, or neglecting, or refusing to deliver up the same, or by any other pereon, shall be g ~ d t y of a n~isdemennor, and being convicted thereof, shall be liable to be imprisoned wit11 or without hard labor, for any period not exceediog twelvc months.

72. Any person not being a Postmaster, or dnly authorized by ?,dty ,unauth,,.

him, who shall on any pretence whatever, open, or endeavor to mail-bags.	pBrBonS	opening
open any letter bag, or niail, shall for every such offence forfeit a d

pay a pendty of ~ i o t more tllai~ Twenty Pounds.

73. If any officer of the Post Office a t Adelaide wl10 shall be Pcnaltv on officer

all letters, newspap-ers, and parcels, which shall require to be travention of his oath.	non~ineted bjr the Postmaster-General, for the purpose of opening ~ ~ ~ ~ i ~ ~ t ~ ~ ~ f &, ,.
opened, as hereiibifofore mentioned, shall act in contravehtion of this Act, or of his oath or nffirrunt,ion, to be n l d e as hereinbefore pro- vicled, he slmll for. every snch oEcncc forfcit and pay n sum of not less than Five Pounds, nor more than Oiic Hundred Pounds.

74. If the driver of any mail coach or other car r ia~es used for PenBlties

the conveyance of the nnil, or the guard, or any person in charge of	drivers? guards)
a mail, whether conveyed by any such carriage, or on horseback, or foot, shall loiter on the road, or wilfully misspcnd or lose time, or shall not in all possible cnscs, coiivey such mail at the speed of such a number of miles an hour as are fiked by the Postmnstcr-General for the convegancc thereof, unless the circutllsttlnces of the w c a t h ~,
or the badness of the roads, or the occurrence of my accident, s l d l prevent the same, then, ailcl in every such case, such driver, or guard, or person in charge, as the case may be, so offending, sllall forfeit and pay w sum not exceeding Five Pounds for every such offence.

75. If any person shall put into ally Post Office, or into any pil- penalty for putting

lar or box for the receipt of letters or newspapers to be sent by r u b b ~, ~f f i co rteeivera. &C., inpost

post, any filth, stones, dirt, or rubbish of any description, he s l d

forfeit and pay a sum not exceeding Ten Pounds.

76. No vehicle shall stand or ply for hire opposite the General Pmention

Post Office, nor within twenty yards on either side thereof, and ;F;tgr;~~:p

every driver or person having thc mal~agemeiit of any vehicle, who Office.

shall pennit the same to stand or ply for hire contrary to this pro-

visiou, shall forfeit fbr every such offeuce n sum not exceeding Five

Pounds; and every lrnwGer, newsvender, or idle or dis&derly

person, who shall loiter in or about the hall, or m y yart of the building for thc time being used as tlie General Post Office, or on the flagmay or pavement in front thereof, or within twenty yards on either aide thereof, shall forfeit for every such offence, a sum not exceoding Two Pounds.

77. Any

c34	30° VICTOPIB, No. 5.
Post Oflee Act.--1866.

77. Any owner or occupier of any building which shall have

Penalty for a!loving	been used as a Post Office, who shall kuowingly suffer cr permit
a Post Offloe, it not	any letter-box or receptacle for letters to remam open thereon or
being one.	therein for the mace of one week after such building shall have ceased to be a post Office, or who shall knowingly suger or permit to be or remain in or upon any such building "not being a Post Office, any words, letters, marks, or devices wbtsoever, whereby ally person may be misled or induced to believe that such building
is a Post Office, shall forfeit and pay a fine of not less than Five
Pounds or more than Twenty Pounds.

building to appear as

NO dangerous sub- 78. Any person who shall post or cause to be posted, or attempt to post, any letter or parcel containing any explosive or other dan- gerous materid or substance whatsoever, shall forfeit and pay a penalty of not less than Five Pounds nor more than Fifty Pounds.

etance to be posted.

Vehicles not engwa

In carrying mails not 79. Any pcrson who shall place or keep upon any vehicle, car-

tohare R ~ riage, or boat, except the same shall he used with the sanction of ~ ~ I

ail," &C.

the Postmaster-General, the words " Royal Mail," " Mail Coach,"

Mnil Boat," the letters "R. M,," or any words, letters, marks,

or devices whatsoever, calculated to lead to the belief that such

vehicle, carriage, or hoat, is employed with such sanction as sfore- said, or for carrying mails, shall forfeit and pay a penalty of not less than One Pound nor more then Five Pounds.

No insulting or 80. Any person who shall post, or cause to be posted, any in- sulting letter without any signature, or with an anonymous signature, or a signature purporting to be the signature of any other person, or of some person who never existed, or who shall under any cir- cumstances post, or cause to be posted, any obscene letter, -shall forfeit and pay for every such oEence a penalty of not more than Twenty Pounds,

obnoone lettor to	be
posted,

Carrieralosi~	letters.	8 l Any person who shall be employed in the carrying or de- livering of any mails, letters, newspapers, or parcels, who shall lose	or omit to deliver the Rame in due course, and notwithstanding that
the same may be subsequently found and delivered, shall be liable
for every such loss or omission to forfeit and pay a penalty of not more than Twenty-five Pounds.

Act Sow 19, of 1853. 82. The provisions of an Act, passed on the ninth day of De- ccmber, one thousand eight hundred and fifty-three, No. 19, intituled " An Act to provide for the regulation and licensing of Public Conveyances, and to prevent the wanton ill-treatment of horses and cattle ;" alao, an Act, passed on the fourteenth day of September, ono thousand eight hundred and fifty-four, numbered 1, mtituled

. An Act to amend an Act to provide for the regulation and licensing.

No. 1 of 1854. of Public Conveyances, and to prevent the wanton ill-treatment of

AU \umu~ horses and cattle," shall extend and apply to all conveyances used

be licensed. f i carrying mails, and whether at a greater distance from the ex-

ternal boundary of the city of Adelaide than thirty miles or not.

83, If

30" VICTORIA!& No. 5. 35

Post @cc Act.-1866.

83. If any person shall knowingly and fraudulently put into any Post Office any parcel, or any packet purporting to be a paxcel, in Penalty far laldely PART rv-

or upon which, or the cover thereof, there shall be any letter, corn- Ben"n~~lrcels.

munication, or intelligence not allowed by law, ox shall wilfully subscribe on the outside of any parcel or packet as aforesaid a false statement of the contents thereof', he shall, on conviction, forfeit and

ay a 8Um of not less than Five Pounds nor more than Fifty

f'ounds.

Post Office any newspaper, in or upbn which or the cover whereof sending newapepore. 84. If any person shall knowingly and fraudulently put into any Penalty fur falssty

there shall be any communication, character, figure, letter, or number (other than a line drawn through any report, article, or paragraph therein, the printed title of such newspaper, the names, oecupat~ons, and places of business of the printer, publisher, and vendor thereof+ the name, occupation, and address of the person to whom it is sent, and the words Newspaper only"), or in or with which anything shall be enclosed, or which anything shall accompany, or if any person shall wilfully place the words aforesaid on any newspaper

respective y, knowing the same to be untrue, he shall, on conviction Or thing f urporting to be a newspaper, or ou the cover thereof	thereof, forfeit and pay a sum of not less than Five Pounds nor
more than Fifty Pounds.

85. If any person shall, by means of any false pretences or mis- P e n a W o r i m p r ~ ~ e r b obtaining letters.

statement, induce any Postmaster or any officer or servant of the Post Office, to deliver to ~ u c h person any letter, packet, or news- paper sent by post and not addressed to such person, he shall be guilty of a misdemeanor, and shall be liable, on a summary con- viction thereof before two Justices, to forfeit and pay any sum not exceeding Fifty Pounds.

86. Any person who shall unlawf'dy issue any money-order with Psnons unlawfully

a fraudulent intent shall be guilty of felony, and on conviction thereof	issuing
to be guilty money-order of a

shall be liable to be imprisoned, at the discretion of the presiding f ~ l o n ~.

Judge, for any term not exceeding three years, with or without hard labor, and with or without solitary confinement.

87. Every person who shall with fiandulent intent send, or cause Persona sending fnu. dulent mcasnge guilty

to be sent, any message or advice through the electric telegraph or .,,

misdeneanor.

otherwise concerning any moneg-order, or any money, or poundage due or receivable from or by any person, in respect of any money- order, shall be guilty of s misdemeanor, and on conviction thereof shall be liable to be punished with fine or imprisonment, or both, at the discretion of the presiding Judge, such imprisonment not to ex- ceed three years, and to be with or without hard labor, and with or without solitary confinement, and such fine not to exceed One Hundred Sounds.

PART V. Legal Procedure and Evidence: PART v.

88. All proceeding8 for offeuces &gain& this Act, or ~tgainst	any	'P roceedin,y to be
rule	heard and determid,

'30" VICTORIB, No. 5.

Pod Oflce Act.-1866.

' P A ~ rule or regulation to be made by virtue hereof as aforesaid, in respect

under Ordinance sa e of which offences any pecuniary fiue or penalty is imposed, shall be

of 1860. heard and determined, and such fines and penalties may be inflicted in

summary way by any Special ~ a ~ i s t r a i e or two ormore Justices,

under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, To facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to sum- mary convictions and orders; and all convictions and orders may be enforced as in the aaid Ordinancc is mentioned.

m mits for recovery 89. In any suit or other proceeding for the recovery of any post-

of postage, orrud po- age, payable under or by virtue of this Act, the person from whom

b d i t O lio on the

party pr~e*ed

agabat. any letter, newspaper, or parcel, in respect of which auy postage shall be sought to be recovered, shall purport to have come, shall be deemed the sender thereof, and the onus shall lie upon the party proceeded against, to prove that the same did not come from, and was not sent by him.

r08t office	chug. on	90. In a11 proceedings whatsoever for the recovery of m y postage,
'"7

evidence. lCtter to be the Post Office charge upon any letter, newspaper, or parcel shall, in a11 cases, be evidence of the liability thereof to be so charged, and that the sum so charged thereupon is payable as and for the postage thereof,

deemed valuable secu- Woney.ordera to be 91. Every money-order shall be deemed a " valuable security,"

rities within themean- within the meaning of the Act No. 4, 22 and 23 Victoria, intituled

i w o f n o. 4,220na An Act for consolidating the Statute Law in force in South 23 Vio. Australia, relating to Indictable Offences against Property, by Larceny and other offences connected therewith."

PJ osecution of of- 92. In any indictment, information, or complaint, for any offence mail-parcel, or any letter, packet, or newspaper, sent by Post,

fences.	committed upon or in respect of any mail-bag, mail, box, or
or any property, moneys, mouey-orders, goods, chattels, or effects,
under the management or control of the Postmaster-General, or where any act, matter, or thing shall bave been done or committed
with any malicious, injurious, or fraudulent design, intent, or, pur-
pose, in any wise relating to or concerning the Post Office, or any such property, moneys, money-orders, goods, chattels, or effects, as aforesaid, it shall be sufficient to state or allege the property to belong to, and such act, deed, matter, or thing to have been done or committed with the intent to injure or defraud the Postmaster- General of South Australia, without any further or other name addition, or description whatever.
of fine, imprimument
I. Waultofpayment	93. When any fine or penalty shall have been imposed under the authority of this Act, it shall be lawful for the Special Magistrate or Justices of the Pence, or ;ldocal Court of Adelaide, as the case may be, by ,ywLom such fine or penalty shall have been imposed to
may he awarded.

order

30"1CTORIX, No. 5.

Post O@ce Act,--1866.

order that, in default of payment thereof, the person on whom such	YABT v.
fine or penalty shall have been imposed may be imprisoned, with or without hard labor, for any period not exceeding six calendar months.

94. There shall be an appeal from any conviction by any Special Magistrate or Justices for say offence against this Act, or from any	Appeal to Adelaide
Local Court of Full
Jurisdiction.
order dismissing any information or complaint, or from any order for payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Pull Jurisdiction only, and the pro- ceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; but the Local Court of Adelaide aforesaid may make such order as to payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pouqds.
95. The Local Court of Adeldde, upon the hearing of any appeal, may state one or more special casc or cascs for the opinion of the	Local Court, upon
hearing of appeal,
may state sp~cial ewe.
Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Suprernc Court
on special cases, and the Supreme Court may make such order as to
costs of any special case as to the said Court s l d appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an order in resnect to the matters referred to the Supreme Court. in conformity with the certificate of the said Supreme Court, or of iny Judge thereof; which order of the Justices or Local Court shall be enforced in manner provided for the enforcement of orders of Justices under the said Ordinance No. 6 of 1850.

96. Save as herein provided, no order or proceeding of any NO nliorg,i

Special Magistrate or Justices, or of any Local Court, made under the authority of this Act, shall be appealed against, or removed by certiorari or otherwise, into the Supreme Court of the said Province.

97. All moneys that may be received for postage rates or duties Application

to be levied as doresaid, or for penalties, or as fees under and by p	peaaltiea,	ostage dutioa,	&c.
virtue of this Act, shall be and are hereby reserved to Her Majesty, Her heirs and successors, for the public uses of the said Province, and the support of the Government hereof.

I

All actions and suits to be commenced against any Postmaster or other officer or servant of the Post Office for anything done or omitted to be done in pursuance of this Act shall be commenced within three calendar months after the act was committed or omitted, and not afterwards; and notice in writing of such action, and the cause thereof, shall be given to the defendant oue calendar month at least before the commencement of the action; and the defendant in any such action may plead the general issue and give this Act and the special matter in evidence at any trial; 'and the plaintiff shall not recover in such action if tender of sufficient amends shall be made before action bronght, or if after action brought the Protection to o a c ~ a,

98.

defendant

30" VICTB~~A3, No. ' 5.

Post Ofice Act.--1 866,

P A ~ v. defendant shall pay into Court sufficient amends, but in such lmt-named case the plaintiff shall recover his costs of suit up to the time of payment into Court, and if a verdict shall pass for the defeudant, or the plaintiff become nonsuit or discontinue, or if upon demurrer judgment shall be given against the plaintiff, the defen- dant shall recover full costs as between attorney and client, and have his remedy for the same in the usual way.

I n the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

L-

Adelaide : Printed by authority bp W. C. Cox, Guyernment Printer, Victoria-square.