Postage Act 1849 No 38a (NSW)
No. XXXVIII.
All Act to establish an Uniform Rate of Postage and to consolidate and amend the Law for the Conveyance and Postage of Letters. \}W i October, 1849.]
Y ^ r ilE llE A S it is deemed expedient tliat the postage on letters in Preamiiie,
| V V | New South Wales sliouhl be redvxced to om̂ uniform rate and |
that the jxrivilege of franking should he abolished the L(\gislativ(' Council of the said Colony pledging Lts(df to make good any deliciency of Revenue which may lx; occasioncxl by such alteration in the existing duties And whereas it is also expedient to rejxcal several Acts of the Governor and Legislative Council relating to the postage of letters in
| " | order |
| 1982 | No. 38. | IS'’ VIC. | 1849. |
JPoslaffc.
order that the law on that subject may he consolidated and amended Be it therefore enacted hy His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the first dav of Januarv next ensuing after th(' passing of this Act the following Acts shall he repealed except as to anything done or commenced to he done before the taking elFect of this Act and except in so far as any of the said Acts repeals any previous Act namely an Act jiassed in the fifth year of the reign of
| 5 Win. IV. No. 24 | His late Majesty King WTlliam the Eourth intituled “ An A ct to provide fo r the conveyance and postage o f Letters” and an Act passed |
| 2 Vic. No. 17 | in the second year of Her present ]\Iajesty’s reign intituled “ An- Act “ to amend an Act intituted ‘ An Act to provide fo r the conveyance and. |
postage o f I jc tters '” and an xict passed in the fourth year of Her
| 4 Vic. No. 9 | said Majesty’s reign intituled “ An A ct further to amend an Act “ intituled ‘ An A ct to provide fo r the conveyance ami postage o f “ Letters' ” and an Act passed in the fifth year of Her said Majesty’s |
| 5 Vic. No. 15 aiui | reign intituled “ An A ct to amend an A ct intituled ‘ An. A ct to amend “ ‘ an A ct intituled ‘ An A ct to p>r ovule fo r the conveyance and postage “ ‘ of Ljctters' ’ ” and an Act passed in the eleventh year of Her said |
| 11 Vie. No. 47 | Majesty’s reign intituled “ An A ct to amend the LjUic o f Lostage of “ Ljctters to and from the neighbouring Colonies o f Van Diemen's Lumd “ South Australia, and Western Australia'' and the same shall accord |
| repealed. | ingly cease to have any operation from and after the said first day oi' January except as aforesaid. |
Declaration to bo2. And he it enacted That the Postmaster General of the said
l e t t e r C o l o n y and every other Postmaster letter carrier or other person appointed under this Act shall before the exercise hy him of 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 which declaration such Justice is hereby authorized and required to administer in the words following tliat is to say—
“ I A. B. do solemnly and sincerely declare that I will not “ willingly or knowingly open detain return or diday or “ cause or suffer to he opened detained returned or delayed “ any letter or packet wtiicli sliall come into my liands “ power or custody hy reason of my employment relating “ to the Post Office except hy consent of the person or “ persons to whom such letter or packet shall be directed “ or hy an express warrant in writing for that purpose “ under the hand of the Governor or other person adminis- “ tering the Government or except in cases wh(>re the “ pai’ty or parties to 'whom such letter or packet shall he “ directed or who shall he chargeable uith the paymimt of “ tlie postage shall refuse to receive such letter packet or “ shall refuse or neglect to pay the postage and I'xcept “ such letters or packets as shall ho returned for want of “ true directions or where the party or parties to whom the “ same shall he directed cannot he Ibund and I make this “ solemn declaration hy virtue of tlie provisions of an Act “ passed in the thirteenth year of Her Majesty’s reign “ intituled ‘ An A ct to establish an uniform rale o f postage
| . | “ ‘ and to consolidate and amend the Ljutv fo r the conveyance |
“ ‘ and postage o f Ljctters.' ”
Declared before me
|
| The Governor to fix | 3. And he it cnacted Tliat it shall and may he huvfiil for the |
| tô estabifsĥ ralL’for | Govomor witli tlic advicc of the Executive Council to fix the rates |
| the receiving and |
| delivery of letters. and Postmasters respectively and their assistants for the reci'iving | and sums of money to he demanded liy the said Postmaster General |
despatching
| 1849. | 13̂ VIO | j . | No. | 38. | 1983 |
Postage.
cl(;spatching and delivering of letters and packets and to increase and rcalnce the same from time to time as to the said Governor and Council shall seem meet and to make sneh rules and re^ndations for the estah- lishin”' and managing- of the said several PostOlliees and the receivin'^ d(‘spatehing conveying and delivering of letters and packchs and the collecting and receiving of the said rate's and sums and thee said rides and rc'gulations from time to time' to altei- revoke' or l arv and sne*h f)ther rules and regulations te> estalilish in their stead as ivith the advice' albresaid he shall ele'cin e'xpeelient Pi-eevieleel he)\\ e;ver that sneh rates and sums so to he tixeel as albresaiel shall neit in any e-ase' cxeee'el the rates of postage; tixeel hy this Act.
t. And be it enae'teel 'I’hat lette'rs transmitted by the post shall Lotteistuieciiaiged
IVom anel after the tlrst elay e>f January next he; eliarge-el hy a \ eight G
ae'e'oreling to the folloAving scale' and that the several nundee'rs of rates
of ])Ostage' hereinafter se'f feirth shall he chargevl anel he' jeaiel em letters
transmitteel hy the post that is tei say - On every h'tte'r met exe-e'celing
half an ounce in iveight one rate' e>f jeeistage on ei ery h'tte'r e'xeex'ding
half an ounce anel not e'xee'e'ding one eeunee in weight two rate's eif
peistage on every lette'r exee'e'eling one ounce and not exceeeling twei
emnees in weight four rate's e>f ]>ostage on every le;tter exe-e'celing tuei
ounce's and neit exee'celing three' eeune'cs in Aveight six rate's of peistage'
and on eiA'cry letter exee'e;eling three; ounces and ne>t e'xe*e'e'eling foui'
ounces in weight eight rates oi‘ postage and for e'very oune'c in Ave;ight
above the Aveight ol‘ four emne-e's there' shall he eharge'd auel lake'ii tu o
additional rate's of postage; anel e'A'cry fraetiem of an e)une*e' above' the
Ave'ight of four ounces shall he charged as one additional e)une-e'.
T). And he it enaeteel That the' fedlowing rate's e>f ])e)stage' shall Hates of postage
he' eharge'd and ])aiel een letters transmitteel hy pe>st hetAve'en plae-e-s
Avithin the Colony that is to s:iy— (hi all letters not e'xeex'ding half an inland lettia*.
ounce in Aveight transmitteel hy jieist (not he'ing le;tte'rs poste'el in any
])ost toAvn addressed tei jiersons e>r places Avithin such town) there shall
hf; charged anel paid one uniform rate of two-jience Avithont reference
to the number of she'e'ts or jiie-e-e's of paper or e'uclosures e>f Avhie'h
the same may he eomprise'd or to the' elistaue'c en- nnmher of miles the'
same shall be conveyed anel that em all suedi letters if e*xe e'e'eling half
an ounce' in AÂ eight there' shall he' e-harge'd anel paid ])re)gre'ssive' and
additiemal rates of postage- (e-ae-h additional rate; being e-stimateel at
two-pence) according to the- scale- of Ave-ight anel nunihe'r of rates he-rein-
he-tbre- fixed and eleelare-d.
(5. Anel he it enae-te-el 'I’hat e»n all lette-rs ned e-xce-eellng half an Town letters,
ounce; in Aveight Avhen ])ut intei any Post Odice- for ele-livery at such i^ist Olfice en- Avithin tin- limits etf the city or toAvn in w hie-h such Post Oliiee; is situated the-re shall he charged anel jiaid an unilbrm rale- of one penny and on all sneh letters if exee-eding hall' an etune-e' in Aveight there shall he e-harged anel paid adelitietnal rate-s of jtoslage aeteoreling to the scale of Ave'ight anel nnmher of rate-s hereinbefore determined estimating anel e-harging e-aeli additional rate; at. etm; penny.
7. And he it enae-teel 'I'hat on all shi]) h'tte;i-s tlu-i-e shall he siiip letters,
e-harge-el anel paid in adelitiem to the inland ]iostagt- the' rati-s folloAving that is to say—On all h-tte-rs not e-xei'eiling half an ounce in weight the-re shall he; e-harged anel paiel erne- uniform rate of thr('e-pe;nce anel em all sneh le-tters if e-xee'e-eling half an emnee in Aveight there- shall he- e-harge-el anel ])aiel additiemal rate-s of ])Ostage ae-eordiug let the- scale- ol' Ave-ight anel nnmher of rate-s he-re-inhe-fore eontaine-d e-stimating anel e-harging e-ach aeklitiemal rate; at thre'e-])ene*e.
S. Anel he it enae-te-el d'hat the postage jiayahle- f o r le-t ters Postasv on si,ip
transmitteel hy vessels he-yemd the- se-a shall he ]>aiel hy the; se-mli'i- en delivery of such letters at the Peist Otlie-e; or other ])lace appointed fen- the receipt of such letters.
| 2 T— VOL. d. | 9. |
| 1984 | No. 38. | 13" VIC. | 1849. |
Fostage.
| Vostago on parcels | 9. Aiul 1)0 it euactcd Tiiat till' folloAving rates of postage shall prices current writs or proceedings of Courts of Justice Legislative papers and periodical puhlications (newspapers excepted) that is to |
| hr>?ŝ )eriSicarpil̂ b' | cliarged and paid on all hankers’ parcels patterns of merchandise |
| lientioiis. | - |
| Bankers’ parcels. | say— Packei s or covers containing notes orders specie or pass hooks without any letter or writing other than the name of the sender his place of abode and the name and address of the person to Avhom the |
| Battcrus. | packet shall he sent patterns or covers containing samples witliout any letter or Avriling other than the name of the sender his place of abode the prices of tin; articles contained therein and the name and address |
| Prices current. | of the person to whom the packed shall be sent prices current and catalogues witliout any writing other than the ])rices and tlie name and address of the person to whom the packet shall be sent packets or |
AVrits or proceedings covers Containing any Avrit or proceeding out of any Court of .Justice
of Com ts of Justice. deed convcyancc affidavit or letter of attorney Avithout any letter or
Avriting other than the name of the sender and the name and addrt'ss of the person to Avhom tin* packet shall he sent and packets or covers
Legislative Papers, containing printed Azotes and proceedings of Parliament and Colonial
Peviodic:il pnblica Legislatures or pamplilets magazines revicAvs and other ])criodical
| tieiis. | puhlit'ations (ncAA spapers excepted) \Autliout any other letter oi‘ Avriting other than the name and address of the person to Avhom tin; packet shall he sent for every such packet not exceeding four ounces in Aveight tAVO-p(‘nc(̂ and for c ery additional ounce or fraeiion oi‘ ;in ounce one halfpenny. |
| Thu Postmaster | 10. And Avheretis it is desirable to facilitate the pre-payment of |
| mu-’rrpp'rovaUo'̂ " letters and packets sent hy post | Be it enacted Tliat it shall be hiAvful |
cim.se stamps to be for tlic Postniastor General Avitli the approA’al of Ilis Excellency tln̂
inatle and sold.Governor to cause stamps to be made and sold indicating the rect'ipt
of such sum or sums of monev as mav he directed in that behalf hy
His Excellency the GoA'ernor.
| Penalty for forging | 11. And be it enacted That if any person shall fraudulently |
| stamps. | forge or imitate or assist in forging or imitating any stamp madt; under the authority of this Act or shall offer utter or dispose of any forgery or imitation of any such stamp Avith intent to defraud the llevenue or any person or body corporate or politic he or she shall he guilty of felony and on conviction shall he liable to imprisonment with or Avithout hard labor or to hard labor on the roads or other public Avorks of the said Colony for such term not exceeding seven years as the Court shall aAvard. | ||
| Stamped covers. | 12. And be it enacted That all letters or packets if enclosed in stamped covers or having a stamp or stamps atlixed thereto or im pressed thereon and all hankers’ parcels patterns prices current writs or proceedings of Courts of Justice periodical puhlications and Legis lative papers if enclosed in stamped covers or liaving a stamp or stamps affixed thereto or impressed thereon shall pass by the post free of postage the stamp or stamps in every such case being affixed or a])j)earing on the outside and being of the value oi‘ amount of the rates of postage to Avhich such letter or other packet or packets Avould he liable under this Act and provided that the stamj) shall not have been used before. | ||
| with .stamps not | |||
| Lettei's or packets | 13. And he it enacted That in all cases in Avhich any letter pared or packet shall he posted in and addi’essed to places within the said Colony having thereon or affixed thereto any Post Olffce stamp or stamps tlu' Aadne or amount of Avhich shall be less than the rate of postage to Avhich such letter parcel or packet Avonhl he liable under this Act if pre-])aid theri' shall he charged on such letter parcel or packet (neAvspapers excepted) a postage of double the amount of the difference hetAveen the value' of such stamp or stamps and the postage to Avhich such letter parcel or packet Avould be liable as aforesaid if | ||
| equal to postage. | |||
|
| 1849. | 13« VIC. | No. 38. | 1985 |
Postage.
lli. And be it enacted That in all cases in which letters and Additional postage
| ])ack(ts postttd in and addressed to places within tlie Colony shall l)(̂> | not pie- |
| posted witliont the postage being'pre-paid either hy stam[) or otherwise there shall he charged on such letters or packets newspapers exct'jited a post age of double the amount to which such letters or packets Avould otherwise he liable under this Act. |
15. And Avlu'reas letttn-s and packets sent hy the post artt charge- Letters le diiected
able hy laAv on being re-directed and again forwarded hy the post with a new and distinct r:ite of postage Be it enacted That on every post letter rtvdirected there shall he charged for the postage of such letter from the jilace at which the same shall he re-directed to the jilace of ultimate delivery (in addition to all other rates of postage payable thei'con) such a rate of postage only as tin,' same Avould he liable to if pre-paid.
10. ^Ind he it enacted That Betitioiis and Addresses forwarded rctiUons to uor
| to Her Majesty hy the post shall he exempt from postage. | 'xcm)n. |
17. And he it enacted That Memhers of the Executive and petitions to tin-
EegislatiAX! Councils may receive hy the ])ost Petitions and Addresses
1-0 lltu' Majesty :ind Ilis Exctdlency the Governor and Petitioiis ('oui'iciis'cxVnn\*)t̂
addressed to either the ExecutiA C or Legislative Council not exceeding tliirty-tAVO ounces in Aveight exempt from ])ostag(' Provided such Petitions and Addresses ht; sent without covers or in covers open at till! sides.
18. And he it cnacted That the following classes of persons Letters oi sailors and
may lioth send and receive letters not exceeding half an ounce in weight hy the post on their oAvn ])rivate concerns at a postage of one penny for each letter namely—EA cry seaman employed in Her Majesty’s Navy Avhether at Home or abroad Avhilst such seaman shall he tutually employed in Her Majesty’s Service every serjeant corporal drummer trum])cter lifer and private soldier in Her iMajesty’s llegular Eorccs Militia Etmcihle llcgiments Artillery or lloyal Mariiu's wlitdlier at Home or abroad Ai hilst actually employed in Her Majesty’s Service every serjeant corjioral drummer trumpeter lifer and private soldier in the service of the East India Company AA'hilst actually employed in the service of the Company hut ihe letters of commissioned oflicers oi' war rant odicers Avhether in the Army or Navy or midsliipmeu or masters’ mates of the Narw .u'C not included in this provision and Avith respt'H to letters sent hy any such privileged persons the folloAA'ing conditions shall he observed that is to say the postage of each letter unless sent from jtarts beyond the seas as h('r(!iuafter mentioned shall he paid on being put into a Post Otiict! and upon such letter shall he super- scrilted tlu! name of the Avriter and his class or description in tlie vessel ri!giment corps or detachment to Avhich he sluill belong and u])on ('very such letter there shall he Avritten in the handwriting of and sigm'd Ity th(! ofliccr luiving at tlit! time the command of the vessel or of tlu,' regimtmt corps or dtdat'hrnt'nt to A\Iiicli the privilegt'd person belongs the name of such otlicer and the name of such vessel or of such regi ment corps or detachment and with respect to letters received hy the post hy any of the said jtrivih'ged persons the following condititms shall he ohserAX'd the postage of each letter unless sent from parts beyond the seas as hcrcintiftcr mentioned shall he paid upon its being put into a Post OtTicc and it shall he directed to the privileged person spccilying on the superscr iption thereof tlie vessel or the regiment corps or detachment to which he shall belong and whenever the letters sent or reci'ived hy any such privih'g’ed persons shall he sent from parts beyond the seas Avithout the said postage of one penny being pre-paid every such letter slmll Ix! charged to the party receiving the same with a rtite of tAVo-pence and any letters received hy the post under this euactment hy any such jtrivileged ))ersons which may have been
re-dirocted
| 1986 | No. 38. | 13̂ VIC. | 1849. |
Fostacje.
i-e-clirccted sliall not be charged any postage on or in respect of such
| re-direction. | ‘ |
| Newspapeis. | 19. And he it enacted That printed newspapers forwarded hy post shall he liable to a postage of one penny for each ncAvspaper whether such postage he pre-paid or othenviso ProA'ided ahvays that although ncAvspapers may he sent hy the post and thereupon are subject to the rate of postage hereinbefore set forth it shall not lie compulsory to send them hy post hut the same may he sent in the Avay most eoiiA^enient to the parties concerned. |
| Conditions to br* | 20. And he it enacted T’liat AA-ith respect to cA'cry ncAvspaper |
| observed in posting |
| newspripers. | so fonvarded hy the post the following conditions shall he observed— Pirst it shall be sent without cover or in a cover open at each end second there shall he no Avord or communication Avritten or printed on the paper after its publication or upon the cover thereof nor any Avriting upon the paper or cover of it except the name and address of the person to Avhom sent third there shall he no paper or thing ('iiclosod in or Avitli any such pajier (other than an open coA'cr as afore said) fourth the said m^wspaper shall he put into the I’ost Office at such hours of the day and under all such regulations as the Postmaster General shall appoint fifth the postage on all ncAvspapers intended for j)arts beyond the Colony shall be pre-paid and every ncAVspaper placed in any Post Office contrary to the foregoing conditions or in respect of Avhicli any one of the said conditions has not been complied Avith shall he detained or charged the same rate of postage to Avhich a letter of the same AÂ eight AAould he liable. |
| Postage privileges to | 21. And he it enacted That except in the cases herein specified all privileges aa hatsoever of sending letters hy the post free of postage or at a reduced rate of postage shall Avholly cease and determine. |
| Postage if not pre |
| paid to be paid by | 22. And he it enacted That in all cases in Avhieh the postage of |
| the receiver | an_A letter shall not lia e been paid hy the sender either hy stamp or otlierAvise it shall he paid hy the person to Avhomthe letter is addressed |
| or if refused iV:c. by | on the deliv(>iw thereof to him hut if tlu; letter he refused or the party |
| the sender. | to Avliom it is addressed shall he dead or cannot be found the Avriter or stmder sliall pay the postage and this enactment sliall ajiply to every jiacket iieAvspaper and thing Avliatsoever cliargeahlc Avitli postage Avhicli shall be transmitted hy the post. |
| Registered letters. | 23. And he it enacted That in case the Postmaster General .shall at any time deem it expedient that any post letters should ho ri'gistered hy the Post Office the Postmaster General may charge for each letter so registered such rate of postage in addition to any other rates payable under this Act as tlie Governor Avitli the advice of the Executive Council shall from time to time direct (hut such registration shall not render the Postmaster or the Post Office EeA^enue in any manner liable for the loss of any such post letters or the contents thereof) and all registered letters shall he delivered to the Post Office and also he delivered hy the Post Office at or hetAveen sucli hours in the day and under all such regulations in every respect as the Postmaster General shall from time to time appoint and the Postmaster General may therein reciuire such registration rate to be paid on the letter lieing put into the Post Office. |
| Apparent writer to | 21. And he it enacted and declared That in any suit or other |
| be deemed the sender | proceeding for the recovery of any postage payable under or hy virtue of this Act the person from Avhom any letter in respect of Avhich any postage shall he sought to he recovered shall purport to have come shall he deemed tlie sender thereof and the onus shall lie upon the party proceeded against to proA'e that such letter did not come from and Avas not sent hy him. |
| Post Offijce tax to be |
| evidence of postage | 25. And be it enacted That in all proceedings Avliatsoever for |
| due. | the recovery of any postage the Post Office tax upon any letter shall |
| 1849. | 13'̂ VIC. | No. 38. | 1987 |
Vostaf/e.
in all cases be evidence of the lialiility of su(di Icttei* to 1k'- so taxed and tliat llie sum so taxed thereupon is payable as aiul for tlic posta^'o thereof.
2(). And 1)0 it enacted That in ease any Postmaster shall Provisions for sur-
| suspi'ct and believe that any letter or packet put into his office or I’ceeived by him as such Postmaster and purjiorting to he a “ lianker’s jiareel ” “ pattern” “ price current” “ writ or proceeding of any Court of -lustici'” “ periodical puhliciition ” “ Legislative p:iper ” or “ nmvsjiapi'r ” dotli not in fact contain solely and only tliat which the same shall so purport (o cont;iin as aforesaid or doth con1;iin some jiapcr note or otlu-r thing or writing Avhicli under this Act would subject such letter or ])ackct to postage it shall hi' hiwful 1‘or such Postniiistcr :ind he is hereby rc([uired to mark upon such letfer or jiacket the ;imoun1 of such postage and such amount shall he demanded and received accordingly Provided always that in every such case of surcharge if it shall at any time within ten days next following tlic delivery of the letter or packet he made to ajipear to the satisfaction either of the Postmaster hy whom such letter or packet was so delivered or of the Postmaster General that the same Avas not in fact lialilc to ])ostagc then the amount of the surcharge or excess of postage shall he returned to the party who shall have paid the same and provided that if the person to whom the letter or packet is delivered shall so reijuirc the Postmaster hy Avhom the same shall he so delivered shall at the time of such deliAcrv thereof examine not only the outside hut | r, | * |
tiu'contents of the said lett(‘r or ])aekct in that ]ierson’s presemee and tliereupon demand and take tlu* postage lawfully due on evei’y sueli letter or ]iaeket according to the provisions of this Act.
27. And he it enacted That ('xeejit in the ease of unclainu'd iietum of letters,
and undeliAered letters no letter or ])aekct AvhatcA'cr shall under any eireumstanees he returned to the Avriter or sender thereof Avithout the express consent of the person to Avhom the same is directed nor unh'ss hy virtue of an express Avarrant in Avriting under the hand of the Governor shall any letter or packet he sent or delivered othenvise than according to the direction of the same.
28. And he it enacted 'Phat it shall he kiAvful for the Pos t - puat e . Uon-
master General and any officer of tlu' Post Otliee to detain any letters or ])aekets AAdiieh shall he ]iosted or sent hy the ])ost eontraiy to the regulations of this Act and to open such letters or ])ackets and either to return them to the senders thereof or to fonvard them to the places of tlu'ir (h'stination charged in such case AA'ith the postage to Avhieh the same are liable.
29. And he it enacted That it shall he laAA'ful for the P o s l - f m - a m -
master General lor the time being under such instructions as shall lx; from time to time in that behalf given to him hy the Governor to enten-
into any contract or contracts in Avriting from time to time in his OAvn
name on behalf of the Government for or in respect of the eaia-iage or conveyance of the several mails throughout this Colony or any or either of them and to sue and be sued upon such contracts accordingly and if any person having ent('red into any such contract shall duringi’''n»'<y"»<'on-
the continuance thereof unhiAA-fLilly refuse or neglect to perform for the due performance of the contract.
same or shall in any manner omit to comply Avith any stipulation or
pi-ovision therein he or six' shall forfeit and jiay a jiimalty or sum of
not less than live pounds nor more than fifty pounds OA'cr and above
the penalty recoverable upon such default hy virtue of any bond into
30. And he it enacted That all mails hags boxes or iiackets of letters or ne'\vs])apers and also all loose letters and newspapers wiiieli on arrival to Post-
| at the time of the arrival of any ship or vessel Avitliin the limits of any ^ | penalty. |
port
| 1988 | No. 38. | 13̂ VIO. | 1849. |
Fostage.
port or harbour in the said Colony shall be on board of such ship or vessel directed to any x>('i‘son or persons within this Colony or its Dependencies shall be delivered on demand to any Postmaster or Port Otlicer of sucdi port or harbour or to any person duly acting' for sLieh
| Exceptions. | Postmaster or Port Officer excepting always letters concerning goods on board such ship or vessel and to be delivered with such goods and letters containing any conveyance or other deed comuiissioji writ or aflidavit and letters sent by way of introduction only or concerning the bearer’s prh'atc affairs and any master passenger or other person | . - | . | - | P |
on board of such ship or vessel who shall knowingly or negligently detain on board of sueli ship or vessel or keep in his or her pos session any mail bag mail box packet of letters letter or newspaper (except as aforesaid) after such demand made as aforesaid shall forfeit and pay for every letter or ncAvspapcr so detained or kept a penalty or sum not exceeding th e pounds.
Maiisto bo (toiivcrcd 31. And bc it eiiactcd That all mails bags Imxes or packets or a'lrU ai'o i'a vr&sGi a t Icttcrs 01’ ncwspapors wliicli are conveyed or required l)y law to be
any port or a t any convcycd bv uost fi'om oiic uai't of tlic Coloiiv to tlic otlicr aud wlliell sea coast or bank of Jp tlio time of tlic arrival of any steam boat or otlier vessel within the a navigable river, limits of ally sucli poi't post town or otlicr place situated as aforesaid
shall be on board such steam boat or other vessel shall l)C delivered on demand to any Port Officer or Postmaster of such port post town or other place situated as aforesaid or to any person duly authorized to act for them or either of them and any master commander or other person belonging to any such steam boat or other vessel having charge of such mails iiTio sliall refuse or neglect to deliver the same on demand as aforesaid or shall detain or permit the detention of the same on board such steam boat or other vessel or shall not use due diligence in
| And to be kept sale | the delivery thereof as well as for the secure and dry custody of the |
| and dry while on | |
| board under a | same while they shall be in his charge shall forfeit and pay for every |
| penalty. | such olfenec a penalty or sum not exceeding fifty pounds. |
| Allowances to mas | 32. And be it enacted That every master or other person in |
| ters of vessels for |
| ship letters inwards. | charge of any such ship or vessel arriving from parts beyond the said Colony shall be entitled at any time after the exjiiration 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 packet newsjiajiers excepted so delivered on demand as aforesaid or delivered voluntarily to any Postmaster or Port Officer or at any Post Office excepting only mail bags and packages reeeii cd according to law from the General Post Olfice in England and every such master or person shall give a receipt tor the money so received which receipt shall be to the Post master obtaining such letters or packets a sufiieient voucher and the same shall be allowed him in his account accordingly. |
| Vessels tlcpartiii,-:; | 33. Aud bc it enacted That if any master or person having the commaiid of any ship or \ essel about to dejiart from tliis Colony shall |
| under a penalty.' | (after bciiig thereto required by any such Postmaster or Port Ciffiecr) refuse or wilfully neglect to receive on board such ship or vessel any mail or bag or box of letters or shall refuse or neglect carefully to deposit such mail or bag or box in some secure and dry place 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 otfcnce forfeit and |
| Allowance to mas | |
| ters of vessels for | pay a penalty or sum not exceeding one hundred pounds Provided |
| ship letters outwards. | always that overy such master or person in command or who shall receive on board any such mail or bag or box (for the purpose of con veying tlie same according to the direction thereof) shall be entitled immediately lo demand and receive from such Postmaster or Port Officer for the carriage thereof one jiimny for every letter or packet contained therein newspapers excepted such master or person giving a |
recei])t
| 1849. | 13'’ VIC. | No. 38. | 1989 |
VoKlago.
receipt for tlui amount so received by him wlvicli receipt sliall be a suUlcient voucber I'or suck ])aym(‘nt and tlu' same sliall lu- allowed such Postmaster or Port OlBcerin his account aecordingdy.
| .‘5 1. | And be it enacted 'Hiat if any master commander or | o t lu 'r iM a s te r s o i com- |
person liaving'the charge of any steam boat or ot her vmssid pi’oceeil-
ing or about to proceed from any port or place witliin the Colony to mulls on hoard umi
some other port or place within the same shall ri-fusi' or neglect tii
re(*('ivc! any such Post Ollicc mail on board such steam boat or otln'r i«'imity.
vi'ssid or to give a receipt for the same Ix'ing thereto requiri'd lie sliall
forleit and ])ay a jienalty or sum not cxc'ceding fifty pounds.
do. And be it enacted That the master commniuh'r or other stranmrs &e. to gu-e
| pi'i'son having the charge of any such stt'am boat or oilier | •̂ess('l shall | anŷ d |
give timely notice of the near ajip'roach tlu'reof to any such port ])os1 u|>i«mifiui fm-tim
town or other place situated as atbresaid either by tin* ringing of a ,\riou!n's midm'a*''*
bc'll or by such otlu'r concerted signal as may reasonably b<‘ ('xpcctc'd rmiuiiv.
to bi'distinctly heard or seen by such Postmaster or otlier person a
sullicieni time before the actual arrival of such steam boat or otlu'r
vessel to enable him to be prcjiari'd to receive or dispatch any mail ou
board such steam boat or other vessel and if any such master com
mander or other person as aibresaid shall rel'usi' fail or neglect to give
such notice lu' shall for ('very such otfcnce forfeit and jiay a jienaliy'
or sum not exceeding fifty ])ounds.
d(!. And be it cnacted 'I'hat for the conveyanc’c of any mails .Miowun.’ctomuUms
from one ]iort post town or other ])laco to aiiy other such jiort post town or otlu'r ])lace within tlu' said Colonv the master or commander or any' other person having the charge' of any such stixim boat or otluu' vi'ssel shall be entitled to demand and receive at the rail' o!‘ oiu' halfp('nny' for every letter or [lacket chargeable with ])ostage contaiiu'd in such mail and such jiayments shall be made at such jilace and tiiiu' and under such regulations as the Postmaster General shall appoint and ev('iy such master commander or other jicrson as aforesaid shall givi' a recei])t for the amount so received by him which receipt shall b(' to the Postmaster General or to any Postmaster or other jierson as aforesaid making siu'h payment a full and valid discharge for the same and the said l^ostmastcr General and everŷ such h’ostmaster and other pf'i'son in passing his accounts shall receive credit for every such sum or sums wliich shall be therein iw'ntioiu'd accordingly Providc'd that such master or otlu'r person having the charg(' of any' such steam boat or other vessel shall not be entitled to demand or receivi? any such payment in respect of any newspapiw or newspapers placed on board such vessel by the l^ostmastcr General or other person duly authorizc'd in that behalf.
dv. And bc it cnacted 'fliat if any Port Ofilcer Postmaster or rcnaity lor dekiying
otlier person duly authorized to receive or dispatcli any such mails ŝ aforesaid shall neglect or fail to deliver or shall retard the delivery of any bag box mail letter packet or newspaper lie sliall for every such olfencc forfeit and pay a ])cnalty' or sum not exceeding ilfty pounds.
oS. And be it enacted That after the commencement of this I’cndity loi-si-nding
Act no letter or packet chargeable with postage (except J^ewspapers convi'ying such letti'r or packet or taking charge oi' the same for such carriage or con veyance shall for OAUiry such letter or packet forh'it and pay a pc'nalty or sum not excei'ding twi'nty pounds and every such h'itc'i- and packet s('iit or carried or takc'ii ciiargi' of to be carried otherwise tliaii by jiost shall be decmc'd in any prosecution 1‘or this
as aforesaid) shall be carried for hire or reward otherwise than by i»«t-
])ost and if any such letter or packet shall lie so carric'd or conveyed
or be sent or taken charge of for the purpose of being so carried or
(‘onveyu'd by any' pewson (noi being a person employu'd in the Post
olfencc
| 1990 | No. 38. | 13“ VIC. | 1849. |
Postage.
offence to have been for hire or reward unless the contrary shall he
| shewn hy the defendant. | . |
| Exceptions, | 39. Provided always and he it enacted That nothing in the last preceding clause contained shall extend to any letter or packet exceed ing sixteen ounces in weight nor to any letter or packet concerning goods sent with such goods and to be delivered therewith or containing any writ or proceeding out of any Court of Justice or deed conveyanc(' affidavit or letter of attorney nor to any letter or packet sent hy any person concerning his or her private affairs hy any special messenger nor to any letter or packet bond fide sent or carried to or from the nearest Post Office. |
| Penalty for offencos | 40. And he it enacted That any Postmaster or other officer |
| by persons in the |
| Post Office. | belonging to the Post Office or any person employed hy or under a Postmaster or in the receiving sorting carrying conveying or delivering of post letters or otherwise in the business of the Post Office Avho shall offend against or wilfully neglect or omit to comply with any of tlu* rules and regulations so from time to time to be made as aforesaid oi- any of the provisions of this Act shall for every such offence neglect or omission forfeit and pay a penalty or sum not exceeding fifty pounds. |
Penalty for delaying 41. And be it ciiacted That if the diffi'er of any mail coach or the arrival of mail?, other Carriage used for the conveyance of the mail or the guard or any
person in charge of a mail whether conveyed hy any such carriage or on horseback or foot shall loiter on the road or wilfully mispend or lose time so as to retard the arrival of the mail at its proper destination or shall not in all possible cases convey such mail at the speed of such a number of miles an hour as are fixed hy the Postmaster General for the conveyance thereof unless the circumstances of the Aveather or the badness of the roads or the occurrence of any accident shall prer'ent the same then and in every such case the drir’er or guard or person in charge (as the case may he) so offending and being convicted th(*r(*of hy his OAA'n confession on vieAV of a Justice or the oath or oaths of one or more ci’edible witness or witnesses shall forfeit and pay a sum not exceeding five pounds for every such offence.
| Punishment for | 42. And Avhercas post letters are sometimes hy mistake de- |
ing'uftlTdffiivCTy*'’'’ Uveretl to the AA rong person and post letters and post letter hags are
thereof hy mistake lost ill the cotu'se of conA'cyancc O r delivery thereof and are detained
anLviifuny secreu by Hie findei’s ill expectation of gain or reirard Be it therefore enacted
| or detaining any | That CÂ erv person Avho sliall fraudulentW retain or shall Avilfiillv |
| been h.st, | secretc or keep or detain or being required to deliver up by an officer of the Post Office shall neglect or refuse to deliver up a post letter AA'hich ought to have been delivered to any other person or a post letter bag or post letter Avhich shall have been sent Avhether the same shall have been found hy the person secreting keeping or detaining or neglecting or refusing to deliver up the same or by any other per son shall he guilty of a misdemeanor and being convicted thereof shall he liable to he punished by fine and imprisonment. |
No hackney carriage 43. And to pi’cvcnt obstructioiis opposito the General Post positlf the 'oenerai Office Be it enacted That no hackney carriage shall stand or ply for Post Office umier a hire opposite the General Post Office or any part thereof respectively penalty. cA’cry driA'Cr or any person having the management of any
hackney carriage AAffio shall permit the same to stand or ply for hire opposite the said Post Office shall forfeit for every such offence five ])ounds and for the purposes o f this provision c ery carriage with two or inoreAvheelsAvhateA^er may hethe form or constructionof such carriage or the number of persons Avhich the same shall he calculated to convey or the number of horses by which the same shall he draAvn shall he a hackney carriage Avithin the meaning of this Act and in all pro ceedings at hvAV or othenvise and upon all occasions Avhatsoever it
shall
| 1849. | 13̂ VIC. | No. 38. | 1991 |
Fostage.
shall be sulTicicnt to tlcscribo it by the term hackney carriage and
every hawker newsvendor or idle or disorderly person who shall st(jp No iiowkei- ncws-
or loiter on the flaii^way or pavement opposite the General host Ohlce
or any part tlun’eof respeetively shall forfeit for every sucli olfenec five umiLr ,i iieiuiity.
pounds.
f i-.. And bc it enacted That if any person wdiether employed in riniisimicnt for
the Post Office or otherwise shall fraudulently take from the possession Jitrsllns 'in tlil' I'ost
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
])Ost letti'rs any letter or ])aeket or mail of letters or any matter or
thing enclosed in any such letti'r packet or mail (sent or to he sent by
such post) or shall fraudulently take any letter or packet or any matter
or thing enclosed therein out of sucli hag or mail every such person so
offending shall be deemed guilty of felony and on conviction theriHif
shall be liable to lie imprisoned with or without hard labor or if a
male to be worked on the roads or other public works of the Colony
for such term not exceeding foartcen years as the Court shall award.
45. And for the more effectual prosecution of offences committed Proseeution of
against the Post Office Bc it enacted That in any indictment or in formation for any offence committi'd upon or in respect of any property which may he laid in or stated to belong to the Postmaster General it shall be sufficient to state any such property to belong to and to lay it in the Postmaster General of the said Colony and it shall not bc necessary to specify the name or addition of any such Postmasti'r General and that whenever in any indictment or information for any offence committed against this or any other Act relating to the Post Office it shall bc necessary to mention for any purpose whatever the said Postmaster General it shall be sufficient to describe such Post master General as the Postmaster General of the said Colony without any further or other name addition or description whatsoever.
40. And be it enacted That all offences against this Act or Pioceodings for
against any or either of the rules aud regulations so to be made under this Act as aforesaid in respect of wliich said offences any pecuniary fine or penalty is by this Act imposed (where no other provision for tlie recovery thereof is in that behalf made) shall he heard and deter mined and such fines and penalUes be awarded and imposed in a summary Avay by aud before any two Justices of the Peace upon complaint in that behalf made aud all fines and penalties so awarded and imposed shall go and be distributed and all persons aggrieved by any summary conviction under this Act shall he entitled to appeal therefrom in the manner provided respectively hy the Act of the said Governor and Council passed in the fifth year of the reign of Ilis late Majesty King William the Pourth intituled ‘■'An A ct to regulate r>wM. w.
summarg proceedings before Justices o f the Peace” Provided however that no formal information shall be necessary but that on due sc'rvice of a summons all subsequent proceedings shall be and be held to be as valid and effectual as if a formal information were filed Provided further that in every such summons the general nature of the complaint shall he succinctly stated and that all such proceedings shall be taken in the name of Her Majesty’s Attorney General or of the Postmaster General or of some other officer employed in the Post Office Depart ment of the said Colony.
47. And he it enacted That if any action or suit shall ffo (''''''t einiic.ractions
commonced ai^ainst any person or persons lor anything done in pursuance of tliis Act the same shall be commenced within twehu months after the fact committed and not afterwards and the ocnurai iasue,
defendant or defendants in such ad ion shall and may plead the general issue and give this Act and the special matter in evidence and that the same was done in pursuance and bv the authority of this
| 2 u—VOL. 3. | Act |
| 1992 | No. 39. | 13*̂ VIC. | 1849. |
Melbourne Building.
Act and if it shall appear so to bo done or that such action or suit shall he commenced after the time before limited for bringing tlu; same the jury shall find for the defendant or defendants and upon a verdict for the defendant or if the plaintiff or plaintitfs shall Ik; nonsuited or discontinue his her or their action or suit after the defendant or defendants shall have appeared or if upon demurrer
| Treble costs. | judgment shall he given against tlu; plaintiff or plaintiffs the defendant or defendants shall and may recover treble costs and have the like remedy for the same as any defendant or defendants hath or have by law in any other cases. |
| Appropriation of | 48. And he it enacted That the moneys to arise hy and from |
| postage duties &c. | the several rates and duties as aforesaid and also all sums of money imposed and levied hy way of penalty under the provisions of tliis Act (except such part thereof as may bc payable to the party suing or informing in respect thereof) shall respectively he paid to Her Majesty Her Heirs and Successors for the jiublic uses of the said Colony and in support of the GoA'ernment thereof and shall he applied thereto in such manner as shall he directed liy any Act to he passed bv the Governor ami Legislative Council of the said Colonv. |
| po-wers vested in |
| Not to interfere ■with | 49. Provided ahvays and it is hereby declared and enacted |
| Postmast(ir General | That notliing in this Act contained shall he construed to abridge or |
| in England and | |
| Commissionersof the | interfere with the poAvers vested respectively in the i^ostraaster General |
| Treasury. | in England and the Commissioners oi' Her Majesty’s Treasury or any three of them by a certain Act of tlic Imperial Parliament of Great Britain and Ireland passed in the seventh and eighth years of Her |
| 7 | 8 Vic cap. 49. | Majesty’s I’cign intituled “ An A ct fo r the better regulution o f ColonUd BostsA |
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