Postage Act 1852 No 35a (NSW)

No. XXXV.

An Act to amend in some particulars the Postage P ostage.

Act of the Year 1851. December, 1852.]

\ \ T H EllEA S tliere arc now lying in the Post 0tfi.ee in Sydney a V V very large number of undelivered and unelaimed letters and

paekets amounting by estimation to seventy thousand whieh have aeeumulated therein during a long eourse of years And whereas it is expedient that so many of the said letters and packets as have lain in the said office for such a length of time as to render it improbable that the preserving of any record thereof will be of importance shall be destroyed without causing a list thereof to be made and kept pursuant to the provisions contained in the Postage Act passed in the last Ses­ sion of this Council And whereas it is expedient to amend the said Act in other particulars as hereinafter provided Be it therefore enacted by His Excellency the Governor of New South Wales witli the advice and consent of the Legislative Council thereof as follows :—

1. It shall be lawful for the Postmaster General with the a h letters &c.

tissistance of such persons as the Governor may appoint in that behalf isSi ami

to open and examine all unelaimed refused and undelivered letters and not containing packets wliich have been in the said Post Office from dates prior to v a lu ab le to be' the first day of January one thousand eight hundred and fifty and to forthwitii dostioyed.

cause to be forthwith destroyed without making any list thereof as by the hereinbefore mentioned Atd is rt'quired all such of the said last- mentioned letters and packets as shall be found not to contain any mont'v or other valuable contents.

' 2.

2562 No. 35. 16̂ VIC. 1852.

Fostage.

Directions as to such 2. And all such of the said letters and packets as shall he found list thereof together with’a note of the contents thereof shall be made and preserved and the Postmaster General shall cause information of the said letters and packets and of their said contents to he sent to the persons to whom the said letters or packets are respectively addressed if they be known or otherwise to the writers thereof if they be known and upon demand by the first-mentioned persons if known and of the last-mentioned persons if known and if the former be unknown the contents of the said letters and packets shall be delivered to the party so making such demand and if in any case neither of such parties can be found or neither of them shall make such demand within a reasonable time the said contents shall be delivered to the Colonial Treasurer to be by him held and dealt Avith as a part of tlic Casual

contafn mmey^or	coiitaiu Hioney Or otlicr Valuable contents shall he safely kept and a
other valuables.

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llevenues of the Crown but subject to restoration of the value thereof

to the riglitful OAvner if he shall at any time lay claim thereto.

AUereci mode of 3 . The eighth section of the recited Act shall be amended as

iouers	—In lieu of the postage of one halfpenny for every additional section to be paid in respect of the packets and parcels therein men­ tioned there shall be paid a postage of one penny for every two ounces or portion of tAvo ounces of Aveight aboAm fonr ounces.
more than four	ouiicc Or fraction of an ounce aboA'e four ounces required by the said

‘

PostaKc need not ho 4 . It shall not be nect'ssaiT to pre-pay by stamp or otherAvise

patkTts postage upon letters or packets containing only returns of births

returns of-birtiis baptisius marriagcs and deaths transmitted in compliance with the

any*ni'i'd̂ er*of pi'ovisions of the law in that behalf by ministers of religion or other

religion to appointed parties AvliosG dutv it mav be to transmit such returns to any officer

ofHccsr • . * *"

■ appointed to receh'e the same but tbe postage thereon shall be paid by the said officer on delivery of such letters or packets respectAely provided that the same shall on the outside thereof be stated to con­ tain such returns only and be signed by the minister transmitting the same.

L etters bearing ob­

literated or defaced 5. Letters bearing stamps Avhich have been previously obliter­

stamps to be treatedated or defaced shall be treated as unpaid letters and if any person ns if '"ipaid persons shall Avilfully and fraudulently remove from any Post Office stamp which

Iterating oJ defacing has been previonsly used any mark Avhich shall have been made penTtŷ ”*’̂*''̂*̂ ̂ tliereoii at any Post Office by Avay of obliteration or defacement for

’ the purpose of indicating that such stamp has been once used or shall knoAA'ingly and fraudulently put off or use any such stamp shall he deemed guilty of a misdemeanor and shall be liable to be imprisoned Avith or without hard labor or to be worked on the roads or other public Avorks of the Colony for any period not exceeding three years.

Definition of the,

term newspapers.

6. And Avhereas doubts have arisen as to what printed papers shall be deemed to be neAvspapers Avithin the meaning of the said recited Act Be it therefore declared and enacted That all pamphlets and papers containing any public ncAvs intelligence or occurrences or any remarks or observations thereon or upon any matter in church or state or containing only or principally advertisements printed for sale and published periodically or in parts or numbers at intervals not exceeding twenty-six days between the publication of any tAvo such pamphlets or papers parts or numbers where any of the said pamphlets or papers parts or numbers respectively shall not exceed {avo sheets (exclusfre of any coA’er or blank leaf or any other leaf upon Avhich any advertisement or other notice shall be printed) or shall be published for sale for a less sum than sixpence shall be deemed and taken to be neAvspapers witbin the true intent and meaning of the said recited Act and of this Act and of all other Acts relating to the like matters.

Books itc. may bo

transm itted by post.

7. Any packet containing a single printed hook of Avhat nature

soever and placards and prospectuses Avhen transmitted by post from

one

1852. 16'̂ VIC. No. 35. 2563

Postage.

one part of the Colony to another shall ])e liable to the like rates of postage and no more and to the like eonditions and restrictions which are fixed and imposed by the eiglith clause of the said recited Act and amended by the third clause of this present Act in respect to pamphlets magazines and reviews except only that it shall not be competent to any Postmaster to refuse to transmit any such packet by reason of its Aveight only if it shall not exceed three pounds Aveight on the Avhole Provided ahvays that no packet containing hooks shall he transmitted rroviso.

by post to any place to Avhich the mail shall he conveyed on horseback unless the Governor with the advice of the Executive Council shall othenvise direct.

8 .                 Packets containing maps charts or music Avhen transmitted As to tiie transmis-

hy post from one part of the Colony to another shall be liable to the in breadth nor to any place to Avhieh the mail shall he conveyed on horseback unless the Governor Avith the advice of the Executive

like rates of postage and no more and to the like conditions and nuisic.

restrictions Avhich arc fixed and imposed by the eighth clause of the

said recited Act as amended Ity this Act in respect to pamplilcts

magazines and revicAVS Provided that no such packet shall exceed

three pounds weight in the Avhole and provided further that no such

map chart or music shall be transmitted by post unless it he foldcal

Council shall otherAvisc direct. ■

y. Subject to the arrangement mentioned in the f o u r t e e n t h Intcr-co]c>ninl post­

. , , . a^c on books A'c.

clause of the said Act to he entercal into lietAveen tllO rCSpcrtlA botween this Colony

Governments of N cav South "Wah's and Victoria and subject to tlu' Victoria.

proviso to the said clause annexed any package containing any printed l)Ook magazine rcvicAV or pamphlet on Avdiich the regulated postage has been pre-paid in the Colony of Victoria shall he exempt from postage in N cav South Wales.

10. Subject to the arrangement and proA'iso referred to in ilie raotets contiiininK

foregoing clause any packet cont'iining maps charts or music Avithin

the AA'eight and dimensions hereinbefore prescribed on Avhich tlic to lie exempt ivom

regulat(;d postage has been pre-paid in the Colony of Victoria shall	New South
exempt from postage in X cav South AVales.

11. It shall he laAvlul for His Excellency the GoA êrnor Avith poveTOoramiExccu-

the advice of the Executive Council to make or cause to he made pmvoreci to\mlke,

arrangements with the Postmaster General of England and aaI U i the

constituted authorities in Eoreign Ports and separate Colonies for the book post

transmission hv post of hooks ma<?azines rcAueAVS or pamphlets A v l u 't h e r E'>sla

T . *j * 1 1 . I I . • 1 I i I j j 1 1 1 a n y I ' o r o i j j i i Coii ii -

British Colonial or Eoreign pro\lded the postage to be charged on tijV.-British coiouy

any such packet shall not exceed the folloA’ving rates— and tliis Colony.

E’er a single volume not exceeding lb. in Aveight 6d.

Eor a single volume exceeding -} lb. and not exceeding 1 11). Is.

Eor a single Amlume exceeding 1 lb. and not exceeding 2 tbs. 2s.

Eor a single volume exceeding 2 lbs. and not exceeding 3 lbs. 3s.

■ 1 2 . Packets containing any such books magazines revicAvs or Conditions on which

pamphlets transmitted by post Avithin the said Colony to or Horn Great Britain or to or from any Eoreign Country or separate Colony shall he subject to the folloAving conditions—

(1.) The charge Avill be the same whether such packets arc posted or delivered at the port of dispatch or arrival or at any place in the interior of the country and Avhether sent l)y j)acket or priA ate ship.

(2.) The postage must in every case he pre-paid by means of

stamps.

(3.) No such packet shall he sent by any route Avhich Avould entail the expense of transit postage through any inter­ mediate Country or Colony.

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2564 No. 35. 16'’ yic. 1852.

Postage.

(4.) All sucli packets transmitted tlirougli the post shall he subject in all respects to the same restrictions as news­ papers.

(5.) To prevent the inconvenience which might otherwise ensue any Postmaster may delay the dispatch of such packets to or from the interior of this Colony for such period as may from time to time he fixed by the Governor and Executive Council in consideration of the distance the means of carriage and the time occupied in the conveyance of mails in different localities.

(6 .) No single packet containing a book magazine review or

pamphlet must exceed three pounds in weight.

Packets pre paid in 13. AU sncli jiackcts On whicli the postage has been pre-paid in

Fordgn"̂ Cointry IV Gri'cat Britain 01’ in any Foreign Country or separate Colony with Colony to be de- wMcli ail arrangement has been entered into in terms of the tenth

cXny.̂ '*̂ '̂ ™ clause of this Act shall he delivered free of all postage in this Colony.

Distribution of post- 14. Of the postage pre-paid in this Colony on any such packets

age on such packets, one-tliii’d part thereof shall he considered as paid for and in respect of the British or Foreign inland rate as the case may he and shall and may be accounted for accordingly by the Governor or other person appointed by him in that behalf one-third shall he considered as the sea rate and shall he appropriated accordingly in such manner as may he agreed upon between the Governor and the constituted authorities of Great Britain or other Foreign Country or separate Colony and the remaining one-third shall he considered as and for the Colonial inland

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rate and he accounted for and appropriated as other postage under

the said recit(;d Act.

Allowance to m asters 15. Foi’ the Conveyance of mails otherwise than under any con-

bttweê i7Nê tract made under the provisions hereinafter contained between ports

South Wales and post towns and places in New South Wales and ports post towns and places in Victoria by any steamer or other A’essel there shall he paid to the master commander or other person having charge of such steamer or other vessel the same sums only as by the fortieth section of the said recited Act are made payable in respect of mails so conveyed between ports post towns and places severally within New South Wales.

Contracts for the 1 0 . shull Ijc lawful foi’ tlic Postmastei’ General under such

° instructions as shall he from time to time in that behalf given to him by the Governor to enter into any contract in writing from time to time in his own name on behalf of Her Majesty for or in respect of the conveyance of mails by sea and therein to fix the amount to he paid for such conveyance either by periodical payments of agreed sums or by payments at any agreed rate for each and every letter and packet and also therein to impose such terms and conditions as to him shall seem fit as to the vessels to be employed the times of starting and otherwise for securing the due regular and efiicient performance of the service and to sue and he sued upon such contract and if any person shall during the continuance thereof refuse or neglect to perform the same or shall in any manner omit to comply with any stipulation or provision therein he shall upon conviction thereof before any two Justices of the Peace forfeit and pay a penalty of not less than five pounds nor more than fifty pounds over and al)Ovc the ]>enalty recoverable for such default by virtue of the bond into wliich such person or his sureties may have entered for the due performance of th(>, contract.

Rates of postage for	17.	The rate of postage upon any letters or packets containing
gold to be double tbe

ordinary rate. gold which shall be transmitted liy post between separate post towns or places within the Colony shall be twice tlie rate of postage fixed by tlie seventh section of the recited Act for ordinary letters or jiackets

so

1852. 16" VIC. No. 36. 2565

Quarter Sessioiifi Chairman.

so transmitted and it shall 1h' lawful for the Postmaster Gc'neral to detain and open in aeeordane<> with the twenty-third section of tin* recited Act any letters or packets which he shall suspect to contain gold and oir whieh less than the al)ove amount of postage shall have

l)(!en pro-paid. ,

1 8 . In all steamboats bv which mails shall he (!onvey(;d in all vessels con-

between ports post towns or other places within this Colony or

between any port post town or other place in this Colony and any ami anothci-of the port post town or other place in any other of Her Majesty’s Austral- cohmTera’'suitahie asian Colonies there shall he provided a suitable lockcn- or other locUei- for mails

secure place in whieh such mails and all post letters and packtds provided!̂ ° ̂

shall he locked up and carried apart from all other articles and things

and if such locker or other secure place shall not he so provided or if rrovided

1 i 1 j_i 1 j 1 n 1 • 1 • 1 m aster no tto receive

such mails or any post letter or ])acket shall be carried in any such any payment tor

steamboat during the. whole or any part of the voyage between such ‘,3sietter.'

ports post towns or other jilaces othenvise than as aforesaid the	"' '
master commander or other pen’son having the charge of such steam­ boat shall on conviction thereof liefore any two Justifies of the Peace forfeit and pay a penalty of not more than twenty-five pounds.

19. Any person employed in the carrying conveying or Penalty for losing

delivering of mail liags or post letters and packets wlio shall negligently lose any such mail hag letter or packet whilst in his charge shall whether the same shall or shall not he afterwards recovered forfeit and pay for every such oflVnce a penalty or sum not (‘xceeding twenty-five pounds.