Post Office Act 1876 (SA)

ANNO TRICESIMO NON0 ET 'QUADRAGESIMO

VICTORIAE REGINE.

No. 49.

An Act to repeal The Post O@ce Act, 1866," and to make other

provisions in, lieu thereof;

[Assented to, 37th October, 1876.1

HERFJAS i t is expedient to repeal ' l The Post Office Act, Preamble.

W 1866,'' and to make o t h r provisions in lieu thereof- Be it

th-refore Enacted by the ~ o v ~ r n o r ot the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Par- liament assembled, as follows:

Post Office for delivery in South Anstralia, shall be deemed inland letters, post cards, parcels, and newspapers, and all letters, post cards,

t title of Act.

1. This Act may be cited for all purposes as The Post Office She'

Act, 1876."

2. The '' Post Office Act, 1866," is hereby repealed, except as to Repell.

any things done, appointments made, contracts entered into, offences committed, penalties incurred, or proceedings instituted previously to the commencement of this Act: Provided that all securities given before the commencement of this Act for the fidelity of any post- master or other officer or servant of the Post Ofice, 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 this

Act had not been passed.

3. ' ~ l l letters, post cards, parcels, and newspapers received at any Interpfetation of

lonies, Tasmania, or New Zealand, or

letters, post cards, parcels, or newspapers, within the meaning of

4. Tbis Act shall be divided into parts, as follows :-

PART ~,-General Provisions:

PART	11.---Contracts for Conveyance of Mails:
PART	r11.--Money Orders:
PART	IV.-Offences and Penalties:

PART v.-Legal Procedure and Evidence.

- ..

PART I.

GENERAL PROVISIONS.

a~vern0rt~*akerde6

for eetabliching Pod	5. The Governor may make rules and regulations for the estab- l iskiq and managing of the several Past Offices within the said Province, and the receiving, dispatching, carrying, and delivering of letters, post cards, parcels, and newspapers, and the making, custody, and sale of stamps, and the receipt and paymcnt of moneys in connection with the said Post Offices, and the con6uct of all post- masters and other officers of the department; and for the granting of money orders, and the payment thereof, and in reference thereto, as is hereinafiw more particularly provided; and the said rules and regulations may alter, revoke, or vary, and such other rules and
Oaces,receiptand
he sl~all deem expedient: Provided that all rules and regulations regt~lations may establish in their stead, as with the advice afbresaid heretofore made shall continue in force until revoked by rules aild regulations made under the provisions hereof.

e to time appoint and remove

master-General, and an f nspector

may appoint and remove, or

-General th3 power to appoint rks, and servants, as may be

the General Post Office, Adelaide; and the said time to time, appoint and remove towns and places out of Adelaide, such postmasters such security as

- with the advice; aforesaid, by any regulations pub-

uerozmsnt Gazette, shall from time to time fix; and

neral shall, in the absence of the

e, have and exercise the like powers

as

The Post 0flc.e Act.-1876.

as the Postmaster-General, and that where in this Act anything is appointed to be clone by the Postmaster-General, the same may be lawfully done by the Deputy Postmaster-General, although not particularly named.

Deolaration t6 be

7. The Postmaster-General, Deputy Postmaster-General, and every other postmaster, letter-carrier, or othcr person hereafter to	made by Postmuster-
General, postmasters,
be appointed under this Act, shall, before the exercise by him of	letter-carri.m, &c.
the duties of his office, take and subscribe a declaration for the due execution of such duties before one of Her Majesty's Justices of the Peace for the said Province (which declaration such Justice is hereby authorized and required to administer) in the form set forth in the First Schedule- to this Act.
8. All letters, post cards, parcels, and newspapers transmitted or received by post, except as hereinafter excepted, shall from and after	Governor' to fix rate
of postege.
the passing of this Act be charged such postage as the Governor
shall, by such rules and regulations as are herein before men-
tioned, provide in that behalf by Proclamation to be published
in the Government Gazette: Provided that such postage shall not
exceed the scale and rates set forth in the Second Schedule to this
Act, except as hereinafter mentioned, or in cases where any arrange-
ment shall be made with the Postmaster-General of the United
Kingdom, or with the constituted authorites in foreign countries or
separate colonies, as hereinafter provided for. But every prepaid
letter, post card, parcel, and newspaper received by post from any
place beyond the limits of South Australia, shall be transmitted and

delivered free of charge within the said Province, except as herein-	. .""*
after mentioned, and except in cases where it is necessary to collect the postage under any arrangement to be made as hereinafter men- tioned, in which case the same and all fees or other dues upon such letter, post card, parcel, or newspaper, shall be collected on or before the delivery thereof respectively.

9. The Governor may also from time to time, and by a like z;;nc;;;;;;tage

Proclamation, increase the rate of postage payable in respect on foreign letters in

of letters, post cards, parcels, or newspapers, to be dispatched from ;;2;?r,!!z; the said Province to the United Kingdom or to any Colony or other countriee.

Dependency of the said Kingdom, or to any Foreign State, but so that in no case shall such rate of postage be so increased except for the purpose of assimilating the rate 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 of rates.

time to time impose and alter fees to be paid upon letters, post poetage. 10. The Governor may also, and by a like Proclamation, from Fees in addition to

cards, parcels, and newspapers posted after the time appointed by

the Pustmaster-General for closing the mails, and for the use o f.

private boxes and bags.

11. Except

I

'VICTORIB, No. 49.

The Post Ofice Act.--1876.

PART I. 11. Except in cases expressly herein mentioned in that behalf,

A l l lettrrR, ke,, must or where any arrangements shall be or have been made with '

stamps. be prt.~nid LY postage the Postmaster-General of the United ICingdom, or with the

proper autliorities of any British possession or foreign country, the postage upon every letter, post card. parcel, or newspaper, and a l l fees (if any) upon such letter, post card, parcel, or newspnpcr shall be prepaid; and such prepayments respectively shalI- be made by affixing thereon postage stamps, nct oblkerated or dcfuccd, to the value of the necessary postage (except in the case of post cards, upon which stamps will be impressed before they are issued from the

sstage On General Post Office), and in default thereof such letter, post card,

letters, BC., not pre.	parcel, or newspaper shall not be transmittd. or delivered, but
paid.	shall be returned to the sender at once: Proviclcd that all letters, parcels, and newspapers which shall be posted in and addressed td places within the said P~ovincc without the postage being prepaid, or with deficient postage, shall be charged double the arriount of' deficient or unpaid postage: Provided also, that postage at the ordinary rates on loose letters, pa~cels, and newspapers, received from masters of vessels, may be mllecteci on delivery.
P o s t w may he paid
by vash in certain	12. Notwithstanding the enactment lastly hereinbefore contained, whenever it may happen that any postmaster shall not haw any postage stamps of the requisite value for sale, then and in such cFse the postage nild fees (if any) apon ally letter, post card, parcel, or news- paper, may be prepaid in coin, and shall be acknowledged L- by such postmaster on the face or cover of such letter, parcel, or newspaper.
CUR&.
N o prepayment
rrcccasiwp in respect of	13. It shall not be necessary to prepay, by stamp or otherwise, marriages, and deaths, transmitted in compliance with the provisions of the law in that behalf, by ministers of -religion or othe; persons, whose duty i t may be to transmit such returns to .any oficer ap- pointed to receive the same; but the postage therecn shall be yaid by the said officer on delivery of such letters or parcels respectively: Provided that the same shall contain such returns only, a id shall, on
rrtulna of births, &C.	the postage upon letters or parcels containing only returns of births,
the outside thereof, be stated to contain such returns ody, and be signed by the minister or other person transmitting the same.

P e r l i ~ ~ m ~ ~ n t ~ r p ~ o c u - 14, Ifembers of the Executive Council and Members of the Legis-

ments, &P , exempt if

under corrr. Iature may receive or send Ly post Parliamentary documents, peti- tions, and addresses to Her Majesty, lIis Excellency the Governor, the Executive Council, or either branch of the Legislature, exempt from postage: Provided such documents, petitions, and adclresscs be sent without covers, or in covers open at both ends, and do not exceed thirty-two ounces in weight.

J ~ ~ ~ + P T R of anilolfi ancl 15. 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 b..),

! ~ C I S. ,

namely, every seamttn employed in Her Majesty's Navy, whilst such

seaman

*

39" & 40"1CTORIB, No, 49. 5

The Post Ofice Act.-1876.

PART 1.

seaman shall be actually employed in 13 er 31 ajesty 'S service; every

sergeant. corporal, dl-i~rnrricr trumpeter, fifer, and private soldier in

H;- 3lajest y'i X~g111:ir Forces, Mili& Fenciblc ~egirnerrts, Artillery,

or Royal Mnrincs, wl~ilst actnally rmployed in H e r hl,?jesty's service; but the letters of commissioned ofEicers, or warrant officers, whether in the Army or Navy, or midshipmen or mates of' the &avy, are not included in this provision; and with respect to letters sent by any such privilcgcd persons, the following conditions shall be observed, that is to say-the postage of each letter, unless sent from parts beyond the seas as hc~rcinafter mentioned, shall be paid on such letter being put into a Post Officc; and upon such letter shall be subscribed the name of the writer, and his class or description in the vessel, regiment, corps, or detachment to which he shall bi-*long;

and upon every such bt ter there shall be written, in the handwriting

of, and signed by the officer having at thc time the command of the

vessel, or of the regriment, curps, or detachment to which the privi- leged person belongs, the name of such officer, and the name of such vessel, or of such regiment, corps, or detachment; and with respect to letters received by post by any of the said privileged persons, the fol lming conditions s21all bc observed, that is to say-the postage of each letter, unless sent from parts beyond the seas as hereirlatter menlionecl, shall be paid upon its being put into a Post Office, and i t shall be directwl to t he privileged person, specifying on the super- scription thereof thc vessc.1, or the regiment, corps, or detachment to

. which he shall belong; and whenever 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 whatsower prepaid thercon, no Colnninl postage ~ h d l be charged on dclivery th rco f within the said Province.

16. The Governor may, from time to time, make, or cause *"an~emcnis prepaymtnt or a"0 other-

to be made, arrangements with the Postmahter - General of' the wise ,J lctters, &o.,

United Kingdom, or with the constituted authorities cf any ::it:: British possession or f o r e i p country, for the transmission to	'	other
p s ~ ~ e l s, or newspapers, posted in South Australia, and for the	any place beyond the limits of South Australia of letters,	delivery in South Austr;llia of letters, parcels, or newspapers received from such countries, either in closed tnnils or loose from masters of vessels, on which no postage or insufficient postage has been paid. free of postage, or upon such terms a9 to the amount of postage or fine to be pa~tl on delivery, and as to the application thereof as may be agreed upon, and evcrv such arrangement here- tofore made f0.r the pkyose aforesaid is hereby confirmed and made valid.

17. All newspapers printed in the said Province, posted at some Colonial newspapers, and newspapora

officc within thc limits of the city or town i n which such nen S- from abroad,

papers shall have been printed, and within six days of the date if and under not written open upon

of publication, and a11 newspalwrs published and posted within the excep,ing

address,

said Province fbr dclivery beyond the limits of the same, and all exempt.

Iiewspapers received through the Post Office from places beyond

the

except where under arrangement made vith the constituted autho- rities of other countries postage (payable in such countries) has to be prepaid or collected on delivery: 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 extend to newspapers posted at any office for delivery at such office, or at any plwe within the limits of the city or town in which such office is situate.

Pmtsge of Id. on-all 18. T h e m m of One Penny shall be prepaid for every newspaper

newspaper8 nut en- titledtofree deliveva posted in South Australia for delivery in the said Province that is

not entitled to be delivered free of postage.

Newsp~per~de~ned* 19. Every publication consisting wholly or in part of political or

other news, or of articles relating thereto, or to other current topics with or without advertisements, provided that it be published in numbers at intervals of not more than one month, that it be printed for sale on a sheet or sheets unstitched, that it have the full title and date of publication printed at the top of the first page, and the whole or part of the title and the date of publication printed at the top of every subsequent page, with or without a supplement, consistirlg wholly or in part of such matter as aforesaid. or consisting wholly or in part of engravings, prints, or lith~graphs illustratiye ot articles in such uewspaper oar supplement: Pro-vided that no such sup- plemen t shall consist of only one advertisement, placard, or circular, and that every such supplement be enclosed in every copy OS issue of

the paper of which it forms the supplement, and in every case be

printed on a sheet or sheets of paper unstitched, and published withsuch newspaper, and having the title and date of publication of the newspaper printed at the top of every page, or at the top of the first sheet or side on which any such matter appears, may be

sent by post as a newspaper within the meaning of this Act.

Parcel8 defined, with

rates of postage pap-	20. The Governor may, from time to time, by order published in the Goverrmelzt Gazette, direct what parcels may be sent by post as parcels within the meaning of this Act, and upnu %hat terms and conditions the same may be sent; and until any such order shall Be made, the following may be sent by post as parcels within
able thereon.
the meaning of this Act, that is to say-

r. Bankcrs' parcels containing notes (if registered), orders,

cheqnes, or pass books, sent by or to any bank or banker:

11. Parcels containing process of, or proceedings or pleadings in,

rt, briefs, cases, and instktctions for counsel, and their ~

thereon respect ~vely, cleds, instruinents under the

a1 Property Act, affidavits, policies of assuragce, letters a

.

attorney, depositions, or recognizances:

III. Parcels

39" & 40" VLCTORIIE, No. (49.

The Post OFce Act.-1876.

- -

PART I*

1x1	Parcels containing patterns or samples of merchar.dise, either
unenclosed or enclosed in transparent bags, or in bags tied
round. the neck and unsealed, so as to he easily loosened and
refiistened, if addressed to any place within ihk limits of the
said Province, but if addressed to any place beyond the limits ,.
of the said Province, such parcels must not contain any articles having any saleitbfc value of their own apart from their
mere use as patterns or samples:

m. Parcels open a t both ends containiug prices current (prices in which may be fiilecl in in ink), pay she&, invoices, circular letters (prided, engraved, or lithographed), and catalogues:

v. Pm-ceh containing Acts of the South Australian or Imperial

Parliament, or printed Votes and Proceedings of &.her House thereof re~pect~ively, or returns, or copies of returns, made by or to any officer in the Public Service:

,	v r.	Parcels containing scrip, pamphlets, maps, plans, specifications, music, photographs (011 paper), magazines, placards, alma-
xiaclrs, prospectlls~s, paintings, eavravings, printers' proof's, writing paper, music paper, periodical publications, bills of ?
lading, drawings, and parchment or vellum (printed, engraved, or lithographed), intended fur transtnission in identical terms to several persons, names and dates being allowed to be filled

- in in writing:

VII. I'arcels containing printed or plain bo01.r~:

v111. And (as inland and intercolonial parcels) parcels confaining

seet!s in Bags or paper, tied and unsealed, so as to be easily

. loosenecl and rofastenruii;

Provictctl that a11 parcels posted for delivery beyond the limits of the Provieo6

said P I. O V ~ ~ C P shall bc opcn at the eiids or sidcs thereof, excepting

such as contain seeds, as provided for in subsection vm.

21. The weight and climerisior~s of parcels shall be fixed by Weigllt and tt;ze of

regt~lations approved by the Governor and published in the Govern- parcel limited-

~ n m t Gaxrte: Provided that no parcel shall exceed one pound in weight, nor he of' weatcr. dirncnsions in m y one wav than two feet 3.

in length by one foot in width and oue foot in depth,nor shall there

be in or upon any parcel or the cover thereof, any letter or epistolary communicntiun or intelligence whateker, and on the outside of' every parcel, in addition to the name and address of the person to whom such parcel is to be delivered, the sexider thereof shall subscribe, or cause to be printed, his name and address, with a statement of the contents,

thus-" Parcel without letter."

22. No parcel containing any perishable substances, or any bladder What thine8 not to

or vessel containing any liqlid, except any liquid medicines strongly ~ & ~ ~ ~ $ ~ ~ r w l g ~	Or
packed in a tin case, and marked "Liquid medicines," or any matches oy other inflammable or explosive substance or compound, or any article, matter, or thing whatever which might by pressure or otherwise be

or

8 39" & 40" VICTORIB, No. 49.

The Post OFce Act.--1876.

PART I.

-."	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 parcel be sent or transmitted by post, whether as a parcel or otherwise; and any postmaster may refnse to transmit by post any parcel pnrporting to be a parcel which shall contain or be reasonably suspected to contain any such thing as last aforesaid.
Parcels not coming

within definition of 23. Every parcel or tkilig whatsoever, by whatever name called,

newspapers cr parcel4 01* howsoever made up, which may be sent by post, or p ~ t

or

be deemed letters. received into any Post Office for transmission or delivery by post,

not being a nen spaper or parcel as hereinbefore definvd, or not being entitled to be transmitted free of postage under ally of the provi- sions of this Act, or any parcel closed against inspection, except where allowed bv this Act, shall be deemed to be a letter, and shall be liable to, andVchargeablc with, postage accordingly.

P08t~g@ atamp8to)c 24.

The Governor may authorize thc Postmaster-F cncral to cause postage stamps indicating such amounts of postage as may be f'rom time to time deemed necessary for the purposes of this Act to bc made or procured aud sold to any person applying for the same.

made and sold.

I

P08tma8tepGenerd

may license persons to	25. The Postmaster-Ge t i e d may grant a licence to any person to deal in or to retail stamps; and any such person or ai?y postrrmster who may obtain fioni - the ~os t rdas te r -~en~ra l, at any -one time, stamps b the value of Five Pounds or upwards, shall-be allowed thereon a rebate at the rate of Two Younds and Ten Shillings in the Hundred Pounds.
sell stamps.
How stamps shallbe
affixed.	26. Thc stamps upon al.11 letters and parcels shall bc affixed or impressed upon the outside thereof, and on the same side as the address, and no postmaster shall be bound to take any notice of stamps which shall be affixed elsewhere upon any such letters or
parcels.
PostmasterlLo keep
sufficient supply of	27. Every postnlaster shall procure and keep on hand for sale such quantities ~. f postage stamps as the Postmaster-General shall from time to time authorize and direct, and shall sell the sane, without premium, to any perscrn desirous of purchasing them
stamps.
Postmasters to see
thatetamps of proper	28. Except in the cases expressly herein mentioned, it shall be the duty .of every postmaster to see that every letter, post card, parcel, or newspaper bears a stamp or stamps of the proper amount, according to the rate for the time being established by law.
amuustnreaffixad.
H o w postmasters may

actin regardtoletters 29. In case any postmaster shall suspect or believe t h t any

p U t i n a d " i n ~ x ~

empt, or aa chargeable letter, newspaper, or parcel put into his office or received by him

at slowerrateof as such postmaster, and purporting to be a letter, newspaper, or postci8e. parcel coming within any of the exemptions hereby 'created, or belonging, in respect of its contents, to one of the classes in which

the

39" & 40" VIGTB;RJi3E, No, 49.

The Post Ofice Act.-1876.

the lower rate of postage hereinbefore mentioned is chargeable, does not in fact contain solely and only that which the same shall 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, or parcel, or newspaper to postage, or to the higher rate of postage as the case may be, it shall be lawful 10r 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 amount shall be demanded and received accordingly: Provided that in every such case of sur- charge, if i t shall at any time within &n days next following the delivery of the letter, newspaper, or parcel, be made to appear to the sati3faction either of the postmaster to whom the same was so delivered, or of the Postmaster-General, that the same was not in fact liable to postage:or to a higher rate of postage, then 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 shall so require, the postmaster by whom the same ehall be so delivered shall, at the time of such delivery thereof, examine not only the outside but the contents of the said letter, 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.

30. The Postmaster-General may detain or came to be detained any letter, post card, newspaper, or parcel which shall be posted,

Letters posted con-

trary to this Act may

be detaioed.

or reasonably suspected to be posted, contrary to the provisims of this Act; and the same, and all refused and undelivered letters, post cards, newspapers, or parcels shall be forwarded to the General Yost Office at Adelaide; and all such irregularly posted and refused and undeliv~red letters, post cards, newspapers, and parcels shall be immediately opened at the said General Yost Office at Adelaide,

in manner hereinfter provided, for the purpose of ascertaining the

writer or sender thereof; and the Postmaster-General may detain

any such letter. post card, newspaper, or parcel so posted contrary

to the provisions of this Act, for the purpose of cnabling him to

sustain any prosecution which he may institute in respect of such

letter, post card, newspaper, or parcel so posted as aforesaid.

31. The sender of any letter, post card, parcel, or newspaper, Letteramay be

upon which the proper amount of postage shall be prepaid, shall be regi8tered.

entitled to have the same registered at any Post Office on payment

of the proper fee in postage stamps affixed to such letter, post card,

parce1,or newspaper; but such registration shall not render the Crown,

or the Postmaster-General, or any person in any manner liable for the

loss of any such letter, post card, newspaper, or parcel, or the

contents thereof; and all registered letters, post cards, parcels, and

newspapers shall be received at any Post Office, and also be delivered

at the place 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.

I 32. Except

r"0 39" & 40" VICTORIAE, No. 49.

The Post Ofice Act.-1876.

PAET I. 32. Except in the case of unclaimed, refused, undelivered, and

NO letterto be re- turnedtothe writer Or whatsoever shall, under any circumstances, be returned to the writer	irregularlj posted letters, no letter, post card, parcel, or newspaper
sender thereof otber-
wise than as herein	or sender thereof. without the emress cmsent of the person to whom
mentioned.	the same is direcied; nor ( e x c q l as hereinafter pov{ded), unless by virtue of an express warrant in writing under the hand of the Minister in charge of the department, or some person by him duly authorized to sign such warrant, shall any letter, post card, parcel, or newspaper be sent or delivered to any other than the person to whom i t is addressed, or his agenl; or, in case of such person's death or absence, to his @rsonal or other lawful representative or assignee.

delivered letters, &C., Unclaimed and un- 33. All letters, post cards, parcels, or newspapers (other than

to be kept for thirty those hereinafter directed to be transmitted to the General Post

days, during which Office without delay) which shall have been received at dny post

polea,sttrepost,.,Eee, office for delivery, shall be kept thereat for a period not exceed- list thereof to be ex-

ing thirty days, during which time a list thereof shall be exposed in a conspicuous 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 ascertain that the perscn to whom the same is addressed is not to be found at such address, the same shall be forwarded to the General Post Office at Adelaide; and forthwith, upon receipt of any such letters, post cards, parcels, or newspapers, so to be forwarded as aforesaid, if the same have been posted in the said Province, the Postmaster-General may cause the same to be treated as dead letters, and opened as hereinafter mentioned; or (excepting n ewsyapers) if originally posted elsewhere, dealt with in the manner provided for in the clause immediately following; but every newspaper, wheresoever it was originally posted, shall be opened in the same manner as letters and parcels originally posted in South Australia.

Unclaimed and un- 34. The Postmaster-General shall, once in every month, or oftener

delivered ship letters

how dealt with. if he shall think fit, cause a list to be published in the Government

- ."

Gazt tte of all detained, unclaimed, ref;sed, and undeliveled letters, post cards, and parcels lying at the General Post Office, Adelaide, which shall have been received from any Australian Colony,'l'asmania, New Zealand, or other country. since the last preceding publication of the like kind, and after a period of three months such cif the letters, post cards,and parcels mentioned therein as shall have been origindly posted in any other Australian Colony, Tasmania, or Bew Zealand, or after a period of six months such as shall have been originally poated elsewhere, and shall remain undelivered, shall be treated as dead letters, and be returned to the country or Colony from which they were originally received.

Uncl~imed and un-

delivervd intercolonial 35. The E)ostmaster-General may cause all unclaimed and

returned tram how within the said Province which shall have been returned from the	and ehip letters, h., undelivared intercolonial or ship letters or parcels originally posted
dealt with. country

39" & 40° VICTORZAE, No. 49.

The Post O @ G ~ Act.-1876.

country or Colony to which they were forwarded, to be treated as

dead letters and opened as hereinafter mentioned.

Every letter, parcel, or newspaper: which shall be opened under the provisions of this Act, shall be opened in the presence of not less	How or by whom unolaimed or dead
letters may be opened.
than two officersof the Post Office, specially nominated for that purpose by the Postmaster-General, or other officer in immediate charge of the Post Office department, and every such officer shall, before he shall enter upon his duties in this respect, make and subscribe before the Postmaster-General or a Justice of the Peace, a declaration in the form set forth in the Third Schedule to this Act; and if any such officer shall act contrary to such declaration he shall be guilty of a misdemeanor, and punished accordingly.
Opened dead lettw
37. The Postmaster-General shall cause all detained, unclaimed, refused, and undelivered letters, newspapers, or parcels whatsoever,	and parcels not con-
taining anything of
posted in any part of the said Province, which shall have been	value how dealt with.
opened under the provisions of this Act, to be forthwith returned to the writers or senders thereof, if the name and address of the writer or sender can be ascertained by examination of such letters, news- papers, or parcels, and such writers aad 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, newspaper, or parcel, the same may be forthwith destroyed, but he shall nevertheless be liable to pay such postage as aforesaid thereon.
38. Tf upon the opening of any unclaimed, refused, or unddivered letter or parcel posted at any Post Office in South Australia, the same	and parcels ao~~taining
Opened dead lettea
anything, how dealt
shall be found to contain any money or article of value, then the	with.
Postmaster-General (unless such contents shall have been posted in fraud or violation of 'this Act, or of any Act relating to the 'Customs, or of any regulation or order made under the authority of this Act, or with intent to evade pnjment of the postage properly chargeable
forthwit,h returned to the writer or sender thereof in the manner on such letter or parcel containing them) shall cause the same to be	hereinbefore provided as a registered letter, such writer or sender to
be liable for the registration fee pavab'le in respect of a registered leiter; and should any such letter & parcel be unclaimed by, or undelivered to, the writer or sender thereof at the expiration of twe?ve calendar months, and (it a letter) be destroyed under the provisions of this Act, then the Postmaster-General shall pay the same money, or the net proceeds of such article of value, after dispwing of the same by public auction, to the Treasurer of the said Province as Ordinary Revenue: Provided, however, that the 3aid money, or such procteds of such article of value, shall be paid to the person entitled thereto, upon proof being given to the satis- faction of the said Treasurer that the person claiming is so entitled.

36.

39. The Postmaster-General may cause to be destroyed all inland P	u~maeter-~enerd
may destroy all par-

newspapers which shall be unclaimed, refused, or undelivered at any ,@h, ppampuets, &G,

time

3g0 & 4d0 VICICORIB, No. 49.

12 '

The Post OFce ,4ct.-1876.

PART ** time after the expiration of three calendar months from the dare of

for six months, and	remeining undairned their being posted or returned from Inland Post Offices to the
letters remaining un- General Post Office; and all intercolonial or ship newspapers which
claimed for one year. shall be unclaimed, refused, or undelivered at any time after the

expiration of six calendar months from the date o f their receipt in the Colony or return from Inland Post Offices to the General Post Office, H e may also cause to be destroyed or sold by public auction all inland parcels not dealt with under clause 37 of this Act which shall be unclaimed, refused, or undelivered at any time after the expira- tion of three calendar months from the date of their being posted or returned from Inland Post Offices to the General Post Office; he may also cause to be destroyed or sold as aforesaid all parcels received from places beyond the limits of the Colony and not returned as hereinbefore mentioned after the expiration of three calendar months from the date of the publication of the list in which they shall have been advertised; he may also cause to be destroyed all unclaimed, refused, undelivered, and irregularly posted letters, which shall continue to be so unclaimed after the expiration of one year from the date of the publication of the list in which they shall have been advertised i n th-. Governmetzt Gazette : Provided that a list shall be preserved of every letter containing money or valuables, showing the address ther. ~ f, with the name of the writer, and the place at which the same purports to have been written.

Letters of insolvents

to be delivered to

40, Whenever any person shall be adjudged insolvent within the meaning of the laws for the time being in force in the said Province, it shall be lawful for the Commissioner of Insolvency to order that, until a date to be specified irk such order, such date not to be later than the time when such insolvent shall have passed his last examination, the Postmastrr-General shall dtliver any letter addreswd to such insolvent to the Official Assignee or other person in such order rmrned, and the Postmaster-General shall deliver such letters accordingly,

OfecidAssignee.

letters fordecea~a

persone how to bo 41. Letters or parcels addressed to persons deceased may he

dilrpobed of.	delivered to the executors or administrators of such deceased person cm prodnction of probate of nil1 or letters of administration; but in the event of there being no legal representative, the Postmaster- General may open such letters or parcels and deliver the same to some near relative of the deceased person,
Tslegraphio message8
may tt! transmitted	42. Telegraphic messages upon which all fees payable in South Australia have been paid, may Le transmitted by post as letters for delivery in South Australia, or in any of the Australian Colonies, Tasmania, or New Zealand without any payment for postage.
free, .
Cehinlettem9%

to be sent to General 48. Every postmaster or other officer of the Post Office shall

Poet O~EO~.

without delay transmit to the General Post Office every letter, post card, parcel, or newspaper not being exempt from postage, addreased to places beyond the limits of the Colony, which shall '

have been posted without any postage stamps thereon, or having

stamps

390 $ 46" VICTORI2f.3, No. 49.

The Post OBce Act.-1876.

stamps which have been previously obliterated or defaced (unless the postage thereon shall have been prepaid in coin), or bearing stamps of less value than one rate in the case of letters; and any such insufficiently-paid letter shall, upon its receipt at the General Post Office, be opened in the manner hereinbefore provided, and be returned to the writer or sender thereof; also every inland, intercolonial, or ship letter, post card, parcel, or newspaper, posted, or reasonably susp~cted to be posted, or to contain any enclosure in fraud or violation of this Act, or of any Act relating to the Customs, or of any rcgulations or order made under the authority of this Act, or with inteut to evade payment of the postage properly chargeable on such letter, post card, parcel, or newspaper, or which the person to whom it is addressed &all refuse to receive, or which bears a profane, obscene, or libellous address or signature, or which (in case any postage on the same respectively shall be payable) the person to whom it is addressed shall refuse to pay for.

Lettera or paroela

44. Any letter or parcel received from the United Kingdom, any reoeived from abroad

British possession, or foreign country, which may contain or be	eontslning durisble
reasonably suspected to contain any article or articles or enclosure	articles.
forwarded in violation of any Act or regulation of the Customs, or on which a Customs duty should be paid, shall be detained in the Gunera1 Post Office, and shall be opened by the Postmaster-General or other duly authorized officer of the Post Office, in the presence of the ptnon to whom such letter OF parcel is addressed, and if found to contain any such dutiable article or articles or enclosure, such letter or parcel shall be forwarded to the Collector of Customs.
Blasphemnua or
45. The Postmaster-General may at any time cause any letter, post card, parcel, or newspaper having anything blasphemous,	obscene lettera, &C.,
may be destroyed.
obscene, offensive, or libellous written or drawn on the outside thereof, or any obscene enclosure found in any letter, parcel, or newspaper, to be forthwith destroyed.
Delivery at post Bwn

46. The transmission of any letter, post card, parcel, or newspaper directed to any person in South Australia, to the Post Office of the post	named, or last
known raside~ce
sufficient.

town to which it is addressed, or to that of the post town nearest to the address where none is named in the address, shall be sufficient delivery nnder this Act; And where delivery by letter-carrier is +provid;d for, delivery according to the address or at. the last known

place of residence of the person	named in the address shall be
deemed sufficient delivery to such	person, unless he or she shall by

notice to the Postmaste~Ge~leral	signed by him or her have pro-
hibited such delivery.

PART

The Post Ofice Act.-1876.

PART It. PART 11.

CONTRACTS FOR CON.VEYANCE OF MAILS.

47. The Governor may from time to time (subject to the pro- of England, or wdh the cons$%ed authorities of any British pos- session or foreign country, for the following purposes, that is to say-

h*

be m& emeat# 9.0, foreign

m~&. visions of this Act) make arran~emen ts with the Postmaster-General

First-For

the establishment of mail communication by steam or

otherwise, between South Australia and the United Kingdom

and for payment of the expenses thereof:

Second-For the transmission by land or sea, of mails between

South Australia and the United Kingdom, dr any British possession or foreign country, as the case may be, and for payment of the expenses thereof:

Third-Fol the appointment, determining, and collection of postage and fees or other dues upon letters, parcels, and newspapers, conveyed between South Australia and such kingdom, possession, or country:

Fourth-For the division and mutual accounting for, and payment of the money collected under any such arrangement:

Fifth-For the purposes above mentioned, in the case of letters, parcels, and newspapers transmitted through South Aus- tralia, or the said kingdom, possession, or country, to or from any part of the world:

Sixth-For the prepayment in full or otherwise of the postage

due on any letters, parcels, or newspapers.

Oontracts for convey-

an00 of mails bv land authorized in that behalf by the Governor) may enter into contracts	48. The Postmaster-General (or any person from time to time in writing on behalf of the Government, for or in respect of the
lump sum, or for a sum depending upon the number or weight of the carriage of mails by land and sea, or either of' such modes, for a
letters, post cards, parcels, or newspapers so carried, and may impose such terms and conditions as to him shall seem fit, as to the vehicles and vessels to be employed, the times of departire and arrival, and otherwise for securing the due, regular, and effici~nt performance of the contract; and the said Postmaster-General, or other authorized of£icer, may sue and be sued upon such contracts accordingly.
Ship letters
to be delivered on

inwards 49. All mail bags and packages, and also all loose letters and newspapers which at the time of the arrival of any ship or vessel within the limits of any port or harbor in the said Province, shall

arrival and demant.

be on board of such ship or vessel, directed to any person or persons 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 acting

for

39O & 40" VICTORIB, No. 49.

The Post Ofice Act.-1876.

for such Postmaster-General, postmaster. or port officer; excepting

always letters concerning goods on board such ship or vessel, and	Exceptionr.
to be delivered with such goods, and letters containing any con- veyance or other deed, commission, writ, or affidavit, and letters sent by way of introduction only, or concerning the bearer's private affairs.
50. The master, commander, or person in charge of any ship or vessel arriving at any port or harbor in the said Province, shall repair	Declaration to be
made by mastere of
veseele, on arrival, M
to the Post Office at such port, as soon after his arrival as shall be	to lettere.
practicable, and shall then subscribe a declaration in the presence of some person authorized by the Postmaster-General to take such declaration; which declaration shall be in the form set forth in the Fourth Schedule to this Act; and until such declaration shall have been made, and a certificate of the making thereof, under the hand of
the officer taking the same, shall have 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.

51. Every master or person having the command of any ship or	vessele for convepanaa
Gratuity to masters of

vessel (except Government or contract vessels, or packets as afore-	of ehip lettera, &o.
said) about to depart from the said Province for any port or place in or beyond the same, who shall receive on board any mail-bag or packages, for the purpose of conveying the same, according to the directions thereof, shall be entitled to demand and receive from the Postmaster-General, or postmaster, or port officer, who shall require him to take the same, for the carriage thereof, One Penny for every letter,3post card, or parcel contained therein, addressed to places beyond the limits of the said Pzovince, and One Halfpenny for every letter, post card, or parcel contained in any mail addressed to any place within the limits of such Province, newspapers excepted, such master or person giving a 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; but nothing herein contained shall entitle	the master [or person in charge of any vessel under contract for
the conveyance of mails to receive any gratuity for the same as aforesaid.
All veseels carrying
52. I n all vessels by which mails shall be conveyed under any such contract as aforesaid, there shall be provided a suitable locker,	mails, lockers to be
provided.
or other secure place in which such mails, and all letters, post cards,
parcels, and newspapers shall be locked up and carried apart from all other articles and things. And if such locker or place shall not be so provided, or if such mails. or any letter, post card, parcel, or newspaper shall be carried in any such vessel during the whole or any part of the vovage otherwise than in such locker or place, the master or person inihchaqe of such vessel shall, on conviction thereof, forfeit and pay a penalty not exceeding Fifty Pounds, or where there is no contract the master of such vessel shall not be entitled to any reward or gratuity for carrying such letters or mails.

53. Everv

89" & 40" VICTORII;E, No. 49.

Xh Post Ofice Act,-1876.

PART TT. 53. Every master of any vessel, except Government or contract

Twenty-four hours'	vessels, or packets as aforesaid, shall before sailing from any port
notice ot time of rail-
ing to be 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 hours' notice, in writing, of the time or intended time of sailing of such vessel; and every master of any vessel not catrying mails under any such contract as aforesaid shall, 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
Si* houre if coast-	the time or intended time of sailing of such vessel: And every such
w10e.	notice shall expire between the hours of nine o'clock 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 postponement of such time of sailing; and such postmaster or other officer of the Post Office shall, upon receiving such notice, grant a certificate to such master or persoa, and until such certificate shall
have been given the vessel shall not be cleared.

PART 111.

MONEY ORDERS.

Oovemormaymak~ 54. The Governor may, from time to time (subject to the pro- visions of this Act), make arrangements with the Postmaster- General of the united Kingdom, o h i t h the proper authorities of any British possession, or foreign country, for the issue and pay- ment by means of the Post Office qf money orders between South Australia and the said United Kingdom, possession, or country, and for the accounting for and transmission of moneys connected there- with.

arrangements fur irnue

ofmoney orders.

~oyernarm*~make~ 55. The Governor may, from time to time, make, rescind,

rescind, or alter regu-

latione relatingto	OF alter such regulations as shall be needed relating to money
money orders.	orders and to the persons by or through wham, 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 iil hvor of whom, and the places where, and the times when, and thc manner and form in which 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
circumstances under which the Postmaster-General may refund the whole or part of the money paid for any woney order, and under which ho 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 tlansrnit- 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

thi%

39" & 40" VICTORIB, No. 49.

The Post Ofice Act.-1876.

thing necessary to be regulated or done for perfecting a system

1x1.

whereby thc public may be enabled promptly and safely to remit

small sums of money through the Post Office.

56. A11 such nrrangements and regulations shall be binding and $$::tobind

conclusive unon the Dersons in favor of whom such money orders shall be issuid, and che payees thereof, and al l pcrsons iiterested through or claiming under them, and upon all other persons whom- sower, and shall have the same force and effect in all respects as if contained in this Act.

No action to be

67. No action, suit, or other proceeding at law, or in equity, shall be brought, instituted, or commenced against the Postmaster-General,	ro,,g ht in reBpeo
money orders, unleea

or any officer of the Post Office, or any other person whomsoeve;l for wilful default.

for or by reason, or in consequence of any such arrangements or

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 poundage thereto bcing refused or delayed, or on

account of accidental neglect, or omission, or mistake, or of any

other cause whatsoever without fraud or wilful misbehaviour on the

part of any person chargeable therewith, any law to the contrary

notwithstanding.

58. No money order shall he granted for a larger sum than Ten ~ ~ , " of ~ ~ ~ ~ ~ e ~ t

Pounds: and the Postmaster-General shall levy and receive, in

respect bf all money orders issued undcr the provkons of this ~ c t,

such rates of commission as the Governor shall, from time to time,

by such reguiations as aforesaid, appoint and fix.

amount of any money order heretofore or hereafter to be issued to refunded. 59. The Postmaster-Generd may at any time repay or refund the ~~p~; ; ' ~ ;~

the person to whom the same shall have been granted, his executors or administrators, whether mch money order shall remain or be in his

refunding as aforesaid, all liability by or on the part of the Post-	or their possessicm or not; and immediately after such repayment or
master-General, or any officer of the Post Office, for or in respect of such money order, or of the issuing of the same, or of the repay- ment or refunding of the amount thereof, shall as against all pexsons whatsoever cease and determine.

PART IV. PART IV.

OFFENCES AND PENALTIES.

60. The Postmaster-General, or other officer duly authorized for ThePostmaster- General to inflict finer

the time being, shall have power, and i t shall be his duty, to inflict for ,,pleatof	duty.
fines upon officers employed in the service of the Post Office for neglect of duty or for mistakes in the transmission, sorting, or delivery of any mails, letters, post cards, or parcels, or for the omission to forward or

c deliver

39" & 40" VICTORIA$ No. 49,

The Post Ofice Act.-1876.

P * ~ ~ deliver any such mails, letters, or parcels, or for any error in the transmission or payment of any money order, advice, or money, the limit of such fines to be fixed by regulations to be approved by the Governor.

On

tractors not carrying

61. If any person having entered into any contract with the Post- master-General for the carriage or conveyance of any mails shall, during the coutinuance thereof, unlawfully refilse or neglect to perform the same, or shall in any manner omit to comply with any stipulation or provision therein, he shall forfeit and pay a penalty or sum of not more than One 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 t.he contract.

out contract.

On masters,

&C., of ships inwards	62. ,4ny master, passenger, or other person. on board of any ship shall delay the &~mery' zf, or shdl lmouvingly or ncgligcntly detain on board of such ship or vessel, or keep in hie pnssession any mail- bag, mail-box, packet of letters, letter, post card, or newspaper (except as mentioned in clause 49 of this -4ct), after demand made, as in such clause mentioned, shall forfeit a& pay for every letter, post card, OF newspaper so delayed, detained, or kept, a penalty or: sum not exceeding Fifty Pounds.
not dolivcrina lettels	or vessel arriving at any port or harbor in the said Province, who
on demand.

On masters cf

ebipe inwards neglect- 63. Any master or commander of any ship or vessel arriving at make the declaratim prescribed by clause 50 of' this Act, or making a false declaratim, shall forfeit and pay a penalty or sum not exceeding One Hundred Pounds.

ing to	dcola-	any port or harbo~	in the said Province, failing or neglecting to
cation.

Penalty for not de-

livering mails con- 64. AI1 mail-bags and packages which are conveyed, or required

veyed ooastwlsc, bp by law to be conveyed by post, from one part of the said Province to

Or another, and whic6, at thc time of the arrival of any stem-boat or

vessels, on arrival and

demand.	other vessel: within the limits of any port, post town, or other place at which; inails or mail-bags are to be delivered, shall be on h a r d such steam-boat or other vessel, shall be iielivered on demand to airy port officer or postmaster of such port, post town, or other place, as aforesaid, or to any person duly authorized to act for thcm, or either of them; and any master, commander, or uther person belonging to any such steamboat or other vessel having charge of such mails, who shall 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 silch 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
E ifty Pounds.
Penalty on masters of

vessels refusing to 65. If any master or person having the command of any ship or

tyke mails.

vessel about to depart from the said Province shall (after bdng

these to

39" & 40" VICTORIB, No. 49. 19

The' Post Ofice Act.-1876.

thereto required by the Postmaster-General or by any such post-	PART	IT.
master, or port officer, or by any person duly authorized to act for them, or either of then) refuse or wilfully neglect to receive on board such ship or vessel, any mail-3ags or packages, or to* give a receipt for the same, or shall refuse or ncglect carefullv to deposit such mail-bag or packages in some secure and dry $ace on board of such ship or vessel, or to convey the same upon her then intended voyage, such master or person shall for every such offence forfeit and pay a penalty or sum not exceeding One Eundred Pounds.

66. If the master, commander, or other person having the charge Masters ofsteamers

of any steam-boat or other vessel proceeding or about to proceed oompoilcd to ta,re or other vessels coaat-

mnils,undernpenaltp.

from any port or place within the said Province to some other port receipt for the same, being thereto required, he shall forfeit and pay a penalty or sum not exceeding Fifty Pounds.

or place within the same, shall refuse or neglect to receive any such

67. Every master or person in charge of any steam-boat or other Penalty for.notgiving

a of eallmg. foreign country, or with the Government of the said Province, who shall omit to give notice as is required by clause 53 of this Act, or who shall depart from the said port before the expiration of the

vessel not carrying mails under contract with Her Majesty's notwe

i	time mentioned in such notice, s1d1 for every such offence forfeit
l	and pay the sum of Fifty Pounds.

68. Whenever the master or person in charge of any stca~n-boat Vessels not sailing

or other vessel shall have received mails from tlny postmastcr, for ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; s

convevance on board of sul:li steam-boat or other vcssel. and such mnp be recovered <

stcam-boat or other vessel shall not depart on her voyage according back.

to the time fixed for the departure thereof, by any n o b given as

herein provided, such m.aster or person having the command as

aforesaid, shdl return to the postmaster, port officer, or other

person duly authorized i n that behalf, by writing under thc hand of

Office, such mails, and also any gratuity which may have been paid	the Postmaster-General, or officer in immediate charge of the Post
for the carriage of the same; and in default of so doing, shdl on conviction thereof forfeit and pay any sum not exceeding Two Hundred Pounds.

69. Every master or person in charge of any steamboat or other ail-

vessel who shall refuse to heave-to or stop for the mail-boat, when boat.

required by the person in charge of ?he same, such mail-boat

carrying 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 rt sum not exceeding Ten Pounds nor less than Forty Shillings.

70. If any person shall knowingly send or put, or cause to be Penaltyon persona putting in or eendin g

sent or put, to or into any Post Office, any letter, newspaper, or letters exempt frm parcel, purporting to come within any of the exemptions mentioned postage, or liable to

in

96 3P $ 40@VICTORIB, No. 49.

The Post Ofice Act.-1876.

PUT XI-. in Part I. of this Act, or to belong in respect of its contents to one

the lower rate only, of the classes in which n lower rate of postage as mentioned in Part

they

rubject to the higher

be I, is chargeable, but which letter, newspaper, or parcel shall, to the knowlcglge of such person, not contain solely and exclusively that which the same is by this Act authorized to contain, or shall, to the knowledge of such person, contain 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 Ten nor more than One Hundred Pounds.

rate.

7 1. If any person shall fraudulently forge, alter, or imitate, or assist

Fraudulent iorging

8tampb emelope~r	Or	in forging, altering, or imitating, or shall use, offer, utter, or dispose of
covers.
any forgery or imitation of any stamp, stamp-envelope, or cover know-
ing it to be forged, or with a fraudul3nt intent. he shall be guilty of
felony; and OIL conviction shall be liable at the discretion of the Court to be imprisoned for any term not exceedjllg seven years.

Penalty for engra~ing

72. If any person, without the authority of the Postmaster-Gen era1 (the proof of which authority shall be upon the party accused), shall make, or cause or procure to be made, or shall aid or assist in making, or ahall knowingly have in his custody or possession any plate peculiarly employed for printing any stamp used for the purposes of this Act, or any Act relating to postage, or any die or seal peculiarly used for preparing any such or any plate, die, or seal intended to imitate any such plate, die, or seal as afbresaid, shall be guilty of felony, and on conviction thereof shall be liable at the discretion of the Court to be imprisoned with or without hard labor for any term not, exceeding ten years.

fa'a0p1atea9

39O 6k 40° VICTORIE, No. 49,

The Post Ofioe Act,--1876.

in his custody or possession, any paper, provided by the Postmaster-	.I,	PART IV.
General for the purpow of being 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, with or without hard labor, for not more than two years nor less than six months.

75. Letters, post cards, newspapers, or parcels bearing stamps U ~ i ~ ~ a t a m p l ~ h i ~ h

which have been previously obliterated or defaced, shall be treated as "W been defaced,

misdemeanor.

unpaid, and the Postmaster-General may open, Jetain, 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 rcrnove from any postage 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 indi- cating that such stamp has been once used, or shall knowingly or 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.

76. No letter shall be sent or carried for hire or reward otherwise Pena1tyforoarrying

than by post. And any person who for hire or reward shall send letters for hire.

or convey any letter otherwise than by post, or who shall take charge of the samc for such conveyance, shall on conviction thereof forfeit and pay for every such lettcr any sum not less than Five nor more than Fifty Pounds. And every such letter sent, ccnveyed, or taken charge of, to be conveyed otherwise than by post, shall be deemed to have been 40 sent, conveyed, or taken charge of for hire or reward, unless the contrary shall bc shown by the defendant. Boeptions.

But nothing herein contained shall extend to any letter exceeding sixteen ounces in weight, nor to any letter concerning goods sent and to be delivered therewith, or containing process of or proceeflings or pleadings in any Court of justice, briefs, cases, and i n s h ~ & ? ~ s

for counsel, and their opinions thereon respectively, dced, affihvit, QP letter of attorney; nor toimpletter sent by Pnyyerwro eabcdhing + - ,

his 'private affair@ by any special messengkr; nog to ?any; h%er~Hmd l < .. r. . j A

$de, spat or carried ts ar, fr;om the wearest Past 4Jffioe. :is. C! . I

S .

I. * : r ' k r, ( I 1 . :~ , { \ l <

I , 77. If E@& postntastt~, port . ot6ia~, or nbster ' d i anyietmtLicIjort ~ ~ ~ ~ , ~ ~ . ~ l p " ~ ~ ~ ~ ~

..OX vewL QX otherperam dnly ~ f i h t ~ i ~ k d t ~ .ftmeirc at. rdis@toh eqy adirsry of mail*, &C.

mails, shall neglect or fail to deliver, or shall retard the .Mkerp&f,

any bag, box, mail, letter, post card, parcel, or newspaper, h e ,shall, ,' ' * [ I t, t p y:t3 .l>!

{fah e a a q * such oRen&ej folllrfe5t aRd pay' a pealtp s$ai ,ride ex- .,; S, ,, ,: ,,

I

Prrwnds, ! S >.4 L c L 49 l! '

S i r . , i :: 1) - g 1 7 . * E l, , 4!

22 39" & 40" VICTORIlfE, No. 49.

The Post Ofice Act.-1876.

PABT IT. any of the rules and regulations so from time to time to be made as hereinbefore mentioned, or any of the provisions of this Act, for breach or neglect of which no other punishment is hereby provided, shall for every such offence, neglect, or omission, forfeit and pay a penalty or sum not exceeding Fifty Pounds.

Penaltiee on poet-

mastera, &C., etealiog	79. If any person, whether employed in the Post Office or other- or person employed to convey letters, or from out of apy Post Office, or dace an~ointed for the recei~t or deliverv of letters, or shall sted, or s6hl for any purpose e'mbezzle, takk, secrete, or destroy any letter, post card, newspaper, or parcel, or mail of letters, or other printed paper, or any matter or thing enclosed in any such letter, parcel, or mail 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 imprisoned, with or without hard labor, for any term not exceeding seven years.
or secreting lettern,	wise, shall fraudulently take from the possession of any postmaster,
La.
Penaltie8 on persone	80. Any person who shall fraudulently or wilfully, for the space of twenty-four hours, retain, secrete, keep, or detain, or being required

'randulentbretai* or ~ecreting letters.

by any officer of the Post Office, shall neglect or refuse to deliver up any post letter, post cards, newspaper, or parcel, which ought to have been delivered to any other person, or a letter-bag or mail, whether the same shall have beeu received or found by thi person secreting, keeping, or detaining, or neglecting, or refusing to deliver up the same, or by any other person, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labor, for any period not exceeding twelve mouths.

~ e m l t y

for impro- 81. If any person shall by means of any false pretence or mis- statement induce any postmaster or other officer or servant of the Post Office to deliver to such person any ietter, post card, parcel, or newspaper sent by post, and not addressed to such person, he or she shall on conviction thereof forfeit and pay any sum not exceeding

perly obtainingletters,

6t0.

Fifty Powds.

Penalty foropening 82. If any postmaster or other officer or servant of the Post be opened or tampered with, any mail-bag, mail-box, or mail-parcel, or any letter, post card, parcel, or newspaper, he shall be guilty of a misdemeanor, and shall on conviction thereof he liable to be im- prisoned, with or without hard labor, for any term not exceeding three years.

with Office shall, contrary to his duty, open or tamper with, or suffer to

Or

letters.

penaltyon unauthor-

bed persons opening	$3. Any person not being a postmaster, or not being duly authorized, who shall on any pretence whatever, open, or endeavour to open any letter bag or mail, shall be guilty of a misdemeanour, and shall on conviction thereof be liable to be imprisoned, with or without hard labor, for any term not exceeding three years.
maii- bags.
Penalty on oBcer

appointed to opan 84. If any officer of the Post Office who shall be speiallyc

letters actiig in aon- nominated by the Postmaster-General, in accordance with the pro-

travention of hu oath. visions

39" & 40" VICTORIB, No. 49. 23

The Post Office Act.-1876.

visions of this Act, for the purpose of opening all letters, newspapers,	PART IV-
and parcels, which shall require to bc opened, as bereinbefore mentioned, shall act in contravention of this Act, or of his oath or affirmation, to be made as sct forth in the Third Schedule to this Act, he shall for every such offence forfeit and pap a sum of not less than Five Pounds nor more than One Hundred Pounds.

85. If the driver of any mail coach or or other carriages used for n m ~ t i e e on mail

coach drivers, guard*,

the conveyance of the mail, or the guard, or any person in charge of kc.

a mail, whether conveyed by any such carriage, or on horseback, or

foot, shall loiter on thc road, or wilfully misspend or lose time, or

shall not in all possible c.xses convey such mail at the speed of such

a number of miles m hour as are fixed by the Postmaster-General

for the conveyance 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, such driver, or

guard, or person in charge, as the case may be, so offending, shall

forfeit and pay a sum not exceeding Five Pounds for every such

offence without prejudice to any penafitiea or fincs that may be inflicted

in terms of the contract or agreement for the conveyance of such

mails.

If any person shall put into any Post Office, or into any ~ i l l a r or box, or other receptacle for tile receipt of letters or newspapers omcereceivers

Penalty for plltting

rubbish, &C., in Poat

to be sent by post, any filth, stones, dirt, or rubbish of any descrip-

tion, he shdl forfeit and pay w sum not exceeding Ten Pounds.

86.

87. Any person who shall post or cause to be posted, or attempt No dangerous ~ u b -

to post at any Post Ofice. or put into any Post Office, or any	stance to be poatad.
pillar, cr box, or other rcceptacle f ~ r letters or newspapers, any ~nntches or other inflainlnable or explosive substancc or compound, or any letter or parcel contaicing any liquid, or liquid medicines, unless such liquid inedicines be strongly packed in a tin case and marked "Liquid Rfedicines," or any articlc or thing which might,
by pressure or otherwise, be or be reridered in any way injurious to the contents of the mail bags or to the officers of the Post Office,	shall forfeit and pay a penalty of not less than Five Pounds nor
more than Fifty Pounds.

83. Whoever shall enclose in or with any letter, parcel, or news- KO poison to be

paper, or shall put into any Post Office, or into any pillar, box, or posted.

other receptnclc for the receipt of letters, parcels, or newspapers, to

be sent by post, any of the several poisons called arsenic, corrosive

sublimate, prussic acid, essential oil of bitter almonds, or strychnine,

shall be liable on conviction thereof to a penalty not exceeding

Fifty Pounds.

89. No licensed vehicle shall stand or ply for hire opposite the Prevention of oh-

General Post Office, nor within twenty yards on either side thereof, the aenerai Poet

atructions opposite

and cvcry driver or person having the management of any vehicle, who

Ofice.

shall permit the same to stand OF ply for hire contrary to this

provision

24 39" & 40" VICTORIZ, No. -49.

The Post Ofice Act-1876.

P A ~ W. provision, shall forfeit for every such offence a sum not exceeding Five Pounds; and every hawker, newsvendor, or idle or disorderly person, who shall loite; in or about the hall, or any part of thk building for the time being used as the General Post Office, or on the flagway or pavement in front thereof, shall forfeit for every such offence a sum not exceeding Two Pounds.

Penelt~forerkibiting 90. If any person or owner or occupier of any building shall, or permit any letter-box or receptacle for letters to remain open thereon or therein, or who shall knowingly suffer or permit to be or remain in or upon. any building, not being a Post Office, any words, letters, marks, or devices whatsoever, whereby any person may be misled or induced to believe that such building is a Post Office; or

&D, b., aa Poat

Office or ~ ~ y a i	Mail. without the permission of the Postmaster-General, knowingly suffer
' any person who shall place or keep upon any vehicle, carriage, or boat, except the same shall be used with the sanction of the Post- master-General, the words '' Royal Mail," "Mail Coach," "Mail Boat," the letters " R.M.," or any other words, letters, marks, or devices whatsoever, calculated to lead to the belief that such vehicle, carriage, or boat, is employed with such sanction as aforesaid, or for carrying mails, shall forfeit and pay a penalty of not less than Five Pounds nor more than Twenty Pounds.
No ineulting or

obscene letter to be	91. Any person who shall post, or cause to be posted, any in- sulting letter or post card without any signature, or' with an anony- mous 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 circumstances post, or cause to be posted, any obscene letter, shall forfeit and pay for every such offence a penalty of not more than Twenty Pounds, or at the discretion of the Court shall be imprisoned for any term not exceeding six months, with or without hard labor.
posted.
cakrloaingletterad
lose or omit to deliver the same in due course, and notwithstanding that ing of any mails, letters, post cards, newspapers, or parcels, who shall 92. Any person who shall be employed in the carrying or deliver-
the same may be subsequeutly 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.

mail vehiclea to 93. The provisions of an Act, passed on the ninth day of De-

be licensed. cember, 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 ;" also, an Act, passed on the fourteenth day of September, one thousand eight hundred and fifty-four, numbered L, intituled "An Act to amend an Act to provide for the regulation and licensing of Public Conveyances, and to prevent the wanton ill-treatment of horses and cattle," shall extend and apply to all coqveyances used for carrying mails, and whether at a greater distance from the ex- ternal boundary of the City of Adelaide than thirty miles or not.

94. If

39" & 40" VICTBRIB, NO, 49,

The Post 0 @ e Act.--1876.

94. If any person shall knowingly and fraudulently put into any Post Office any parcel, or any packet purporting to be a parcel, in PAXT IY.

Penalty for falsely

or upon which, or the cover thereof, there hall be any letter, com-	sending parael.
munication, or intelligence not allowed by law, or 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 pay a sum of not less than Ten Pounds nor more than One Hundred Pounds,

95. If any person shall knowingly and fraudulently put into any Penalty for falsely Post Office any newspaper, in or upon which or the cover whereof 8endingnewapaPe'" there shall be any communication, character, figure, letter, or

number (other than a line drawrr through any report, article, or paragraph therein, the printed title of such ncwspaper, the names, occupations, and places of business of thc printer, publisher, and vendor thereof', the name, occupation, and address of the Derson to whom it is sent, and the words '; ~ e w s ~ a ~ e r only"), or in or w h which an3 thing shall be enclosed, or which anything shall accompany, or if

any person shall wilfully place the words aforesaid on any ,newspaper

or thing purporting to be a newspaper, or .on the cover n hereof respectively, linowing the same to be untrue, he shall, on conviction thereof, forfeit and pay a sum of not less than Ten Pounds nor more than One Hundred Pounds.

96. Any person who sliall unlawfully issuc any money order with	'Persons unlnwfully
issuing muncy-order

a fraudulent intent shall be guilty of felony, and on conviction thereof	to ba guilty of a
shall be liable to be imprisoned, at the discretion of the preskling	felony.
Judge, for any term not exceeding thrce years, with or without hard
labor, and with or without solitary confinement,

97, %very person who shal'l with fraudulent intent send, or cause	Pcrsons aending frdu-
dulont message guilty

to bc sent, any message or advice through the clectric telelgraph or	of a misderneunor.
otherwise concerning any money order, or any money, or commission
clue or recciwblc fronz or bq any pcrson, in respect of any money
order, shall bc guilty of a rnisclemcanor, and on conviction thereof
shall bc liablc to bc pullishccl with fine or imprisonment, or both, at	the discretion of thc presiding Judge, such imprisonment not. to
exceed three years, and to be with or without hard labor, and with or without solitary confincmcnt, and such fine imt to &wed Onc Hundred Pounds.

PART V.

LEGAL PROCET.)URE AND EVIDENCE.

98. A11 proceedings for offences against this Act or against any Proceeding to be

rule or regulation to be made by \;irtue hereof as aforesaid, in respect	heard and determined
i~nder Ordinance No.
of which offcnccs any pecuniary fine or penalty is imposed, shall be	6 of 1850.
heard and clctcriw~necl, and such fincs and penalties may be inflicted in
a summary way by any Special Magistrate or two or more Justices,
~mde t the provisiorrs of an Ordinance of the Governor and Legislative Council, No, 6 of lP50, '' To facilitate the performance of the duties

D of

* & 40" VICTORIB, No. 49.

The Post 02P;ce Act.-1876.

V. 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 snm- mary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance is mentioned.

of postnge, MIus pro- recOveq 99. I n any suit or other proceeding for the recovery of any post-

ban& to lie on the	age, payable under or by virtue of this Act, the person from whom
against.	any letter, post card, newspaper, or parcel, in respect of which any pobtage shall be sought to be recovered, shall purport to have come, shall he 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.
post Ofice charge on
any letter to be	100. In all proceedings whatsoever for the recovery of any postage, parcel shall, in all cases,. be cvidcnce of the liability thereof to be so charged, and that the sum so charged thereupon is payable as and for the postage thereof.
evidence.	the Post Office charge upon any letter, post card, newspaper, or
Prosecution of
offenoes.	101. In any indictment. information, or complaint, for any offewe committed upon or in redpect of any mail-bag, mail, box, or mail- parcel, or any letter, post carcl, parcel, or newspaper, sent by post, or any property, moneys, money orders, goods, chattels, or effects, under the management or control of the Postmaster-General, or where any act, matter, or thing shall have been done or committed with any maliciouu, injurious, or fraudulent design, intent, or pur- pose, in anywise 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 thin5 to have been done or committed with the intent to injure or defraud thc Postmaster-
. General of South Australia, without any further or other name,

party proceeded

addition, or description whatever.

payment

of fine, imp~isonrnent

102. '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 Peace, or Local Court of Adelaide, as the case may be, by whom such fine or penalty shall have been imposed, to order that, in default of payment thereof, the pcrson 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

may be awarded.

P months.

Appeal to Adelaide

Local Court of Full	103, 'There shall be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, or from any order
Juriediotion.
for payment of costs or otherwise, which appeal shall be to the
Local Court of Adelaide of Full Jurisdiction only, and the pro- ceedings on such appeal shall be cocducted in marker appointed by the said Ordinance, No, 6 of 1850, for appeals to Local Courzs;

but

39" & 40" VICTORIB, No. 49.

The Post Ofice Act.--1876.

but the Local Court of Adelaide aforesaid may make such order as

PART v.

to payment of the costs of appeal as it shall think fit, although such

costs may exceed Ten Pounds.

Court, upon

104. The Local Court of Adelaide, upon the hearing of any appeal may state one or more special case or cases for the opinion of the mav~tate~oeoi, i ' hearing of appeal,

caee.

supreme Court, and the' Supreme Court shall hear a i d decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court may make such crder as to costs of any special case as to the said Court shall appear just; and anv two or more Justices, or the Local Court of Adelaide, shall make an'order in respect to the matters referred to the supre& Court, in conformity witn the certificate of the said Supreme Court, or of any 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,

105. Save as herein provided, no order or proceeding of any Nocertiorari.

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.

106. All moneys that may be received for postage rates or duties Applicationof postage duties,

as penalties, kc.

to be levied as aforesaid, or for penalties, or fees under and by and the support of the Government thereof.

virtue of this Act, shall be and are hereby reserved to IIer Majesty,

107. All actions and suits to be commenced against any post- Protectiontoofflccrs.

master 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 one calendar month

in any such action may plead the general issue and give this Act at least before the commencement of the action; and the defendant 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 brought, or if after action brought the defendant shall pay into Court sufficient amends, but in such last-named case the plaintiff shall recover his costs of suit up to the time of payment into Court; and if st verdict shall pass for the defendant, or the plaintiff become nonsuit or discontinue, or if upon demurrer judgement shall be given against the plaintiff, the defkn- dant shall rccover 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 Her Majesty, I hereby

assent to this Bill.

A. MUSGRAVE, Governor.

FIRST

39" & 46" VICTORIB, No. 49,

\

FIRST SCHEDULE.

1, A.B., do solemnly and sincerely declare, that I will not willingly or knowingly dpen, detain, return, or delay, or cause or suffer to be opened, detained, returned, or delayed, axiy letter, poet card, or parcel which shall come into my hands, power, or cuatadg, by reason of my employment relating to the Post Office, except by ths consent of thc person UP persons to whom siich letter, post card, or parcel shall be directed, or by an eaprese warrant in writing for tbat purpoes under the hand of the Governor, or unlese otherwise in pursuance and under the nutharity of any of the provisions in that behalf contained in any Act, lam, or duly authorized regulation of the Province of South Austrdia, now or hereafter passed and made, or to be passed and made, for or in relation to the postage and conveyance of letters.

SECOND SCHEDULE

Inland. Intercolonial. Foreign.

--

_ 1 _ - - - _ 1. I_--

S. d. l ,, S, d.

POST CARD%. ...................................... 0 1 o 2 -

b o a LETTIIPS -

Not exceeding half an ounce ....................... 0 2 0 2 0 G*

For ever=. additional half-ounce, or fraction of half-ounce 0 2 0 2 0 G*

UPON PARCEL*

Not exceeding one ounce ............................ 0 1 0 1 o 1'

Not exceeding two ouncoa ......................... 0 1 0 2 0 2*

Exceeding two, but not exceeding four ounces ...........	0 2	0 4	0 4*
For every additional two ounces, W fraction of two ounces	0 1	0 2	0 2*

In addition to any Foreign Postage to be levied.

THIRD SCHEDULE,

1, A.B., do solemnly declare, that I will not intentionally read the contents, or mj.:

part of the contents, of any lettor, newspaper, or parcel which I map open in the discharge of my dnty, except so far as it may be necessary so to do for the purpose of aacertainitlg the .name atld addrens of the writer or sender of the same; and that I

demand by him, any of the contents of any such letter, newspaper, or parcel which

will not divulge to any person whomsoerer, except to the Postmaster-General upon

may have come to my knowledge in the course of opening and examining the

sdmc for the purpose aforesaid.

FOUR'I'H SCHEDULE.

I, A.B., the nlaster or person in charge of [state the ?tame

of the sh@ or vessel], arrived from [slate the ylnce], do, as required by l aw,

solemnly declsre, that I have ta the best of my knowledge and belief delivered, or caused to be delivered, to the person duly anthorizcd t 3 receive delivery thereof, every letter, bag, package, or parcel of' letters or packets, that were on board the

[stni'e the ttnme of the S@ or ucs:cZ], excep,t such lettcrs as arc

exempt by law from postage.

- -- - + -

-p---

Adelnidc: Bp mthority, W. C, C m, G o v c ~ ~ m n t Printer, North-terrxc.