by some cause beyond his control, the proof whereof lies on the person charged; is guilty of a simple offence, and is liable to a fine of ten pounds. 156. Any person who, with intent to defraud Fraudulently (1.) Removes from any postal matter any stamp affixed removing thereon; or (2.) Removes from any stamp previously used any mark made thereon at a post office; or (3.) Knowingly uses a postage stamp which has been obliterated or defaced by a mark made thereon at a post office; is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of fifty pounds. On the trial of a person charged with the offence of knowingly using a postage stamp which has been obliterated or defaced by a mark made thereon at a post office, proof that the person charged is the writer of the address of anything sent by post on which the stamp is affixed is sufficient evidence that he is the person who used the stamp, until the contrary is shown. 157. Any person who— stamps. Fraudulent evasion of (1.) Knowingly and fraudulently puts into a post office any postal laws. thing in or upon which, or in or upon the cover of which, there is any letter, newspaper, or other thing, or any writing or mark, not allowed by law to be there placed; or (2.) Wilfully subscribes on the outside of anything sent by post a false statement of its contents; or (3.) Knowingly and fraudulently puts into a post office anything which falsely purports to be a thing falling within any exemption or privilege declared by the laws relating to postal matter; is guilty of a simple offence, and is liable to a fine of fifty pounds. 158. Any person who, not being authorised by the Postmaster Carrying to do so, (1.) Sends or conveys a letter otherwise than by post; or (2.) Takes charge of a letter for conveyance; is guilty of a simple offence, and is liable to a fine of fifty pounds. This section does not extend to a letter sent or conveyed to a place in the Protectorate with which postal communication has not been established, nor to a letter exceeding the weight prescribed by law for letters sent by post, nor to a letter sent by a private friend without hire or reward, on his way, journey, or travel, so as such letter be delivered to the party to whom it is directed, nor to a letter to be sent out of the Protectorate by a vessel not being a packet boat, nor to a letter concerning goods sent and to be delivered with it, without any hire or reward being paid or received in respect thereof, or containing process of, or letters otherwise than by post. Illegally making postal envelopes or setting up post office or office for sale of stamps, or obstructing post office. proceedings or pleadings in, a court of justice, or briefs or cases or instructions for counsel and their opinions thereon, or containing a deed, affidavit, or power of Attorney, nor to a letter sent by a special messenger and concerning the private affairs of the sender, nor to a letter sent or carried to or from the nearest post office. Provided always that nothing herein before set forth shall authorise any of the persons hereinafter named to carry a letter, or to receive or collect or deliver a letter, although they shall not receive hire or reward for the same : (a.) Common carriers, except a letter concerning goods which they are conveying ; (b.) Officers of the Postal Department; (c.) Owners, masters, or commanders, of vessels being passage or packet boats, sailing and passing between places in the Protectorate with which postal communication has been established except in respect of letters concerning goods on board, or letters belonging to the owners of such vessels; (d.) Passengers, members of the crew, or other persons on board any such vessel as is mentioned in clause (c) thereof; (e) Owners of, members of the crew, or others on board a vessel passing or repassing on a river within the Protecttorate, except with respect to places in the Protectorate with which postal communication has not been established. 159. Any person who— (1.) Without lawful authority or excuse, the proof of which lies on him (a.) Makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or under the authority of the Postmaster or of the Postal authority of any other country, or having thereon any word, letter, or mark, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such word, letter or mark, is sent on His Majesty's service, or on the public service of another country; or (b.) Makes on any envelope, wrapper, card, form, or paper, in order to its being issued or sent by post or otherwise, any stamp or mark in imitation of a stamp or mark of any post office under the control of the Postmaster, or of the Postal Authority of any other country, or any other stamp or mark, or any word or letter, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such stamp, mark, word, or letter, is sent on His Majesty's service, or on the public service of another country; or (c.) Issues or sends by post or otherwise, any envelope, wrapper, card, form, or paper, so marked; or (2.) Without the authority of the Postmaster, the proof of which lies on the person charged, places or maintains, or permits to be placed or maintained. or to remain in, on, or near, any place under his control, (iii.) The words “Letter box," accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a receptacle provided by the authority of the Postmaster for the reception of postal matter; or (iii.) Any words, letters or marks which signify or imply, or may reasonably lead the public to believe, that any place is a post office, or that any such receptacle is provided by the authority of the Postmaster as aforesaid; or (3.) Without the authority of the Postmaster, the proof of which lies on the person charged, places, or permits to be placed or to remain, on any vehicle or vessel under his control the words "Royal Mail," or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that the vehicle or vessel is used for the conveyance of mails; or (4.) Without the license of the High Commissioner the proof of which lies on the person charged. (d.) Sells, or offers or exposes for sale, any postage stamp; or (e.) Places, permits to be placed or to remain, on or near to his house or premises the words, "licensed to sell stamps," or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that he is duly licensed to sell postage stamps; is guilty of simple offence, and is liable to a fine of five pounds. letter 160. Any person who wilfully destroys or damages any Destroying or receptacle provided by authority of the Postmaster for the recep- damaging tion of postal matter, or any card or notice relating to the postal receivers. service or telegraph service set up by authority of the Postmaster or the Director of Telegraph, or obliterates any letter or figure on any such thing, is guilty of a simple offence, and is liable to a fine of fifty pounds. 161. Any person who places in or against any receptacle pro- Placing vided by authority of the Postmaster or Director of Telegraphs for injurious the reception of postal matter or telegrams, any fire or match, or any explosive, dangerous, noxious, or deleterious substance, or any fluid or filth, is guilty of a simple offence, and is liable to a fine of twenty pounds. substances in letter box. or against box. Defacing Post 162. Any person who without the license of the Postmaster Office or letter affixes, or attempts to affix, any placard, advertisement, notice, list, document, board, or thing on, or paint or tar any post office, telegraph office, or receptacle, provided by authority of the Postmaster or the Director of Telegraphs, for the reception of postal matter or telegrams, is guilty of a simple offence, and is liable to a fine of five pounds. Obstructing post and telegraph offices. Obstructing post and telegraph officers in the execution of duty, &c. Contravening exclusive privilege of Telegraph Department. Interference with telegraphs. 163. Any person who, by stopping or loitering opposite to or on the premises of a post office or telegraph office, obstructs the business of the office, or any person lawfully going to the office, is guilty of a simple offence, and is liable to a fine of five pounds. 164. Any person who (1.) Wilfully obstructs a person employed by or under the Postal Department or the Telegraph Department in the execution of the duties of his employment; or (2.) Being in a post office or telegraph office, or within any premises appertaining to a post office or telegraph office, or used therewith, wilfully obstructs the business of the office; is guilty of a simple offence, and is liable to a fine of two pounds. Any person employed by or under the Postal Department or the Telegraph Department may require any person committing any of the offences defined in this section to leave the post office, or Telegraph Office, or premises. Any person who refuses or fails to comply with such request is guilty of a simple offence, and is liable to a further fine of five pounds, and may be removed by any person authorised to make the request; and all members of the Police Force, are required, on demand, to remove or assist in removing such person. 165. Any person who, not being authorised by the Director of Telegraphs to do so (a.) Transmits any telegrams; or (b.) Receives, collects, or delivers any telegram; is guilty of a simple offence, and is liable to a penalty of five pounds. This section does not extend to telegrams for which no charge is made, transmitted by a telegraph maintained solely for private use, and relating to the business or private affairs of the owner thereof, or to telegrams transmitted to or from any place beyond the Protectorate. 166. Any person who wilfully and unlawfully (1.) Destroys, damages, or removes, any telegraph works; or is guilty of a felony, and is liable to imprisonment for three telegraphs. 167. Any person who attempts to commit any of the offences Attempt to defined in the last preceding section, is guilty of a misdemeanour, injure and is liable to imprisonment for twelve months, or to a fine of fifty pounds. A person found committing any such offence may be arrested without warrant. 168. Any person who negligently destroys or damages any Negligently telegraph works is guilty of a simple offence, and is liable to a injuring fine of two pounds. telegraphs. secrecy. 169. Any telegraph official who, contrary to his duty, publishes Violation of or communicates the contents or substance of a telegram, or any information relating to the despatch or receipt of any telegram, except to some person to whom he is authorised to deliver the telegram, is guilty of a felony, and is liable to imprisonment for three years. 170. Any person who resists a person employed by or under Resisting the Postal Department or the Telegraph Department while engaged officers. in the execution of his duty under the laws relating to Posts and Telegraphs, is guilty of a simple offence, and is liable to imprisonment for three months, or to a fine of twenty pounds. &c.; and in 171. (1.) In case of any offence under this Code in respect of Property in any postal matter bag or postal matter, or of any chattel, money, or valuable security sent by post, it shall be sufficient in any proceedings to lay the ownership in the Postmaster. (2.) In case of any offence under this Code in respect of any telegram, telegraph line or telegraph works, established under the provisions of the Telegraphs Proclamation, 1902, or of any Proclamation incorporated therewith or substituted therefor, or in respect of any form, paper, book, or other thing used for the purpose of carrying out the provisions of such Proclamation, it shall be sufficient in any proceedings to lay the ownership in the Director of Telegraphs. (3.) In any such proceedings as aforesaid, it shall not be necessary to prove ownership, or to allege or prove any value. CHAPTER XVII.—Miscellaneous Offences against Public Authority. 172. Any person who subscribes a certificate or declaration as to the execution of a sentence of death, which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment for fourteen years. 173. Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath, or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any material particular, is to his knowledge false, and postal matter, telegraph works, &c. False declaration as to sentence of execution of death. False state- statements declaration. |