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To convey her Majesty's Mails.

also be deemed to be a Post-Office act, and that the penalties therein mentioned may be recovered as penalties are reco

other envelope in which post letters are conveyed, whether it does or does not contain post letters.

'Officer of the Post-Office' shall include the Postmaster-General, and every deputy postmaster, agent, officer, clerk, letter-carrier, guard, postboy, rider, or any other person employed in any business of the PostOffice, whether employed by the Postmaster-General, or by any person under him, or on behalf of the Post-Office.

'Persons employed by or under the Post-Office' shall include every person employed in any business of the Post-Office, according to the interpretation given to Officer of the Post-Office.'

'Post-town' shall mean a town where a post-office is established, (not being a penny or twopenny or convention Post Office').

'Post letter-bag' shall include a mail-bag or box, or packet or parcel, or other envelope or covering in which post letters are conveyed, whether it does or does not contain post letters.

'Post letter' shall mean any letter or packet transmitted by the post under the authority of the PostmasterGeneral; and a letter shall be deemed a post letter from the time of its being delivered to a post-office to the time of its being delivered to the person to whom it is addressed; and the delivery to a letter-carrier, or other person authorised to receive letters for the post, shall be a delivery to the Post Office; and a delivery at the house or office of the person to whom the letter is addressed, or to him, or

to his servant or agent, or other person considered to be authorised to receive the letter according to the usual manner of delivering that person's letters, shall be a delivery to the person addressed.

'Post-Office' shall mean any house, building, room, or place where post letters are received or delivered, or in which they are sorted, made up, or despatched.

• Postmaster-General' shall mean any person or body of persons executing the office of postmaster-general for the time being, having been duly appointed to the office by her Majesty.

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'Post Office acts' and PostOffice laws' shall mean all acts relating to the management of the post, or to the establishment of the Post-Office, or to postage duties, from time to time in force; and every officer mentioned shall mean the person for the time being executing the functions of that officer; and whenever in this act, or the schedules thereto, with reference to any person, or matter, or thing, or to any persons, matters, or things, the singular or plural number, or the masculine gender only is expressed, such expression shall be understood to include several persons, or matters, or things, as well as one person, matter, or thing, and one person, or matter, or thing, as well as several persons, or matters, or things; females as well as males; bodies politic or corporate, as well as individuals; unless it be otherwise specially provided, or the subject or context be repugnant to such construction."

vered under the Post-Office acts (e); but any justice of the peace having jurisdiction may hear and determine any offence which may subject any company to a pecuniary penalty not exceeding 201

To convey her Majesty's Mails.

Majesty's troops.

II. By the annual Mutiny Acts, justices of the peace are To convey her empowered, in cases of emergency, to provide carriages and horses, by compulsory powers, for the transport of troops; and, it being considered desirable to make some similar provision for despatching troops by railways, the Legislature has provided, that, whenever it is necessary to move any of the officers or soldiers of the line, ordnance corps, marines, militia, or the police force, by a railway, the directors are required to permit such forces, with their baggage, &c., to be conveyed at the usual hours of starting, at such prices, or upon such conditions, as may be contracted for between the Secretary-at-War and the railway company, upon the production of a route or order for their conveyance, signed by the proper authorities (ƒ). This is the only general legislative enactment now in force applicable to railway companies incorporated previous to 1844; but a subsequent statute requires railway companies incorporated, or obtaining an extension of their powers, by any act passed in the then present session of Parliament, (7 & 8 Vict. c. 85, 1844), or in any subsequent session (g), to provide the before-mentioned conveyance at fares not exceeding the following scale:

(e) 1 & 2 Vict. c. 98, s. 19, post, App., 10. As to the recovery of penalties under 1 Vict. c. 36, see ss. 12 to 24.

(f) 5 & 6 Vict. c. 55, s. 20, post, App., 27.

(g) But a clause is now inserted in every special act, whereby the company are made subject to the Genera Railway Acts, including 5 & 6 Vict. c. 55 and 7 & 8 Vict. c. 85.

To convey her Majesty's Troopt.

To provide thirdclass trains.

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Such soldiers and their families must be conveyed in convenient and protected carriages; and every officer may carry one cwt., and every soldier, soldier's wife, &c., half a cwt. of personal luggage, free of charge; all excess being paid for at the rate of not more than one halfpenny per pound. All public baggage, stores, arms, ammunition, and other necessaries and things, must be conveyed at charges not exceeding twopence per ton per mile, the assistance of the military being given in loading and unloading such goods. But the company are not bound to convey gunpowder and other combustible matters, except upon such conditions as may be agreed upon by the Secretary-at-War and the company (h).

III. All passenger (i) railway companies incorporated or obtaining an extension of their powers in or after the session 7 & 8 Vict. c. 85, (1844), are required, by means of one train at the least, to travel along their railway from one end to the other, once at least each way on every week-day, (except Christmas-day and Good Friday, but this exception does not extend to Scotland), under the following conditions:

(h) 7 & 8 Vict. c. 85, s. 12, post, railway company, 7 & 8 Vict. c. 85, App., 32. s. 25, post, App., 37.

(i) See the definition of a passenger

class Trains.

“To start at an hour to be from time to time fixed by the To provide ThirdDirectors, subject to the approval of the Board of Trade.

"To travel at an average rate of speed, not less than twelve miles an hour, including stoppages.

"To take up and set down passengers (if required) at every passenger station.

"Carriages to be provided with seats, and protected from

the weather.

"Fares not to exceed one penny for each mile.

"Each passenger to be allowed half a cwt. of luggage, not being merchandise or other articles carried for hire or profit; and any excess to be charged by weight, at a rate not exceeding the lowest rate of charge for passengers' luggage by other trains.

"Children under twelve years of age to be carried at half fare, and children under three years, free" (k).

The foregoing enactment does not extend to the conveyance of third-class passengers on Sundays; but if a company runs any trains on that day, they are required, by such train (each way) as shall stop at the greatest number of stations, to provide carriages for third-class passengers, at a like fare of one penny for each mile (1). If any company refuse or wilfully neglect to comply with the foregoing provisions within a reasonable time, a penalty of 201 per day is forfeited (m). But, for the relief of railway companies, it is provided, that no tax shall be levied upon their receipts in respect of the above-mentioned cheap trains (n). And the Board of Trade have a discretionary power to dispense with certain of the conditions imposed

(4) 7 & 8 Vict. c. 85, s. 6, post,

App., 30.

(1) Id., s. 10, post, App., 31.

(m) Id., s. 7, post, App., 31.
(n) Id., s. 9, post, App., 31.

To provide Third by the statute, if other more beneficial arrangements are

class Trains.

Regulations as to the gauge of railways, and as to engines and carriages to be used thereon.

substituted (o).

IV. It being found expedient to define the gauge on which railways should be constructed, the stat. 9 & 10 Vict. c. 57, s. 1, enacts, that, after the passing of the act, it shall not be lawful, except as in the act is excepted, to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and a half in Great Britain, and five feet three inches in Ireland; but a provision is inserted, authorising the maintenance, repair, and extension of existing railways on any other gauge; and it is provided that the act shall not extend to railways constructed, or to be constructed, under any act containing any special enactment defining the gauge of such railway, or to any railway in its whole length southward of the Great Western Railway, or to railways in Cornwall, Devon, Dorset, or Somerset, for which acts shall be passed in the then present session of Parliament, or then in the course of construction, or to the railways to be constructed under the authority of the 9 & 10 Vict. cc. clxvi and cexxxvi, or two other special acts particularly specified (e). It is also provided, that the railways authorised to be constructed by the 8 & 9 Vict. cc. cxc and xci, and by two acts of the 9 & 10 Vict., shall be constructed on the gauge of seven feet (f), and that the act shall not affect the provisions of the acts 8 & 9 Vict. cc. clxxxviii and clxxxiv (g). And it is enacted, that it shall not be lawful, after the passing of the act, to alter the gauge of any railway used for the conveyance of passengers (h).

(0) See these powers of dispensation, ante, 99.

(e) 9 & 10 Vict. c. 57, s. 2, post, App.

(f) Id., s. 3, post, App.
(g) Id., s. 5, post, App.
(h) Id., s. 4, post, App.

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