Postage Act 1851 No 17a (NSW)
| 2446 | No. 12. | 15° VIC. | 1851. |
Postage.
No. XII.
An Act to consolidate and amend the Law for Conveyance and Postage of Letters, \22nd December, 1851.]
1̂ it enacted by His Excellency the Govcvnor of the Colony of | 3 New South Wales by and with the advice and consent of the Legislative Council thereof That from and after the passing of this Act the Act of the said Governor and Council made and passed in th(‘
| 18 Vic. No. 38 re- | thirte(‘nth year of the reign of Her present Majesty intituled '■‘Au Act “ to establish an uniform rate o f Postage and to consolidate and amend' “ the Laio fo r the conveyance and Postage o f Letters^' shall be repealed exeept in so far as the same operates to repeal certain preceding Acts therein mentioned and the same shall thenceforth cease to have any operation except as aforesaid and except as to anything done or com menced to be done before the taking effect of this Act. |
l>ealc(l.
| Governor ami Ex | 2. And be it enacted That it shall be lawful for the said |
| ecutive Council to |
make rules for estab-Govenior with the advice of the Executive Council to make rules
iisiiiiiK Post Offices and regulations for the establishing and managing of the several Post Offices within the said Colony and the receiving dispatching carrying and delivering of letters packets and parcels and the making- custody and sale of stamps and the receipt and payment of moneys in connection with the said Post Offices and the conduct of all Post masters and other officers of the Department and the said rules to alter revoke or vary and such other rules and regulations to establish in their stead as with the advice aforesaid he shall deem expedient and also to reduce the postage on letters packets or parcels under any such special circumstances as shall appear to the said Governor and Executive Council to render such reduction expedient.
| Governor may | 3. And be it enaeted That it shall be lawful for the said Govcmor from time to time to appoint and remove a Postmaster General and an Inspector or Inspectors of Stamps and to appoint and remove or depute to the said Postmaster General the power to appoint and remove such officers clerks and servants as may be required for the General Post Office at Sydney and that it shall be lawful for the said Postmaster General from time to time to appoint and to remove Post masters for the various post towns and places out of Sydney. |
Deciarntion to ije 4 . And be it enacted That the Postmaster General of the said G en era fco stm asto Colony and cvcry otlier Postmaster letter carrier or other person letter cnnier.s &c. appointed uiidei’ tliis Act shall before the exercise by 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 that is to say—
“ I A. B. do solemnly and sincerely declare that I will not “ willingly or knowingly open detain return or delay or “ cause or suffer to be opened detained returned or delayed “ any letter or packet Avhich shall come into my hands “ power or custody by reason of my employment relating “ to the Post Office except hy the consent of the person “ or persons to whom such letter or packet shall he
| ̂ | “ directed or by an express warrant in writing for that “ purpose under the hand of the Governor or unless other- “ Avise in pursuance and under the authority of any of the “ provisions in that behalf contained in any Act Laiv or “ duly authorized regulation of the Colonv of New South |
| " | Wales |
| 1851. | 15̂ VIC. | No. 12. | 2447 |
Postage.
” Wales now or hereafter jiassed and made or to he passed “ and made for or in relation to the Postaj ĉ' and Convey- “ ance of Letters.”
5. And he it enacted That cvcry parcel or pachet whatsoever Every paroui or
hy whatever name called or however made n]> Avhich sliall he sent l)y |ni!;[*i7'uViau’’bu'
post or put or received into any Post Office for transmission or delivery deemed a paeket.
hy the post 'shall if not a letter he deemed to he a packed within the
nK'aniny of this Act.
6. And he it ena cted That all letters and packets transmitted'-otters to be ciiarijed
| or received hy post except as hereinafter is excepted shall from and | ̂ | ‘ ' |
after the passing of this Act he charged hy weight only according to tlu' following scale that is to say for any Aveight not exceeding half an ounce avoirdupois one rate of postage for any n eight exceeding half an ounce and not exceeding one ounce two rates of postage and for each additional ounce or fraction of an ounce heyond one ounce tivo additional rates of postage Provided always that the Postmaster rroviso as to when
General or other Postmaster shall he at liberty to refuse rect'ive or to transmit by post any lettt'r or packet exceeding sixteen ounces in wt'ight or of inconvenient form or dimensions or containing or reason ably suspected to contain any article likely to injure the other contents of the mail bags.
| 7. And he it enacted That the following shall he the rates of | of jmstage. |
postage payable according to the scale aforesaid upon letters and packets (except as hereinattcr is excepted) transmitted or received hy the post that is to say upon all letters and packets received at any Town letters.
Post Oflicc for delivery at such Post Office or at any place within the
| lim its of the city or town in Avhich such Post Office is situated the | ' |
| sum of one penny upon all letters and packets to he transmitted hy inland letters. post betAveen separate post toAvms or places AAdthin the said Colony the sum of tAvo-pence and upon all letters and packets received from shij) letters, or to he transmitted hy ship to places heyond the limits of the said Colony the sum of three-pence in addition to the inland postage. |
8. And be it enacted That the sum of two-pence only for any Postage on parcels
| Aveight not exceeding four ounces and the additional sum of one half- | ~ |
| penny for an additional ounce or fraction of an ounce shall he paid on packets of the following descriptions that is to say Bankers’ parcels Bankers’ parcels containing notes orders specie or passljooks sent hy or to any hank or hanker parcels containing patterns or samples of merchandise iof/d jide sent as such parcels open at each end containing prices current and catalogues of merchandise iiarcels containing Avrits and -ijpoceed- | . | /. | n | j, | /• | X | j • | n | r | ^ | jy i | -j | r | . j | d Courts ol Justices |
mgs ot any Lourt ot Justice deeds conveyances aliuhmts or letters of attorney or depositions or recognizances sent hy or to any Justice of the Peace or Coroner parcels open at each end containing printed Legislative papers
A’otes and proceedings of Parliament and of Colonial Legislatures or hy post any such packet or parcel Avhen of the Aveight of more than
pamphlets or any magazines revieAvs or periodical publications Beriodicai puhUca-
(neAvspapers excepted) cases or covers enclosing maps or plans trans
mitted hy or addressed to the Suiweyor General or Dc]mty Suiweyor Piam sent hy or to
General or returns made from or to any department of the Puldic
Service pursuant to any laAV or duly authorized regulation Provided
that there shall not he in or upon any such packets or parcels any
letter or epistolary communication or intelligence and that on the
outside thereof in addition to the name and address of the ])crson to
whom the same is to he delivered the sender thereof shall suhscrihe Proviso us to form
Avith his name and address a statemiait of the contents thereof in the
folloAving Ibrrn that is to say “ Bankers’ Parcel” or “ Patterns of
Merchandise” (or other proper descrijition within the terms of this
enactment) “ Avithout letter” And provided also that the P o s t m a s t e r .
| 5 II—VOL. 3. | sixteen |
| 2448 | No. 12. | 15° YIC. | 1851. |
Postage.
sixteen ounces or of inconvenient form or dimensions or containing or reasonably believed to contain any article likely to injure the other contents of the mail bags.
| As to postage on | 9. And be it enacted That on every post letter or packet |
| letters re-dii eetecl. | re-directed and again forwarded by the post there shall be charged for the postage thereof from the place at which the same shall be re-directed to the place of ultimate delivery the same amount of jiostage as was chargeable on the first transmission thereof in addition to such original postage. |
| Colonial newspapers | 10. And be it enacted That all newspapers printed in the Colony |
| ‘ nsmitteil V | ■ | ' |
iftransmitted within jf transmitted within seven days from the date thereof and all printed
| o p v p n | 1 (lays from | <lsiv<4 t m i i i t.h p .iv | v | x |
| date exempt | newspapers received Ironi abroad shall it unenclosed or enclosed in an envelope open at both ends be received conveyed and delivered free of all postage whatever Provided however that no such newspaper shall contain any note letter memorandum or other thing or writing therein or thereon excepting only the direction on the outside thereof and in |
| and newspapers | ̂ | _ case any such newspaper or newspapers as last mentioned shall be put |
received from abroad
if under oiien covers iuto ally Post Office at ally time after the expiration of seven days from exccpUng'mlkesr” tlioreof the sainc shall be charged with postage at the rate of
| " | one penny for each newspaper. |
Petitions to tiic 11. And lio it ciiacted That IMeinbers of the Executive and
live oî Legisiatwr'" Legislative Councils may receive by the post petitions and addresses
Oonneiis exempt if to Her Majesty and to Ilis Excellency the Governor and petitions
nndei open coveis. either tile Executive or Legislative Council not exceeding thirty-two ounces in weight exempt from postage Provided such petitions and addresses be sent ivithout covers or in covers open at both ends.
| Letters of sailors | 12. And be it enacted That the following classes of persons |
| and soldiers. | may both send and receive letters not exceeding half an ounce in weight by the post on their own private concerns on pre-payment of a postage of one penny for each letter either in this Colony or elsewhere fas the case may be) namely every seaman employed in Her Majesty’s Navy whilst such seaman shall be actually employed in Her Majesty’s Service every serjeant corporal drummer trumpeter fifer and private soldier in Her Majesty’s regular Eorces Militia Eencible Eegiments Artillery or Loyal Marines whilst actually employed in Her Majesty’s Service every serjeant corporal drummer trumpeter fifer and private soldier in the service of the East India Company whilst actually employed in the service of the Company but the letters of commis sioned officers or warrant ofiicers whether in the Army or Navy or midshipmen or mates of the Navy are not included in this provision and with respect to letters sent by any such privileged persons the following conditions shall be observed that is to say the postage of each letter unless sent from parts beyond the seas as hereinafter mentioned shall be paid on being put into a Post Office and upon such letter shall be superscribed the name of the writer and his class or description in the vessel regiment corps or detachment to which he shall belong and upon every such letter there shall be written in the handwriting of and signed by the officer having at the time the command of the vessel or of the regiment corps or detachment to which the privileged person belongs the name of such officer and the name of such vessel or of such regiment corps or detachment and with respect to letters received by the post by any of the said privileged persons the following condi tions shall be observed that is to say the postage of each letter unless sent from parts beyond the seas as hereinafter mentioned shall be paid upon its being put into a Post Office and If sliall be directed to the privileged person specifying on the superscription thereof the vessel or the regiment corps or detachment to v hich lie shall belong and when ever the letters sent or received by any such privileged persons shall |
be
| 1851. | 16" VIC. | No. 12. | 2449 |
Postage. •
be sent from parts beyond the seas and shall appear to have had any postag’e whatsoever pre-paid thereon no Colonial postage shall ho charged on delivery thereof within the said Colony.
13. And he it enaeted That it shall he lawful for His Execllency Governor andExecu-
| cause arrangements to lie made with the Postmaster G encral of pro piymoni of England and with the constituted authorities in foreign ]iorts and irorCgiiVonf'" separate Colonies for the optional pre-payment thereat hy stamps or otherwise of the postages payable under the provisions hereof or of such sum as may form a fair proportion or an c([uivalent for such proportion of such a rate of postage as shall he arranged to he j)ay- ahle in Great Britain or in any such, foreign ports or separate Colonies for the entire postage between tlic place at which the letters or paclvets chargeable therewith shall he posted to tin; place of delivery and also to make or cause 1o he made firrangements for the optional pre payment in this Colony on letters or packets to he sent from the said | the Governor with the advice of the Executive Council to malc<! or arIaiigo!irt\')optfou of the postages payable in Gre:it Britain or in any such foreign ]io;rt or separate Colony or for the payment of such entire sum as may he agreed upon as the postage between the place at which any such letter or packet shall he posted and the f)lace of delivery thereof and as to the proportion of or equivalent for such proportion of such entire sum which shall he retained for the use of this Colony. |
11. And to the end that the postage on letters or packets passing rostiigo brtwrcn
l)y post l)ctwcen the respective Colonics of Hew South Wales aud Vic to make orcausc arrangements to hcmadewiththeLicutenant Governor of the Colony of Victoria for the mutual exemption from furtlu'r postage of all letters and packets received in either of the said Colonic's respectively upon whicii the established rates of postage of the otluT of the said Colonies shall have been pre-paid on the posting of such letters and packets Provided always that no such arrangement sliall he made if the rates of postage cliargcahle in the Colony of Victoria upon letters and packets addressed to towns and places within this Colony shall exceed the rates of postage established for the Colony of New South Wales.
toria may continue tlie s<amc as if such Colonies had not been separated the, sain̂ as before
he it also enacted That it shall he lawful for the said Governor of this
15. And be it enacted That the Postmaster General or Inspector As lo m,iking and
or Inspectors of Stamps shall with the approval of His Excellency the Governor cause stamps to he made and sold indicating such amouuts of postage as may he directed in that behalf hy His Excellency tli.e
| Governor. | • |
10. And he it enacted That if any person shall fraudulently Penalty foi forging
forge or imitate or assist in forging or imitating any stamp made under the authority of this Act or shall offer utter or dispose of any forgery or imitation of any such stamp with intent to defraud the Bevenue or any person or body corporate or ])olitic ho or she shall be guilty of felony and on conviction shall he liable to imprisonment w ith or Avithout hard labor or to hard labor on the roads or other public works of the said Colony for such term not exceeding seven years as the Court shall aivard.
17. And he it enacted That the stam])s upon all letters and how stamps siuiiibe
packets shall ho affixed or impressed upon the outside thereof and above the address Avritten thereon and that no Postmaster shall he hound to take any notice; of stamps Avhich shall he affixed elscAvhere upon any such letters or packets.
]-8. And he it enacted Thai from and after the first day of aii icttms pacbets
May noAv next the postagt' upon, all letters and packets aaEIcIi Guftl
| h e | hcreijialtcT excuptod. ' |
| 2450 | No. 12. | 15 ̂ VIC. | 1851. |
Postage.
be posted at any Post Office within the said Colony shall he pre-paid hy the person who shall desire to have the same transmitted by post and that such pre-payment shall (except as hereinafter provided) he made by the affixing thereon of stamps jssued by the Postmaster General or Inspector of Stamps and that (except as hereinafter provided) no letter or packet shall he received or if received shall be transmitted by any Postmaster unless one or more stamp or stamps shall have
Postmasters to keep heon affixed thcreon Provided always that it shall be incumbent on stamps!'̂ "*̂ supply of g y g p y Postmaster to procure and keep on hand a sufficient supply of
Post Office stamps for sale without premium and in such quantities as the Postmaster General may authorize or direct to all persons desirous of purchasing the same and that whenever it shall happen that any such Postmaster shall not have any stamps of the requiste value for sale as aforesaid then and in such case pre-payment on any such letter or packet may be made in coin and shall he acknowledged by the said Postmaster upon the face of the letter or packet so, pre-paid and provided also that letters which shall be re-directed shall not lie required to he pre-paid and that no pre-payment of Colonial postage shall be required on letters received from beyond sea for delivery to any part of the said Colony Provided further that until the said first day of May now next in all cases in which letters and packets posted in and addressed to places within the Colony shall be posted without the postage being pre-paid either by stamp or otherwise there shall be charged on such letters or packets a postage of double the amount to which such letters or packets would otherwise be liable under this Act.
| rostmjislers to see | 19. And he it enaeted That from and after the said first day of |
that stamps of
| proper amount are | May now next it shall be the duty of evei’y such Postmaster to see |
| affixed. | that every post letter or packet bears a stamp or stamps of the proper amount according to the rate for the time being established hy law but nevertheless every letter or packet upon which a stamp or stamps |
| As to |
| deficient stamps | postage when sliall liavG been affixed indicatine: an amount of postage not grossly |
| affixed. | deficient shall he transmitted through the post and shall be delivered to the party to whom it is addressed upon payment by him of double the amount of postage deficient. |
| Letters may be | |
| registered. | 20. And be it enacted Tliat the sender of any post letter or packet shall he entitled to have the same registered by the Post Office upon payment of the sum of sixpence as a fee for such registration but such registration shall not render any Postmaster or the Post Office Revenue in any manner liable for the loss of any such post letter or packet or the contents thereof and all registered letters and packets shall be received at any Post Office and also be delivered by the Post Office at the place of delivery at or between such hours in the day and under such regulations in every respect as the Posmaster |
| How registration | |
| fee to bo paid. | General shall from time to time appoint and such registration fee shall be pre-paid by stamps. |
| How Fostmastcr | 21. And bo it enacted That in case any Postmaster shall suspect |
| leuerrpnt in | believc that any letter or packet put into his office or received by |
| being exempt or as him US such Postiuaster and purporting to be a letter or packet com | chargeable at a | |||
|
qvery
| 1851. | 15" VIC. | No. 12. | 2451 |
Fostaye.
every such case of surcharge if it shall at any time within ten days next following the delivery of the letter or packet ho made to appear to the satisfaction cither of tlio Postmaster hy whom such letter or packet was so delivered or of the Postmaster General that tlu' same was not in fact liable to postage then the amount of such surcharge shall he returned to the party who shall have paid the same and ])ro- vided that if the person to whom the letter or packet is delivered shall so require the Postmaster hy whom the same shall be so delivered shall at the time of such delivery thereof examine not only the outside hut the contents of the said letter or packet in that person’s presence and thereupon demand and take only the postage lawfully due on every such letter or packet according to the provisions of this Act.
| 22. And he it enacted That if any person shall knowingly send ivnaity on persons or nut or cause to he sent or nut to or into any Post Otlice any letter | sending |
or packet j)urporting to come ^vuthin any of the exemptions aforesaid rrom i.o.st,ige or .is (or to belong) in respect of its contents to one of the classes in whiidi I.'i)o'';,n)y wiuTun̂ such lower rate of postage as aforesaid is chargeable hut which letter ongiit to' i.c sniiject
or packet shall (to the knowledge of such person) not contaiir solely and exclusively that Avhicdi the same is hy this Act authorized to contain or shall (to the knowledge of such jicrson) contain or have written thcreon or therein some letter pajtcr 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 otlending shall forfeit and ]>ay a fine of not more than twenty pounds.
23. And be it enacted That it shall he lawful for the Postmaster i.cums post.d c;-
General to detain or cause to he detained any letters or nackets whiclG''''''/'’ letters or packets to the General Post Office at Sydney and all such irregularly ])Osted and refused letters or packets shall he immediately opened at the said General Post Office at Sydney in manner herein after provided for the purpose of ascertaining the writer or sender thereof.
simll 1)0 poslod contrary to the regulations oi this Act and every other
21. And he it enacted That except in the case of unclaimed No leuc'i-m.iy im
refused undelivered and irregularly posted letters no letter or j)acket
whatever shall under any circumstances he returned to the Avritcr or otii. ] wisetii:i’i as
sender thereof without the express consimt of the person to whom tiic
same is directed iror unless hy A'irtuc of an express warrant in writing
under the hand of the Governor shall any letter or packet he sent
or delivered to any other than the person to whom it is addressed or
his agent or in case of such person’s death or absence to his personal
or other lawful representative or assignee.
25. And he it enacted That all unclaimed and undelivered U'lciaimcd nmi
letters and packets which shall have been received at any Post Office
| shall he kept thereat for a period of thirty days during which a list | (iming |
thereof shall he exposed in a conspicuous place in such Post Office }'o be'expns.;d a7th.’ packets so forwarded to him to be inserted in a list to be openly exposed in the Post Office at Sydney.
and at the expiration of such period of thirty days the same sliall he
forwarded to the General Post Office at Sydney and tlic Postmaster
20. And he it enacted That the Postmaster Gem'ral shall once rostmisur General
in every month or oftencr if he shall think fit cause a list to iic
published in the JVe/o South Wales Government Gazette of a l l <>*'
detained unclaimed and undelivered letters and packets (newspapers
excepted) which shall have been received at the General Post Office
at Sydney since the last preceding publication of the like kind and
after a period of one month from the date of such publication such
of the letters and packets mentioned therein as shall not in the
| ' | jneantime |
| 2452 | No. 12. | 15̂ VIC. | 1851. |
Fostage.
meantime have been claimed and delivered may be opened in manner
hereinafter mentioned.
How and by whom
| unclaimed letters | 27. And be it enacted That all letters and packets which |
| &c. may be opened. | shall under the provisions of this Act be required to be opened shall be opened by an officer of the Post Office at Sydney to be specially nominated for that purpose by the Postmaster General and that such officer shall before he shall enter upon his duties in this respect make oath before the Postmaster General (who is hereby authorized to administer such oath) that he will not intentionally read the contents or any part of the-contents of any letter or packet which ho shall open except so far as it may be necessary so to do for the purpose of ascertaining the name and address of the writer and that he will not divulge to any person whatsoever except to tlie Postmaster General upon demand by him any of the contents of any such letter or packet which may have come to his knowledge in the course of opening and examining the same for the purpose aforesaid and if any such officer shall act in contravention of this enactment or of the promise contained in his oath he shall for every such offence forfeit and pay to Her |
| Penalty. | Majesty for the public uses of the Colony a penalty of not less than five pounds and not exceeding one hundred pounds to be recovered in a summary way before any two Justices of the Peace upon the com plaint of the Postmaster General or by information of debt in th(5 Supreme Court by Her Majesty’s Attorney General. |
| Detained or >m- |
| claimed letters par | 28. And be it enacted That the Postmaster General shall cause |
| cels &c. to be | all detained unclaimed and undelivered letters and packets wffiatsoever |
| returned to writers | |
| or senders thereof on | which sliall have been so opened as aforesaid to be returned to the |
| p>ayment of postage | writers or senders thereof it‘ the name and address of the writer or |
| thereof. | sender can be ascertained by examination of such letters or packets and such writers or senders shall thereupon be liable to pay the original postage payable thereon if not pre-paid and if any such writer or sender shall refuse to receive any such letter or packet the same may be forthwith destroyed but ho shall nevertheless be liable to pay such postage as aforesaid thereon. |
| Postmaster General |
| may destroy all | 29. And be it enacted That it shall be lawful for the Postmaster |
| printed documents | General to cause to be destroyed or sold all pamphlets magazines |
| patterns &c. remain | |
| ing unclaimed for | reviews and periodical publications and all printed votes and pro |
| three months or | ceedings of Parliament and of Colonial Legislatures and all prices |
| upwards | current catalogues of merchandise and patterns and samples of merchandise which shall continue to be unclaimed or undelivered after the lapse of three months from the date of the publication of the list in which they shall have been advertised and it shall be lawful for the said Postmaster General to cause to be destroyed all newspapers which shall have remained unclaimed for the period of three months |
| and letters remain | |
| ing unclaimed for | and also all unclaimed refused undelivered and irregularly posted |
| one year. | letters and packets of which he shall have been unable to ascertain the senders so as to return them and which shall have continued to be so unclaimed and undelivered for the period of one year after the advertisement thereof as aforesaid Provided that in such last-mentioned case a list shall be preserved shewing the date of every such letter or packet the address thereof and the name of the writer and of the place at which the same purports to have l)cen written. |
| Contracts for con | |
| veyance of mails. | 30. And be it enacted That it shall be lawful for the Postmaster General for the time being under such instructions as shall be from time to time in tliat behalf given to him by the Governor to enter into any contract or contracts in writing from time to time in his own name on behalf of Her Majesty for or in respect of the carriage or conveyance of the several Mails througJiout this Colony or any or either of them and to siu; and lie sued upon such contracts accordingly and if any person ha ving entered into any such contract shall during the |
continuance
| 1851. | 15° VIC. | No. 12. | •2453 |
Postage.
continuance thereof unlawfully refuse or neglect to perform the same or shall in any manner omit to (‘omply with any stipulation or provision therein he or she shall forfeit and pay a penalty or sum of Penalty on con-
not less than tlvc pounds nor more than fifty ]iounds over and above the penalty recoverahle upon such default hy virtue of any bond into which such person or his or her surety or sureties may have entered for the due jierformance of the contract.
31. And ho it enacted and declared That in any suit or otlier in suits for rccovery
proceoding for the recovery of any postage payable under or hy virtue have come shall he deemed the sender thereof and the onus shall lie u])on tlie party proceeded against to prove that such letter or packet did not come from and was not sent hy him.
of this Act the person from whom any letter or packet in respect of party inocccjed
32. And he it enacted That in all proceedings Avhatsoever for vost office tax on
the recovery of any postage the Post Oflicc tax upon any letter or evfaencc.' °
packet shall in all eases he evidence of the liability of sucli letter or
paelvct to be so taxed and that the sum so taxed thereupon is pay.ahle
as and for the ^lostage thereof.
| 33. And he it enatticd That all mails hags boxes or yiackcts of letters or news])apcrs and also all loose letters and newspapers wlueli anivni Mnddemiind at the time of the arrival of any ship or vessel within the limits of iimicr a penalty, any port or harbour in tlie said Colony shall he on hoard of such ship or vessel directed to any person or persons within this Colony or its De])endcncies shall be delivered immediately on demand to the Post master General or any Postmaster or Port Officer of such port or harliour or to any yiorson didy acting for such Postmaster General Postmaster or Port Othcer exccyiting ahvays letters concerning goods Kxceptions. on hoard such shij) or vessel and to ho delivered with such goods and letters containing any conveyance or other deed commission writ or affidavit and letters sent hy Avay of introduction only or concerning the hearer’s private affairs and any master passenger or otlier person on hoard of such ship or vessel Avho sliall delay the delivery of or shall knowingly or negligently detain on board ol' such ship or vessel or keep in his or her possession any mail hag 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 newspaper so delayed detained or kept a penalty or sum not exceeding live pounds. | letters inwmds |
| 3 i. And he it enacted That the master or commander of any Declaration to T | jc |
| sliii) or vessel arriving at any port or harbour in the said Colony | “ asterg of |
| J | o | t/ | A | rj | ^ n i l | / iv r iv jL l | a s |
| practicable and shall then subscribe a declaration in the presence of the Postmaster General or of some person authorized hy the Postmaster | shall repair to the Post Office as soon after his arrival as shall he to letters, or to tlic effect following that is to say— |
“ I A. B. commander of the {stale the name o f the ship or Form oi'tieciaration.
“ vessel) arrAed from {state the place) do as retyuired liy “ laiv solemnly declare that I have to the best of my “ knoAvlcdge and belief delivered or caused to be delivered “ to the person duly authorized to receive delivery thcreor “ every letter bag package or parcel of letters or packets “ that were on hoard the {state the name o f the ship or “ vessel) except such letters as arc exempted by law from “ postage ”
And that until such decla ration shall have been made and a certificate Penalty if no aeoia-
of the making thereof under the hand of the officer taking the same
shall have been produced to the Collector Comptroller or Princi])ai
(Jflieer of Customs he shall not permit such ship or vessel to report
and any master or commander failing or neglecting to make such
declaration
| 245# | No. 12. | 15“ VIC. | 1851. |
Postage.
declaration or making a false declaration sliall forfeit and pay a penalty
or sum not exceeding fifty pounds.
Mails conveyed
| coastwise by | 35. And be it enacted That all mails bags boxes or packets or |
| steamers or otlier | letters or newspapers -wliicli are conveyed or required by law to be |
| vessels to be | |
| delivered on arrival | conveyed by ]>ost from one part of the Colony to the other and which |
| and demand | at the time of the arrival of any steam boat or other vessel within the limits of any such port post town or other place situated as aforesaid shall he on hoard such steam boat or other vessel shall he 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 otlier person belonging to any such steam boat or other vessel having charge |
| LFnder a penalty. | of such mails who sliall refuse or neglect to deliver the same on demand as aforesaid or shall detain or permit the detention of the same on hoard such steam boat or other vessel or shall not use due diligence in the delivery thereof as well as for the secure and dry custody of the same while they shall he in his charge shall forfeit and pay for every such olfence a penalty or sum not exceeding fifty pounds. |
| Kemnneration to | |
| masters cf sliips &c. | 36. And he it enacted That every master or other person in charge of any such ship or vessel arriving from parts heyond the said Colony shall he entitled at any time after the expiration of twenty-four hours next after the arrival of such ship or vessel to receive from the nearest Postmaster (who is hereby required to pay such master or person) the sum of one penny for every letter or packet newspapers excepted so delivered on demand as aforesaid or delivered voluntarily to any Postmaster or Port Otficer or at any Post OlRce excepting only mail hags and packages received according to law from the General Post Oflice in England and every such master or person shall give a receipt for the money so received which receipt shall he to the Post master obtaining such letters or packets a sufficient voucher and the same shall ho allowed him in his account accordingly. |
| ^^aste^s of vessels |
| departing- tVom the | 37. And he it enacted That if any master or person having the |
| Colony compelled to | command of any ship or vessel about to depart from this Colony shall |
| take mails under a | |
| jienalty. | (after being thereto required hy the Postmaster General or hy any such Postmaster or Port Officer or hy any person duly authorized to act for them or either of them) refuse or wilfully neglect to receive on board such ship or vessel any mail or hag or box of letters or to give a receipt for the same or shall refuse or neglect carefully to deposit such mail or hag or box in some secure and dry place on hoard 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 |
| Allowances to mas | |
| ters of vessels for | a penalty or sum not exceeding one hundred pounds Provided |
| ship letters outwards. | always that every such master or person in command who shall receive on board any such mail or bag or box (for the purpose of conveying tlie same according to the direction thereof) shall he entitled immediately to demand and receive from such Postmaster or Port Officer for the carriage thereof one penny for every letter or packet contained therein newspapers excepted such master or person giving a receipt for the amount so received by him which receipt shall he a sufficient vouclier for such payment and the same shall he allowed sucli Postmaster or Port Officer in liis account accordingly. |
| ]\Tastcrs of steamers |
| or other vessels coast | 38. And he it enacted That if any master commander or other |
| wise compelled to | person having the cliarge of any steam boat or other vessel proceed |
| take mails under a | |
| penalty. | ing or about to proceed from any port or place within the Colony to some otlier port or place within the same sliall refuse or neglect to receive any such Post Office mail on hoard such steam boat or other vessel or to give a receipt for the same being thereto required he shall forfeit and pav a penaltv or sum not exceeding fifty pounds. |
| ‘ | ‘ | 39. |
| 1851. | 15« VIC. | No. 12. | 2455 |
Fostage.
39. And be it enacted That the master commander or other i\rasiers of steamers
person having the ehargi; of any such steam boat or other vessel sliall
give timely notice of the near approach thereof to any sncli ])ort ])ost any place apiioiutea
town or other place situated as aforesaid either hy the ringing of a hell Iiisp;,u i?ei yetterŝ
or l)y such other concerted signal as may reasonably he expected to he ii'atii- a pmuiity.
distinctly heard or seen hy such Postmaster or other person a sullicient
time before tlie actual arrival of such steam boat or other vessel to
enable him to he prepared to receive or dispatch any mail on hoard
such steam boat or other vessel and if any such master commander or
other person as aforesaid shall refuse fail or m'gicct to give' such
notice he shall for every such offence forfeit and pay a penalty or sum
not exceeding fifty pounds.
40. And he it enacted That for the convovance of any mails Aiiowimcc to mas- irom one port post town Ol* other pJaec to any otlier sueli ])ort post i„r Uittois oouveyca town or other place ivithin the said Colony the master or com- coastwise
niander or any other pta-son having the charge of any such steam boat
or otlu'r vessel shall he entitled to demand and rt'ct'ive at the raft' ol'
one halfpenny for every letter or packed, chargeable with ])ost;ig(t con
tained in such mail and such payimmts shall he made at such ])lace
and time and under such regulations as the Posfmaster General shall
ai)]ioint and every such master commander or other person as aforesaid
shall give a receipt for the amount so received hy him which receipt
shall be to the Postmaster General or to any J’ostmastcr or other
person as aforesaid making such pa^-ment a full and valid discharg< ̂
for the same; and the said Postmaster General and every such Post
master and other person in passing his accounts shall receivu' credit
for every such sum or sums which shall he therein mentioned accord
| ingly Provided that such master or otlun- person having the charge' f)f | ms t.. |
| any such steam boat or other vessel shall not he cntillcd to demand or receive any such payment in respect of any newspaper or newspapers placed on hoard such vessel hy the Postmaster General or otlu'r pei'son duly authorized in that behalf. |
| • | 41. And he it enacted That if any Port Oflicer Postmaster or Penalty on |
other person duly authorized to receive or dispatch any such mails
| as aforesaid shall neglect or fail to dtdiver or sluill retard the delivery of mails | ' |
| of any hag box mail letter packet or newspaper he shall for every such offence forfeit and pay a penalty or sum not exceeding fifty pounds. |
42. And he it enacted That :iftcr the commencement of this i.etttis not to ho
Act no letter or packet chargcahle with postage (except newspapers as ti"",'
aforesaid) shall he carried for hire or reward otherwise than hy post and a ]u iniity
if jiny such letter or packet shall he so carried or conveyed or he stuit
or taken charge of for the purpose of being so carried or conveyed hy
any person (not being a person employed in tint Post Office or in the
convt^yance of post letters) the person so sending m* conveying such
letter or packet or taking charge of tlu' same for such carriage or con-
veyanci'. shall for every such letter or jiacket foi'fi'if and pay a ])enalty
or sum not exceeding twenty pounds and every such letter and packet
sent or carried or taken charge of to he carried otherwise than hy post
shall he deemed in any ])ros('cution for this offence' to have been for
hire or reward unless the contrary shall he shewn hy the defendant.
| 43. I’rovided alwavs and he it enacted That nothing in the last Proviso .-is to i, tiers preceding clause coirtained shall extend to any letter or packet | nr |
| exceeding sixteen ounces in weight nor to any letter or packet | witu gooiis m |
| concerning goods sent with such goods and to he delivered therewith or containing any writ or jtrocceding out of any Court of Justice or deed couveyanct! afiidavit 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 :\ny letter or packet hond jide sent or carried to or from the nearest lAst Oflice. |
| b I — VOL. 3. | 44. |
| 2456 | No. 12. | 15" VIC. | 1851. |
Fostage.
| Penalty on Post- | 44. And be it enacted That any Postmaster or other officer Postmaster or in the receiving sorting carrying conveying or delivering of post letters or otherwise in the business of the Post Office who shall offend against or wilfully neglect or omit to comply with any of the rules and regulations so from time to time to be made as aforesaid or any of the provisions of this Act shall for every such | |
| agafust proYî lô ^̂ | belonging to the Post Office or any person employed by or under a | |
| this Act. | ||
| ||
| exceeding fifty pounds. |
| Penalties on mail- | 4 5 . And be it cuactcd That if the driver of any mail coach or |
| coach drivers guards |
| &c. | other carriage used for the conveyance of the mail or the guard or any person in charge of a mail whether conveyed by any such carriage or on horseback or foot shall loiter on the road or wilfully mis-spend or lose time so as to retard the arrival of the mail at its jiroper destination or shall not in all possible cases convey such mail at the speed of sucli a number miles an 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 sucli case the drwer or guard or person in charge (as the case may he) so offending and being convicted thereof by his own confession on view of a Justice or the oath or oaths of one or more credible witness or witnesses shall forfeit and pay a sum not exceeding live pounds for every such offence. |
| Penalties on persons | 40. | And whereas post letters are sometimes by mistake delivered |
| i'raudulently re |
| taining or secreting | to the wrong person and post letters and post letter bags are lost in |
| letters. | the course of convevance or deliverv thereof and are detained by the finders in expectation of gain or reward Be it therefore enacted That every person who shall fraudulently retain or shall wilfully secrete or keej) 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 which ought to have been delivered to any other person or a post letter bag or post letter which shall have been sent whether the same shall have been- found by the person secreting keeping or detaining or neglecting or refusing to deliver up the same or by any other person shall he guilty of a misdemeanor and being convicted thereof sliall be liable to be punished by fine and imprisonment. |
| Prevention of | 47. And to prevent obstructions opposite the General Post |
| obstructions opposite rvffi | Be it enacted That no hackney carriage shall stand or ply for hire opposite the General Post Office and that every driver or person having the management of any hackney carriage who shall permit the |
| the General Post | '- 'U tc e |
| Oflicc. | |
| Penalty. | same to stand or ply for hire opposite the said Post Office shall forfeit for every such offence a sum not exceeding five pounds and every hawker newsvender or idle or disorderly person who shall stop or loiter on the flagway or pavement opposite the General Post Office shall forfeit for every such offence a sum not exceeding two pounds. |
| Penalties on Post |
| masters &e. stealing | 48. And be it enacted That if any person whether employed in |
| or secreting letters | the Post Office or otherwise shall fraudulently take from the possession | ||||
| &c. |
|
| 1851. | 15*̂ VIC. | No. 12. | 2457 |
Fostage.
1-9. And for tlic more effectual prosexmtion of olfcnccs com- rrosecution of
mitted against the Post Oflice Be it enaeted That in any indictment or information for any offence committed upon or in respect of any property wliicli may be laid in or stated to belong to the Postmaster General it shall he sullieient to state any such property to belong to and to lay it in the Postmaster General of the said Colony and it shall not he necessary to specify the name or addition of any siudi Postmaster General and that whenever in any indictment or information for any offence committed against this or any other Act relating to tlie Post Oflice it shall he necessary to mention for any purpose whatever the said Postmaster General it shall be suilicient to describe such Post master General as the Postmaster General of the said Colony Avifhout any further or other name addition or dcsciaption AvhatsocA'er.
50. And be it enacted That all offences against this Ai‘1 or pioetcdinss fm-
| against any rule or regulation made under this Act as aforesaid i n respect of which said olFences any pecuniary fine or penalty is hy this Act imposed (where no other provision for the recovery tlu'reof is in that behalf made) shall Ije heard and determined and such fines and penalties he aAvarded and imposed in a summary A\ ay l\y and before any two .Justices of tlie Peace upon complaint in lliat liehalf made and all tines and penalties so awarded and imposed sliall go and he distributed and all persons aggrieved by any summary (!onviction under this Act shall be entitled to appeal therefrom in tlie manner provided respectively hy the Act of the said Governor and Council passed in the fifth year of the reign of Jlis late Majesty Iving William the Pourth intituled “ A n A ct to regulate stimmarg proceedings >> | Wm. i v. No, 22. |
| before Justices o f the Peace ” Provided hower'cr that no formal information shall be necessaiy but that on duo service of a summons all subsequent proceedings shall be and Jro held lobe as valid and eifectiial as if a formal information rvere tiled Providial further that in evi'ry such summons the general nature of tlie complaint shall lie 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 Oflice Department of the said Colony. |
51. And ho it enacted That if any action or suit shall he com- j.imitation oc
menced against any person or persons for anything done in pursuance of this Act the same sliall he commenced within Iav'cIvc months affer the fact committed and not afterwards and Ihe defendant or defendants in such action shall and may plead the general issue aud give the special matter in evidence under such plea and if it shall apjiear that tbe act was done under this Act or that the action was commenced after the time before limited for bringing the same the jury shall find for the defendant or detendants and ujion a Amrdict for the defendant or if the plaintiff or plaintiffs shall he nonsuited or discontinue his her or their action or suit after the defendant or defendants shall have appeared or if upon demurrer judgment shall he given against the plaintiff or plaintiffs the defendant or defendants shall and may recover double costs and have the like remedy for the same as any defendant or defendants hath or have hy law in any other cases.
52. And he it enacted That the moneys to arise hy and from Appvopiianou or
the several rates and duties as aforesaid and also all sums of j-|2on(?y imposed and levied hy Avay of penalty under the provisions of this Act (except such part thereof as may ho payable to the ]>arty suing or informing in respect thereof) shall I’cspectively he paid to ller Majesty Her lli'irs and Successors for the public uses of the said Colony and in support of the Government, thereof and shall be applied thereto in such manner as shall be directed by any Act to be passed by the Governor and Legislative Council of the said Colony.
No. X III.
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