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LXVIII.

6

CAP.

An Act to regulate the Conveyance of printed Votes and Pro-
ceedings in Parliament, and printed Newspapers, by Packet
Boats between Great Britain and Ireland, and the British
Colonies, and also in the United Kingdom.

[22d June 1825.]

WHEREAS it is expedient to regulate the Conveyance of printed Votes and Proceedings in Parliament, and printed Newspapers, by Packet Boats, between Great Britain and Ireland, and the British Colonies:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Tenth Day of October One thousand From Oct. 10, eight hundred and twenty five, it shall and may be lawful for His 1825, Votes Majesty's Postmaster General, and his Deputy and Deputies by and other Parhim thereunto authorized, to receive printed Votes and Proceed-liamentary Proceedings, and ings in Parliament, and also printed Newspapers, or other printed Newspapers, to Papers liable to the Stamp Duties, and duly stamped for Con- be conveyed to veyance by Packet Boats from Great Britain and Ireland to any of His Majesty's Colonies and Possessions beyond the Seas; and for His Majesty's Postmaster General and his Deputy and Deputies, to and for the Use of His Majesty, His Heirs and Successors, to demand, have, receive and take for the Conveyance of every such printed Vote, Proceeding or Paper as aforesaid, the Sum of One Penny Halfpenny; the said Sum of One Penny Halfpenny to be paid when the said printed Votes, Proceedings and printed Papers shall be put into the Post Office, provided the same be sent without a Cover, or in Covers open at the Sides; and provided every printed Newspaper or other printed Paper liable to the Stamp Duty be put into the Post Office in any Town or Place in Great Britain or Ireland, on the Day on which the same shall be published, such Day to be ascertained by the Date of the

same.

II. And be it further enacted, That from and after the said Tenth Day of October One thousand eight hundred and twenty five, it shall and may be lawful for His Majesty's Postmaster General, and his Deputy and Deputies in His Majesty's Colonies and Possessions beyond the Seas, to receive Newspapers printed within such Colonies or Possessions for Conveyance by Packet Boats to Great Britain and Ireland; and for His Majesty's Postmaster General and his Deputy and Deputies in Great Britain and Ireland, to and for the Use of His Majesty, His Heirs and Successors, to demand, have, receive, and take, for the Conveyance of every such Paper as aforesaid, the Sum of Three Pence, to be paid on the Delivery thereof to the Person or Persons to whom the same shall be addressed, provided every such Paper be sent without a Cover, or in a Cover open at the Sides.

III. And be it further enacted, That it shall be lawful for His Majesty's Postmaster General, or any of the Officers employed under him respectively, to examine and search any Packet

sent

the British

Colonies, on 1d. when put Payment of into the Post Office.

Newspapers printed in the Colonies may be conveyed to

G.B. and Ireland, on Payment of 3d. by Person to whom

addressed.

If writing or other Thing found inclosed, Packet charged

of a Letter.

+ Sic.

Treble Postage sent without a Cover, or in a Cover open at the Sïdes, in order to discover whether any other Paper or Thing whatsoever be enclosed or concealed in or with such printed Papers as is+ hereby permitted to be sent at the Rates aforesaid, and in order to discover whether the printed Newspapers or other printed Papers sent from Great Britain or Ireland, and liable to the Stamp Duties, shall have been duly stamped; and in case any such other Paper or Thing whatsoever shall be found to be enclosed or concealed in or with such printed Paper as aforesaid, or in case there shall be any Writing, other than the Superscription upon such printed Paper, or upon the Cover containing the same, the whole of such Packet shall be charged with Treble the Postage of a Letter; and in case any Newspaper or other printed Paper sent from Great Britain or Ireland, and liable to the Stamp Duties, shall not have been put into a Post Office on the Day on which it shall appear by the Date thereof to have been published, it shall be charged with a Rate of Postage equal to that of a Single Letter sent by the Post to the Place to which such printed Newspaper shall be addressed; and in case any such Newspaper shall appear not to have been duly stamped, every such Officer is hereby required to stop the same, and send it to the Commissioners of the Stamp Duties, either at London or Dublin, as the Case may be.

In what case Newspaper charged with Postage of single Letter.

Not stamped, stopped and sent back.

Sunday Newspapers may be put in on ensuing Day.

Postmaster General to make Regulations as to Delivery.

Persons not

obliged to send such Papers through the Post Office.

Powers of Acts

Office extended

to this Act.

IV. Provided always, and be it further enacted, That nothing herein contained shall extend to charge with a greater Rate of Postage than One Penny Halfpenny any Newspaper which shall be published in Great Britain or Ireland on a Sunday, provided such Newspaper shall be put into the Post Office, or into any Receiving Office appointed by the Postmaster General, in the Course of the ensuing Day.

V. And be it further enacted, That all printed Papers to be conveyed under the Provisions of this Act shall be delivered to the Postmaster General, or his Deputy or Deputies, at such Hours in the Day and under all such Regulations as the Postmaster General for the Time being shall in his Discretion from time to time appoint.

VI. And be it further enacted, That nothing herein contained shall be construed to oblige any Person or Persons to send any printed Votes, Proceedings in Parliament, or printed Newspapers to or from the British Colonies or Possessions through His Majesty's Post Office; but that it shall and may be lawful for all Persons to send printed Votes, Proceedings and printed Newspapers to and from such Colonies and Possessions in any Manner they may find practicable and convenient.

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VII. And be it further enacted, That all the Powers, Prorelating to Post visions, Privileges, Advantages, Disabilities, Penalties, Forfeitand Distribution thereof, and all Clauses and other Matters and Things contained in any Act or Acts of Parliament in force at the Time of the passing of this Act relating to the Post Of fice, or any Rates or Duties payable on the Port or Conveyance of Letters or Packets, and not repealed or altered by this Act, shall, so far as the same are applicable, continue in force and be applied and extended, and shall be construed to apply and extend to this present Act, and to the Rates and Duties hereby granted, as fully and effectually, to all Intents and Purposes, as if

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the same had been particularly repeated and re-enacted in the Body of this Act.

VIII. And be it further enacted, That the Monies to arise by the several Rates and Duties as aforesaid, except the Monies which shall be necessary to defray such Expence as shall be incurred in the Management and Collection of the same, shall be paid into the Receipt of the Exchequer at Westminster, and carried to and made Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

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Monies arising by Postage

carried to Consolidated Fund.

IX. And Whereas by an Act made in the Fourth Year of the 4G.3. c.24. Reign of His late Majesty King George the Third, intituled An § 6.

· Act for preventing Frauds and Abuses in relation to the sending

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and receiving Letters and Packets free from the Duty of Postage, reciting that forasmuch as it had been usual for the Clerks in the Offices of His Majesty's Principal Secretaries of State, and also 'for certain Officers in the Office of His Majesty's Postmaster General, to frank printed Votes and Proceedings in Parliament, and printed Newspapers, to be sent by the Post, it was enacted, that it should be lawful for such Clerks and Officers as aforesaid, being thereunto licensed by His Majesty's Principal Sec'retaries of State, or His Majesty's Postmaster General respectively, to continue to frank such printed Votes and Proceedings ' in Parliament and printed Newspapers, in such Manner as they "had theretofore been accustomed to frank the same: And Whereas the Emoluments arising from the Privilege of franking Newspapers to the Colonies, now enjoyed by certain Officers in the Office of His Majesty's Postmaster General, by virtue of the said in part recited Act of the Fourth Year of the Reign of His late Majesty King George the Third and the Powers therein con'tained, will be reduced by the Operation and Effect of this Act: And Whereas it is just and reasonable that a Compensation • should be made to the said Officers as a Recompence for the Loss of such Privileges; Be it therefore further enacted, That Compensation it shall and may be lawful for the Commissioners of His Majesty's to Officers in Treasury of the United Kingdom of Great Britain and Ireland, or any Three of them, by Warrant under their Hands, to authorize and direct the Postmaster General to make such Compensation to the said Officers as the said Commissioners shall think reason able, which Compensation shall be charged upon and payable out of the Revenue of the General Post Office.

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X. And Whereas by an Act passed in the Forty second Year of the Reign of His late Majesty King George the Third, intituled An Act to authorize the sending and receiving of Letters and • Packets, Votes, Proceedings in Parliament and printed Newspapers by the Post, free from the Duty of Postage, by the Mem"bers of the Two Houses of Parliament of the United Kingdom, and by certain Public Officers therein named; and for reducing the Postage on such Votes, Proceedings and Newspapers when sent by any other Persons; it was amongst other things enacted, that it should be lawful for every Member of both 'Houses of Parliament of the United Kingdom, and certain Clerks of the Two Houses of Parliament therein particularly mentioned, to send by the Post within the said United Kingdom any printed Votes, Proceedings in Parliament, or printed

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Newspapers

Post Office having Privilege of franking Papers to the Colonies.

42 G.3. c.63.

§ 10.

repealed.

Limitation of Actions for executing Act.

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Newspapers, free from the Duty of Postage, so as the same be 'sent without Covers or in Covers open at the Sides, which

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should be signed on the Outside thereof by the Hand of any ‹ Member of Parliament, or either of the said respective Clerks, ' in such Manner as had been theretofore practised; and also, that it should be lawful to and for each and every Member of both the said Two Houses of Parliament, and for each and every of the said respective Clerks, to authorize printed Votes, Proceedings in Parliament and printed Newspapers, to be sent by the Post free from the Duty of Postage, addressed to him at such Place and Places within the said United Kingdom as he 'should have previously given Notice in Writing to the Postmaster General either at London or Dublin: And Whereas it is expedient that certain Parts of the said last mentioned Act should be repealed;' Be it therefore further enacted, That from and after the passing of this Act, so much of the said last mentioned Act as requires that Newspapers, to be sent by the Post free from the Duty of Postage, should be signed on the Outside thereof by the Hand of any Member of Parliament or the respective Clerks of the Two Houses of Parliament, and that Newspapers should be addressed to any such Member or any such Clerk at such Place and Places within the said United Kingdom as he shall have previously given Notice in Writing to the Postmaster General either at London or Dublin, shall be and the same is hereby repealed.

XI. And be it further enacted, That if any Action or Suit shall be commenced against any Person or Persons for any Thing done in pursuance of this Act, the same shall be commenced within Twelve Months after the Fact committed, and not afterwards; and the Defendant or Defendants in such Action shall General Issue. and may plead the General Issue, and give this Act and the Special Matter in Evidence, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear so to be done, or that such Action or Suit shall be commenced after the Time before limited for bringing the same, that then the Jury shall find for the Defendant or Defendants; and upon a Verdict for the Defendant, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her or their Action or Suit after the Defendant or Defendants shall have appeared, or if upon Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Treble Costs, and have the like Remedy for the same as any Defendant or Defendants hath or have in any other Cases by Law.

Treble Costs.

5 G. 4. c.84. $13.

CA P. LXIX.

An Act for punishing Offences committed by Transports
kept to labour in the Colonies and better regulating the
Powers of Justices of the Peace in New South Wales.
[22d June 1825.]
W
HEREAS by an Act passed in the last Session of Par-
liament, intituled An Act for the Transportation of Of
"fenders from Great Britain, His Majesty is empowered by Order
in Council to declare His Royal Will and Pleasure, that Male
• Offenders

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Offenders convicted in Great Britain, and being under Sentence or Order of Transportation, shall be kept to labour in any Part "of His Majesty's Dominions out of England, to be named in such Order or Orders in Council, and that whenever His Majesty's Will and Pleasure shall be so declared in Council, it shall be lawful for One of His Majesty's Principal Secretaries of State to direct the Removal and Confinement of any such Male Offen ́der, either at Land, or on board any Vessel to be provided by his Majesty within the Limits of any Port or Harbour in that 'Part of His Majesty's Dominions which shall be named in such Order in Council: And Whereas it is expedient, for preserving Uniformity of Discipline and Punishment among such Offenders, that they should continue amenable to the Criminal Law of England; Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Offence committed by any Male Offender kept to labour in any Part of His Majesty's Dominions out of England, under and by virtue of the Provision hereinbefore recited, whether such Offence shall be Treason, Felony or Misdemeanor by the Law of England, shall be an Offence of the same Quality, Degree and Denomination, and shall be attended with the some Punishment and Consequences, wheresoever such Offence shall be committed by such Male Offender, while so kept to labour as aforesaid, as if the same were committed within England, and shall be tried, heard and determined in the Supreme Criminal Court of the Colony or Place within whose Jurisdiction respectively the Offence shall have been committed, or under any Commission issued by virtue of an Act passed in the Forty sixth Year of the Reign of His late Majesty 46 G.3. c.54. King George the Third, intituled An Act for the more speedy Trial of Offences committed in distant Parts upon the Sea.

II. Provided always, and be it further enacted, That nothing hereinbefore contained shall extend to any Offenders under Sentence of Transportation in New South Wales or Van Diemen's Land, or any Islands adjacent thereto.

Offences committed by Male Offenders, in any Part of His Majesty's Dominions, shall be attended with the same Punishments as

if committed in England.

Not to extend to New South Wales, &c.

Powers to General and sions by 4 G.4. c.96. for taking Cognizance of and punishing

Quarter Ses

Crimes not

punishable with

in One or more 'Death, vested Justices.

III. And be it further enacted, That all and every the Powers, Authorities and Jurisdictions which in and by a certain Act of Parliament passed in the Fourth Year of the Reign of His present Majesty, intituled An Act to provide until the First Day of July One thousand eight hundred and twenty seven, and until the End of the next Session of Parliament, for the better Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof, and for other Purposes relating thereto, are vested in the Courts of General and Quarter Sessions, for the taking Cognizance of and punishing all Crimes and Misdemeanors not punishable with Death, committed by any Felons or other Offenders who have been or shall be transported to New South Wales or its Dependencies, and whose Sentences have not expired or been remitted, or for taking Cognizance of Complaints made against any such Felons or Offenders for Drunkenness, Disobedience of Orders, Neglect of Work, absconding or Desertion, abusive Language to their, his or her Employers or Overseers, Insubordination or other turbulent or disorderly Conduct, or for 6 GEO.IV. punishing

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