37 VICTORIA, No. 476.

Exemption from

tolls.

2 & 3 Vict. c. 47

s. 10.

Unclaimed goods in possession of police may be sold by Chief

Commissioner.

As to disposal of effects of sergeants or constables dying intestate.

Protection of constables.

Disputed property in pos

PART V. MISCELLANEOUS PROVISIONS.

56. All members of the force and their assistants being on actual duty and all prisoners under their charge and all carriages and horses exclusively employed in carrying or conveying such persons or their prisoners or baggage or returning from such employment and not otherwise employed and all horses or other animals the property of or in use by the Government shall be exempt from payment of any tolls or dues otherwise demandable in passing any toll-gate turnpike road bridge or ferry.

57. Any goods and chattels which have lawfully come to the possession of any member of the force and which are unclaimed shall and may be sold and disposed of by the direction of the Chief Commissioner of Police by public auction (a notice of such sale having been previously published thrice in the Government Gazette); and the clear produce of such sale shall be paid to and shall form part of the consolidated revenue; and every such sale shall be valid against all persons; and no person selling any goods or chattels under the provisions hereof shall be subject or liable to pay any auction or other duty in consequence of such sale.

58. In case any sergeant or constable shall die intestate, the Chief Commissioner of Police or such other officer as the Governor in Council may appoint may cause the effects of the deceased to be disposed of by public auction in such manner as to the Chief Commissioner or other officer shall seem fit; and the proceeds of such sale together with any balance of pay or other moneys due to the deceased or such constable shall be applied in the first instance to defray the funeral expenses and debts of the deceased; and if after defraying such expenses and debts the sum remaining shall not exceed Fifty pounds, it may be handed over by the said Chief Commissioner or other officer to the widow or next of kin of the deceased resident in Victoria, and the receipt of the person so entitled shall be sufficient discharge although no letters of administration shall have been taken out but if the widow or next of kin entitled as aforesaid be not resident in Victoria, or if the sum so remaining shall exceed Fifty pounds, it shall be paid to the Curator of the Estates of Deceased Persons.

59. When any action shall be brought against any member of the force for any act done in obedience to the warrant of any magistrate, such member shall not be responsible for any irregularity in the issuing of such warrant or for want of jurisdiction in the magistrate issuing the same; and such member may plead the general issue and give such warrant in evidence; and upon producing such warrant and proving that the signature thereto is the handwriting of the person whose name shall appear subscribed thereto and that such person is reputed to be and acts as a magistrate possessing jurisdiction in the case and that the acts complained of were done in obedience to such warrant, the jury who shall try the said issue shall find a verdict for such member, and such member shall recover his costs of suit.

60. When any member of the police force shall have taken session of police. possession of any goods other than goods distrained under the war

No. 476.

rant of any justice and it is doubtful whether any person claiming 37 VICTORIA,
such goods or which of any two or more persons so claiming is
entitled to the possession thereof, any two justices, upon the appli-
cation of such member and in the presence of all the parties claim-
ing such goods or in the absence of any such parties who having had
reasonable notice of the hearing of such application shall not appear,
may hear receive and examine evidence touching the matter of such
application and may order to whom such goods shall be delivered by
such constable, and such goods shall be delivered accordingly; and
if after the making of such order any action shall be commenced
against such constable for the recovery of such goods or the value
thereof, such order and the delivery of the goods in pursuance thereof
may be given and shall be received in evidence under the general
issue in bar of such action; but such order or delivery shall not
affect the rights or liabilities of the persons claiming such goods or
to whom the same shall have been delivered as aforesaid.

61. If any member of the force become bankrupt or apply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors, or by any deed or other writing compound with his creditors, or make an assignment of his salary or wages for their benefit, he shall be deemed to have forfeited his office.

Insolvency.
See 5.a JR 146
por Fellows

a

be reinstated.

62. When any such member of the force has forfeited his office Insolvent may by reason of any such pecuniary embarrassment as aforesaid if he prove to the satisfaction of the Governor in Council that such embarrassment has not been caused or attended by any fraud extravagance or dishonorable conduct, the Governor in Council may reinstate such member of the force in his former position in the service.

63. All proceedings under this Act shall be had in a summary No certiorari way; and no complaint conviction order or other proceeding before permitted. or by any justices under this Act shall be quashed or set aside or be deemed void or insufficient for want of form only, or be removed or removable by certiorari or other writ or process whatsoever into the Supreme Court.

SCHEDULES.

I

FIRST SCHEDULE.

do swear that I will well and truly serve our Sovereign Lady the Queen as a member of the Police Force of Victoria in such capacity as I may be hereafter appointed, promoted, or reduced to without favour or affection malice or ill-will for the period of from this date, and until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved, and that I will prevent to the best of my power all offences against the same, and that while I shall continue to be a member of the Police Force of Victoria I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.

Section 11.

37 VICTORIA, No. 476.

Sections 21 & 23.

SECOND SCHEDULE.
day of

we

We certify that on the A.D. 18 examined a member of the Police Force of Victoria and we further certify that we believe that he is incapable for the discharge of his duties as a member of the force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Title and division of Act.

Repeal of Act.
First Schedule.

An Act to amend the Law relating to the Post

Office.

[1st June 1866.

BE it enacted by the Queen's Most Excellent Majesty by and with

the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):1. This Act shall come into operation on the first day of August in the year of our Lord One thousand eight hundred and sixty-six, and shall be called and may be cited as the "Post Office Statute 1866." Its provisions are divided into Parts as follow:

PART I.-General Provisions ss. 4-31.

PART II.-Contracts for Conveyance of Mails ss. 32-39.
PART III.-Money Orders ss. 40-45.

PART IV.-Post Office Deposit for Savings ss. 46-58.

PART V.-Offences and Penalties ss. 59-86.

2. The Act mentioned in the First Schedule to this Act, to the extent to which the same is in and by the said schedule expressed to be repealed, shall be and the same is hereby repealed, except as to any things done appointments orders regulations and contracts made offences committed penalties incurred or proceedings instituted previously to the commencement of this Act. All securities given before the commencement of this Act for the fidelity of any postmaster or other officer or servant of the post office and for the due accounting for and payment by them respectively of moneys shall be