29 VICTORIA, No. 298. masters and others for breach of duty. 72. Any postmaster or other officer employed in the post office, or any master of a vessel or other person employed by or under Penalty on post- any postmaster, or employed or authorised to receive sort carry or deliver mails or letters packets or newspapers sent by post or otherwise employed in the business of the post office, who shall offend against or wilfully neglect or omit to comply with any of the arrangements or regulations to be made as hereinbefore in this Act mentioned or with any of the provisions of this Act (for breach or neglect of which no other punishment is hereby provided), shall on conviction thereof forfeit and pay any sum not exceeding one hundred pounds. Penalty for losing letters. 7 Will. IV. & 1 Vict. c. 36 s. 7. 73. Any postmaster master of a vessel or other person duly or not delivering authorized to receive sort convey or deliver mails letters packets or newspapers sent by post who shall negligently lose or wilfully omit or delay to deliver any such mail letter packet or newspaper whether the same shall or shall not be afterwards recovered or delivered (as the case may be) shall on conviction thereof forfeit and pay any sum not exceeding twenty-five pounds. Penalty on mail guards loitering. Ib. 74. If the driver of any vehicle used for the conveyance of the coach drivers or mail or the guard or any person in charge of a mail whether conveyed by such vehicle or on horseback or foot shall loiter on the road, or wilfully misspend 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 fixed by the Postmaster-General for the conveyance thereof, unless the weather or the badness of the roads or any accident shall prevent the same (the proof whereof shall lie on the defendant), he shall on conviction thereof forfeit and pay any sum not exceeding fifty pounds. Punishment for retaining or secreting letters. Ib. s. 25. Punishment for improperly ob 75. Every person who shall wilfully retain secrete keep or detain any letter packet or newspaper which ought to have been delivered to any other person, for any mail bag mail box mail parcel letter packet or newspaper which shall have been found by the person secreting keeping or detaining the same or by any other person, shall be guilty of a misdemeanor. 76. If any person shall by means of any false pretence or mistaining letters &c. statement induce any postmaster or any officer or servant of the post office to deliver to such person any letter packet or newspaper sent by post and not addressed to such person, he shall be guilty of a misdemeanor and he shall be liable upon summary conviction thereof before two justices to forfeit and pay any sum not exceeding fifty pounds. Stealing letters &c. Ib. s. 28. Exhibiting sign 77. If any person shall fraudulently take from the possession of any postmaster or person employed in the post office or from any post office or place appointed for the receipt or delivery of letters, or shall steal or for any purpose embezzle take secrete or destroy any mail bag mail box mail parcel or any letter packet or newspaper sent by post or any part thereof respectively, 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 seven years. 78. If any person without the authority of the Postmaster&c. as post office General (the proof of which authority shall rest on such person) shall place or permit or cause to be placed or to remain on or near to his or royal mail. No. 298. house or premises the words "post office" or any other words or 29 VICTORIA, mark which may imply or give reasonable cause to believe that such house or premises is or are a post office or a place for the receipt of letters, or shall place or permit or cause to be placed or to remain on any vehicle the words "royal mail" or any word or mark which may imply or give reasonable cause to believe that such vehicle is used for the conveyance of mails, he shall on conviction thereof forfeit and pay any sum not exceeding fifty nor less than five pounds. Unlawfully orders. 79. Any person who shall unlawfully issue any money order with a fraudulent intent shall be guilty of felony; and on conviction issing money thereof shall be liable at the discretion of the court to be imprisoned 11 & 12 Vict. for any term not exceeding seven years. c. 88 s. 4. 80. Every money order shall be deemed a "valuable security" Money orders to within the meaning of any Act now or hereafter in force relative to be deemed valularceny and the prosecution for and punishment of that offence. able securities. 81. Every person who shall with a fraudulent intent send any Sending fraudumessage or advice concerning any money order or any money or fees lent message. due or receivable from or by any person in respect of any money order shall be guilty of a misdemeanor; and on conviction thereof shall be liable to be punished with fine or imprisonment or both in the discretion of the judge before whom such person shall be tried. ing stamps with- out a license or licensed. 82. If any person without the license of the Postmaster-General Penalty for sell(the proof of which license shall rest on such person) shall sell or offer or expose for sale any postage stamp, or shall place or permit pretending to be or cause to be placed or to remain on or near to his house or premises the words "licensed to sell stamps or any words or mark which may imply or give reasonable cause to believe that he is duly licensed to sell postage stamps, he shall on conviction thereof forfeit and pay any sum not exceeding five pounds. or other things post offices. 83. If any person shall enclose in or with any letter packet or Punishment for newspaper, or shall put into any post office or into any pillar or box putting explosive for the receipt of letters packets or newspapers to be sent by post, into letters &c. or any explosive dangerous or destructive substance or liquid or any matter or thing likely to injure any letter packet or newspaper or the person of any officer or servant of the post office, 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. 84. Every conviction or warrant shall be deemed valid in which Form of prothe offence is set forth in the words of this Act; and no such con- ceedings. viction or any adjudication made upon appeal therefrom shall be quashed for want of form, or be removed by writ of certiorari or otherwise into the Supreme Court. 7 Will. IV. & 1 85. In any information for any offence committed upon or in Prosecution of respect of any mail bag mail box or mail parcel or any letter packet offences. or newspaper sent by post or any property moneys money order Vict. c. 36 s. 39. goods chattels or effects under the management or control of the Postmaster-General, or where any act matter or thing shall have been done or committed with any malicious injurious or fraudulent design intent or purpose in anywise relating to or concerning the Post Office or any such property moneys money order goods chattels or No. 298. 29 VICTORIA, effects as aforesaid, it shall be sufficient to state or allege the property to belong to, and such act deed matter or thing to have been done or committed with the intent to injure or defraud, the Postmaster-General without mentioning his name. Notice and limitation of action. 86. If any action or suit shall be commenced against any postmaster or other officer or servant of the post office for anything done or omitted to be done in pursuance of this Act, the same shall be commenced within three months after the fact committed or omitted and not afterwards. And no such action shall be commenced until one month after notice thereof and of the cause thereof shall have been delivered to the defendant or left for him at his usual place of abode by the party intending to commence such action; and upon the back of such notice shall be endorsed the name and place of abode or business of the plaintiff and his attorney or agent if such notice shall have been served by such attorney or agent. And the defendant in such action may plead the general issue and give the special matter in evidence; and if it shall appear that the action was commenced after the time before limited for bringing the same, the jury shall find for the defendant. [New Schedule substituted by 37 Vict. No. 455 s. 2, "Post Office (Amendment)," post, p. 2136.] Section 27. THIRD SCHEDULE. I [A.B.] do declare that I will be true and faithful in the execution of the trust committed to my charge and that I will not intentionally read the contents of any letter or packet which I may open under the provisions of any Act now or hereafter to be in force relating to the Post Office except so far as it may be necessary for the purpose of ascertaining the name and address of the writer or sender thereof and that I will not divulge to any person whatever except the Postmaster-General or other officer in immediate charge of the Post office any of the contents of any such letter or packet. FOURTH SCHEDULE. 29 VICTORIA, No. 298. I [A.B.] do solemnly declare that I have to the best of my knowledge delivered to [C.D.] every mail bag mail box mail parcel letter packet and newspaper that were section 36. on board the [name of vessel] at the time of her arrival in the port of except such letters as are exempted by law from such delivery. Title and commencement of Act. New scale of postage rates. Schedule. Rates of postage may be altered and prepayment dispensed with by arrangement under section 32. Schedule. Arrangements authorized for An Act to amend "The Post Office Statute 1866.” ВЕ [25th June 1873.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall come into operation on the first day of July One thousand eight hundred and seventy-three, shall be called and may be cited as "The Post Office Amendment Act 1873," shall be construed with and as part of "The Post Office Statute 1866" hereinafter referred to as "the Principal Act," and is divided into Parts as follow: : PART I.-General Provisions ss. 2-20. PART II.-Post Office Deposit for Savings ss. 21-28. PART I.-GENERAL PROVISIONS. 2. The Schedule to this Act is hereby substituted for the Second Schedule to the Principal Act, and section five of the Principal Act shall be construed accordingly. 3. The Governor in Council may for the purpose of any arrangement under section thirty-two of the principal Act alter the scale and rate of postage provided by the Schedule to this Act, and authorize the transmission and delivery of letters packets and newspapers before payment of the postage thereon, and every alteration heretofore made in the scale and rate provided by the Second Schedule to the Principal Act and every authority heretofore given as aforesaid for the purpose of any such arrangement is hereby confirmed and made valid. 4. The Governor in Council may from time to time make transmission of arrangements with the Postmaster-General of the United Kingdom unpaid letters &c. or with the proper authorities of any British possession or foreign country for the transmission to any place out of Victoria of letters newspapers or packets posted in Victoria or received in mails or loose from masters of vessels on which no postage or insufficient postage shall have been paid free of postage or upon such terms as to the amount of postage or fine to be paid on delivery and as to the application thereof as may be agreed upon, and every arrangement heretofore made for the purpose aforesaid is hereby confirmed and made valid. |