such rate as the Governor in Council may from time to time appoint 29 VICTORIA, and fix. No. 298. money order c. 88 s. 3. 45. The Postmaster-General may at any time repay or refund when amount of the amount of any money order heretofore or hereafter to be issued may be refunded. to the person to whom the same shall have been granted his executors 11 & 12 Vict. or administrators whether such money order shall remain or be in his or their possession or not; and immediately after any such repayment or refunding as aforesaid all liability by or on the part of the Postmaster-General or any postmaster or officer of the post office for or in respect of such money order or of the issuing of the same or of the repayment or refunding of the amount thereof shall as against all persons whomsoever cease and determine. PART IV.-POST OFFICE DEPOSIT FOR SAVINGS. deposits to be 46. The Postmaster-General may authorise and direct any post- Postmaster-Genmaster or other officer of the post office as he shall think fit to era may direct receive deposits for remittance to the General Post Office, and to received and repay the same, under such regulations as the Governor in Council 24 Vict. c. 14 s. 1. may prescribe in that respect. repaid. minors. 47. Deposits may be received under this Part of this Act from Deposits by any minor, or from a parent or other relative of a minor in the name and on behalf of such minor; and such deposits shall be repaid on the application in writing of such parent or other relative or of the minor himself in case he shall have made the deposit; and the receipt of any such minor attested by one witness shall be a sufficient discharge notwithstanding the infancy of such minor. 48. [Repealed by 34 Vict. No. 384 s. 1, "Married Women's Property," ante, p. 1680.] savings banks. 49. When the trustees of any bank commonly known as a Transfer of Penny Savings Bank shall have determined to close such bank for accounts of the receipt of deposits and shall have given public notice of such 26 & 27 Vict. intention by advertisement in a newspaper circulating in the district c. 14 s. 3. in which such bank is situated, such trustees may if they think fit transmit under the hands of a majority of their number to the Postmaster-General a certified list of such depositors as shall not have applied to them to receive their deposits and of the amounts due to them respectively, and the Postmaster-General may thereupon receive as a deposit under this Part of this Act the moneys remaining in the hands of the trustees if the same shall be sufficient to discharge the whole of the liabilities of such trustees to the depositors set forth in the said list. The certificate of the PostmasterGeneral shall be a sufficient discharge to the said trustees in respect of all such moneys so paid over; and all such moneys shall be received and held subject to the rights and claims of the depositors named in such list, who shall thenceforth be considered to be depositors under the provisions of this Part of this Act and shall be entitled, subject to the provisions and in the form prescribed under the authority of this Part on presenting their deposit books to any postmaster or other officer of the post office authorised as aforesaid, to claim payment of the sums shewn by the said list to be due to them respectively with the interest due to them thereon. 29 VICTORIA, No. 298. Legal title of depositor to repayment. 50. Every deposit received by any postmåster or other officer appointed for that purpose shall be entered by him at the time in depositors' book; and the entry shall be attested by him and by the dated stamp of his office; and the amount of such deposit shall upon 24 Vict. c. 148. 2. the day of such receipt be reported by such postmaster or officer to the Postmaster-General, and the acknowledgment of the PostmasterGeneral signified by the officer whom he shall appoint for the purpose shall be forthwith transmitted to the depositor, and the said acknowledgment shall be conclusive evidence of his claim to the repayment thereof with the interest thereon upon demand made by him on the Postmaster-General. In order to allow a reasonable time for the receipt of the said acknowledgment the entry by such postmaster or other officer in the depositors' book shall also be conclusive evidence of title for ten days from the lodgment of the deposit, and if the said acknowledgment shall not have been received by the depositor through the post within ten days and he shall before or immediately upon the expiry thereof demand the said acknowledgment from the Postmaster-General, then the entry in such book shall be conclusive evidence of title during another term of ten days and toties quoties. Provided that such deposits shall not be of less amount than sixpence Repealed and new provision substituted by 37 Vict. No. 455 s. 21, "Post Office (Amend ment)," post. Inor of any sum not a multiple thereof.] Depositors entitled to repayment not later than ten days after demand. Ib. s. 3. Names of depo- Moneys deposited Rate of interest pre 51. On demand of the depositor or person legally authorised to claim on account of a depositor made in such form as shall be scribed in that behalf for repayment of any deposit or any part thereof, the authority of the Postmaster-General for such repayment shall be transmitted to the depositor forthwith; and the depositor shall be absolutely entitled to repayment of any sum or sums that may be due to him within ten days at farthest after his demand shall be made at any post office where deposits are received and paid. 52. Postmasters and other officers of the post office engaged in the receipt or payment of deposits shall not disclose the name of any depositor, nor the amount deposited or withdrawn, except to the Postmaster-General or to such officers or persons as may be appointed to assist in carrying this Part of this Act into operation. 53. All moneys so deposited with the Postmaster-General shall forthwith be paid over to the Treasurer of Victoria, and shall be placed to the credit of the trust fund, or shall be invested in any public or Government debentures heretofore issued or which may hereafter be issued under the authority of any law heretofore or hereafter in force and such moneys shall be a charge upon the consolidated revenue; and all sums withdrawn by depositors or by persons legally authorised to claim on account of depositors may and shall be repaid to them out of the said trust fund or out of the proceeds of such debentures through the office of the PostmasterGeneral. 54. The interest payable to the persons making such deposits shall be at a rate not exceeding four pounds per centum per annum; but such interest shall not be calculated on any amount less than ten shillings or some multiple thereof, and shall not commence until the first day of the month next following the day of deposit, and shall cease on the first day of the month in which such deposit is 29 VICTORIA, withdrawn. No. 298. calculated. 55. Interest on deposits shall be calculated to the thirty-first Interest how day of December in every year, and shall be added to and form part of the principal money. be made. Ib. s. 11. 56. The Governor in Council may from time to time make Regulations to and alter and rescind regulations for superintending inspecting and regulating the mode of keeping and examining the accounts of depositors, and with respect to the making of deposits and to the withdrawal control and investment of deposits and interest, and all other matters whatsoever incidental to the carrying this Part of this Act into execution; and all regulations so made shall be binding on all the persons interested in the subject matter thereof to the same extent as if such regulations formed a portion of this Act. Copies of all regulations made under the authority of this Part of this Act shall be laid before both Houses of Parliament within fourteen days from the date thereof if Parliament shall be then sitting, and if not then within fourteen days after the next meeting of Parliament. laid before Par 57. An annual account of all deposits received and paid under Accounts to be the authority of this Part of this Act and of the expenses incurred liament. during the year ended the thirty-first day of December, together Ib. s. 12. with a statement of the total amount due at the close of the year to all depositors, and a general report upon the affairs of the post office in the several departments thereof mentioned or referred to in this Act, shall be laid by the Postmaster-General before both Houses of Parliament not later than the thirty-first day of March in every year. examined by the Ib. s. 13. 58. The annual accounts of the Postmaster-General to the Accounts to be thirty-first day of December in each year in respect to all moneys commissioners of deposited and paid and expenses incurred under the authority and in audit. execution of the provisions of this Part of this Act shall annually prior to the thirty-first day of March in each year be submitted for examination and audit to the commissioners of audit; and for the purpose of such examination the commissioners of audit shall have all the powers conferred on them by any Act now or hereafter in force relating to the collection and audit of the public accounts. PART V.-OFFENCES AND PENALTIES. sailing too soon. 59. Every master or person in charge of any such vessel as is in Penalty for not Part II. of this Act referred to who shall omit to give notice as in giving notice or the said Part is required, or who shall depart from the port before the expiration of the time mentioned in such notice, shall on conviction thereof forfeit and pay any sum not exceeding fifty pounds. taining mails on notice. 60. Whenever the master or person in charge of any vessel Penalty for deshall have received any mail bag mail box or mail parcel for carriage vessels not sailon board of such vessel and such vessel shall not depart on her ing pursuant to voyage according to the time fixed for the departure thereof, such master or person as aforesaid shall return to the postmaster port officer or other person duly authorised in that behalf by writing under the hand of the Postmaster-General or officer in immediate charge of the post office such mails and also any gratuity which may have No. 298. 29 VICTORIA, been paid for the carriage of the same; and in default of so doing shall on conviction thereof forfeit and pay any sum not exceeding two hundred pounds. Penalty for refarding delivery of mails. Penalty for carrying letters for hire. 7 Will. IV. & 1 Vict. c. 36 s. 2. Exemptions. Fraudulent for velopes or covers. Ib. s. 22. 61. If any postmaster port officer master of a vessel or person duly authorised to receive or dispatch any mail or any letter packet or newspaper shall neglect or fail to dispatch or shall retard the dispatch of any mail bag mail box mail parcel letter packet or newspaper sent by post, he shall on conviction thereof forfeit and pay any sum not exceeding one hundred pounds. 62. No letter shall be carried for hire or reward otherwise than by post. And any person who shall send or convey any letter otherwise than by post, or who shall for hire take charge of the same for such conveyance, shall on conviction thereof forfeit and pay for every such letter any sum not less than five nor more than fifty pounds. And every such letter sent conveyed or taken charge of to be conveyed otherwise than by post shall be deemed to have been so sent conveyed or taken charge of for hire or reward, unless the contrary shall be shown by the defendant. But nothing herein contained shall extend to any letter exceeding sixteen ounces in weight, nor to any letter concerning goods sent and to be delivered therewith, or containing process of or proceedings or pleadings in any court of justice briefs cases and instructions for counsel and their opinions thereon respectively, deed affidavit or letter of attorney; nor to any letter sent by any person concerning his private affairs by any special messenger; nor to any letter bona fide sent or carried to or from the nearest post office. 63. If any person shall fraudulently forge alter or imitate or ging stamps en assist in forging altering or imitating any stamp envelope or cover used or made under the authority or for the purposes of this Act, or shall use offer utter or dispose of any forgery or imitation of any such stamp envelope or cover knowing it to be forged or with a fraudulent intent, he shall be guilty of felony; and on conviction shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. Penalty for engraving false plates. 64. If any person shall engrave or in anywise make upon any plate or material whatever any stamp used for the purposes of this 3 & 4 Vict. c. 96 Act without the authority of the Postmaster-General (the proof of which authority shall lie upon the party accused) he shall be guilty of felony; and on conviction thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 8. 22. Unlawful pos- 65. If any person shall make or cause to be made or assist in making or knowingly have in his custody or possession without lawful excuse (the 'proof whereof shall lie on the person accused) any mould or frame or other instrument having thereon any words letters figures marks lines or devices peculiar to paper heretofore or hereafter to be provided or used for postage stamps, or if any person shall make or procure to be made or aid or assist in making or knowingly have in his custody or possession without lawful excuse (the proof whereof shall lie on the party accused) any paper in the substance of which shall appear visible any words letters figures marks lines or devices peculiar to paper heretofore or hereafter to be No. 298. used or provided for postage stamps, or any part of such words 29 VICTORIA, letters figures marks lines or devices and intended to imitate or pass for the same, he shall be guilty of felony; and shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. of postage stamp paper. s. 66. If any person without lawful excuse (the proof whereof legal possession shall lie on the party accused) shall sell purchase dispose of or receive or take or have in his custody or possession any paper pro- 3 & 4 Vict. c. 96 vided by the Postmaster-General for the purpose of being used for 5. 30. postage stamps before the same shall have been issued by him for public use, every such person shall be guilty of a misdemeanor; and shall be imprisoned for not more than two years nor less than six months. removing stamps 67. If any person shall with a fraudulent intent remove from Fraudulently any letter packet or newspaper respectively sent by post any stamp or obliterating which shall have been affixed thereon, or wilfully remove from any them. stamp which shall have been previously used any mark which shall Ib. s. 29. have been made thereon at any post office, or shall knowingly put off or use any such stamp, he shall be guilty of a misdemeanor; and shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years. falsely sending 68. If any person shall knowingly and fraudulently put into any Penalty for post office any thing purporting to be a letter packet or newspaper letters &c. as within any of the exemptions hereinbefore in this Act mentioned or exempted. any letter purporting to belong to a class in which a postage of one penny only is chargeable, he shall on conviction thereof forfeit and pay any sum not less than five nor more than fifty pounds. packets. 69. If any person shall knowingly and fraudulently put into Penalty for any post office any packet in or upon which or the cover whereof falsely sending there shall be any letter communication or intelligence not allowed by law, or shall wilfully subscribe on the outside of any packet a false statement of the contents thereof, he shall on conviction forfeit and pay any sum not less than five nor more than fifty pounds. falsely sending newspapers. Vict. c. 36 s. 5. 70. If any person shall knowingly and fraudulently put into Penalty for any post office any newspaper in or upon which or the cover whereof there shall be any communication character figure letter or number 7 will. IV. & 1 (other than a line drawn through any report article or paragraph therein, the printed title of such newspaper, the printed names occupations and places of business of the printer publisher and vendor thereof, the name occupation and address of the person to whom it is sent, and the words "newspaper only"),r in or with which anything shall be enclosed or which anything shall accompany or if any person shall wilfully place the words aforesaid on any newspaper or thing purporting to be a newspaper or on the cover thereof respectively knowing the same to be untrue, he shall on conviction thereof forfeit and pay any sum not less than five nor more than fifty pounds. ing obscene or 71. Any person who shall knowingly put into any post office in Penalty for postVictoria any letter packet or newspaper bearing an obscene profane profane letters or libellous address or signature shall on conviction thereof forfeit &c. and pay any sum not exceeding fifty pounds. .528 |