VICTORIA.

mm* mm

ANNO DECIMO SEPTIMO VICTORIA REGINiE.

.By jffis Excellency CHARLES JOSEPH LA TIIOBE, ESQUIRE, Lieutenant Governor of the Colony of Victoria and its Dependencies with the advice and conse?it of the Legislative Council.

M^tummma^tkiM No. XXX. An Act to amend the Law relating to the Post Office. [Assented to 12th April, 1854.]

f ? II E R E A S it is expedient to amend the Law relating to the preamble. Post Office in Victoria Be it therefore enacted by His Excellency the Lieutenant Governor of Victoria by and with the advice and consent of the Legislative Council thereof as follows— I. From and after the passing of this Act an Act of the Lieu- l^peai of is Vie., tenant Governor and Legislative Council of Victoria passed m the No-9- fifteenth year of the Reign of Her present Majesty Queen Victoria intituled "An Act to amend the Law for the Conveyance and Postage of " Letters" shall be and the same is hereby repealed except as to any proceedings commenced or instituted under the said recited Act previously to the passing hereof. II. It shall be lawful for the Lieutenant Governor with the advice Rules for establishing of the Executive Council to make Rules and Regulations for the 2f0fSrC-Cei!If establishing and managing of the several Post Offices including iottcrs, &c. the imposing of fees for private boxes and the receiving despatching conveying and delivering of Letters Newspapers Packets and Parcels and the making custody and sale of Stamps and the receipt and payment of monies in connection with the said Post Offices and the conduct of all Postmasters and other Officers of the said department and the said Rules and Regulations from time to time to alter revoke or vary and such other Rules and Regulations to establish in their stead as with the advice aforesaid he shall deem expedient. III. It shall be lawful for the Lieutenant Governor from time to Appointment and re­ l time to appoint and remove a Postmaster General until Her Majesty's ™°™n ^C1^" pleasure be known and to appoint and remove or depute to the said &c. Postmaster General the power to appoint or remove such Inspectors of Stamps Postmasters Officers Clerks and Servants as may be required for the various post towns and places in Victoria and until such appointments respectively the Postmaster General or person discharging the duties of Postmaster General at the time of the passing of this Act and all Inspectors Postmasters Officers Clerks and Servants employed in the department niixlied as a Supplement in the ' Victoria Government Gazette/ of Friday, 28//* April, 1854.—No. 3-1. 1854.] 17 VICTORIA. [No. 30. department of the Post Office at the time aforesaid shall continue to exercise their several powers and discharge; their several duties as if he and they had been respectively appointed under the provisions of this Act. Declaration of oftnvrB IV. The Postmaster General of Victoria and every other Post- and rarvants,;>n d mnster Letter Carrier or other person appointed under this Act shall c •' ' before the exercise by him of the duties of his office take and subscribe a declaration for the due execution of such duties before one of Her Majesty's Justices of the Peace which declaration such Justice is hereby authorized and required to administer in the form set forth in the Schedule to this Act annexed marked A and the said Postmaster General and such and so many of the Postmasters Letter Carriers and other persons as aforesaid as the Lieutenant Governor with the advice of the Executive Council may require shall give such security for the due and faithful dis­ charge of the duties of their offices respectively as the Lieutenant Governor with the advice aforesaid may consider reasonable Letters charged V. All letters transmitted or received by post shall (save as herein­ weight. after excepted) be charged by weight only according to the following scale that is to say—on every letter iiot exceeding half an ounce in weight one rate of postage on every letter exceeding half an ounce and not exceeding one ounce in weight two rates of postage and for every additional ounce or fraction of an ounce beyond one ounce two additional rates of postage Provided that the Postmaster General or other Postmaster shall be at liberty to refuse to receive or transmit by post any letter exceeding sixteen ounces in weight or any letter of inconvenient form or dimensions or containing or reasonably suspected to contain articles likely to injure the other contents of the mail bags r Rates of Postage. VI. l he following shall be the rates of Postage payable according to the scale aforesaid upon letters (save as hereinafter excepted) transmitted or received by the Post that is to say Upon all letters received at any Post Office for delivery at such Post Office or within the limits of the City or Town in which such Post Office is situated the sum of two pence on all letters to be transmitted by Post between separate Post Towns or Places within Victoria the sum of sixpence and upon all letters to be transmitted by Ship to places beyond the limits of Victoria the sum of one shilling Postage on packet". VII. The sum of sixpence only for any weight not exceeding four ounces and the additional sum of three pence for every additional two ounces or portion of two ounces of weight above four ounces shall be paid on packets of the following descriptions transmitted by post between towns or places within the said colony, that is to say :— (1.) Bankers' packets containing notes orders or pass-books sent by or to any Bank or Banker. (2.) Packets containing patterns or samples of merchandise bona fide sent as such (3.) Packets open at each end containing prices' current and catalogues of merchandise. (4.) Packets containing writs and proceedings in any Court of Justice deeds conveyance affidavits or letters of attorney or any deposi­ tions or recognizances sent by or to any Justice of the Peace or Coroner. (5.) Packets open at each end containing printed Votes and Proceedings of Parliament and of Colonial Legislatures. (6.) Packets containing pamphlets magazines reviews or periodical publications (newspapers excepted.) (7.) Packets or covers enclosing maps or plans transmitted by or addressed to the Surveyor General or the Department of the Surveyor General or returns made from or to any part of the Public Service pursuant to any law or duly authorised regulation. (8.) Packets 1854.] 17 VICTORIA. [No. 30. 3

(8.) Packets containing placards and prospectuses. (9.) Packets containing a single printed book. Provided ^ that upon every such packet received at any Post Office for transmission by ship to any place beyond the limits of Victoria there shall be paid the sum of one shilling as sea postage thereon in addition to such sum of sixpence^ payable as inland postage Provided also that there shall not be in or upon any such packets any letter or or epistolary communication or intelligence and that on the outside thereof in addition to the name and address of the person to whom the same is to be delivered the sender thereof shall subscribe with his name and address a statement of the contents thereof in the following form,, that is to say—"Bankers' Packet" or u Patterns of Merchandise" or other proper description within the terms of this Enactment together with the words " Packet without letter or writing " And provided that the Postmaster General or other Postmaster shall be at liberty to refuse to transmit by Post any such Packet when of the weight of more than one pound or unless it be folded within dimensions not exceeding fifteen inches in length by six inches in breadth or any packet containing or reasonably believed to contain any article likely to injure the other contents of the mail bags Provided lastly that no such packet as aforesaid shall be transmitted by post to any place to which either partly or for the entire distance the mail shall be conveyed on horseback unless the Lieutenant Governor with the advice of the Executive Council shall otherwise direct. VIIJ. Nothing herein contained shall be deemed to repeal so much 16 vie, No. 26, *ec. of an Act of the Lieutenant Governor and Legislative Council of Victoria si. not repealed, passed in the sixteenth year of the reign of Her present Majesty Queen Victoria intituled u An Act for Registering Births Deaths and " Marriages in the Colony of Victoria " as relates to correspondence of Registrar and Deputy Registrars and receipt by them of letters and packets under the said Act free of postage provided that all such correspondence letters and packets shall be subject to the provisoes lastly hereinbefore contained. IX. Members of the Executive Council and of the Legislature Petitions. may receive by post Petitions and Addresses to Her Majesty and to His Excellency the Lieutenant Governor and Petitions addressed to the Executive Council or any Member of the Legislature not exceeding sixteen ounces in weight exempt from postage Provided such Petitions and Addresses are sent without covers or in covers open at both sides. X. No letter from or to any Non-Commissionecl Officer Private Postage on letters ot Soldier Seaman or Marine employed on actual service in the Army Navy 8oldiera a,ld Mn°M' or Marines or the East India Company's Service shall be chargeable with a higher rate of postage than the sum of one penny Provided that upon the outside of any such letter from any such Non-Commissioned Officer Private Soldier Seaman or Marine there shall be written in the hand­ writing of and signed by the Commanding Officer for the time being of the Corps Regiment Detachment or Ship to which such Non-Commis­ sioned Officer Private Soldier Seaman or Marine belongs the name of such Officer and of such Corps Regiment Detachment or Ship Provided also that any such letter to any such Non-Commissioned Officer Private Soldier Seaman or Marine shall specify upon the same the Corps Regi­ ment Detachment or Ship to which such Non-Commissioned Officer Private Soldier Seaman or Marine belongs Provided further that the said postage of each such letter unless sent from parts beyond the seas shall be prepaid and such payment shall be made by a sufficient number of postage stamps being affixed thereon. XL All official letters on Military and Naval Service transmitted (MRcini letters, &c. by Post to or from the Officers in command of any portion of Her Majesty's Land and Sea Forces and Officers of Her Majesty's Ordnance or 1854.] 17 VICTORIA. [No. 30.

or Commissariat and addressed to them at or sent by them from any post or place in Victoria shall be exempt from postage. Newspapers. XII. Printed newspapers sent by the post from one town or place to another within Victoria or from Victoria to any parts or places beyond seas shall be liable to and be charged with postage at the rate of one penny for each newspaper and shall be forwarded if such rate of postage be prepaid and if the following conditions be observed. (1.) Every newspaper shall be sent without a cover or in a cover open at the sides and shall be folded in such a manner as that the true date of publication thereof shall be visible and legible. (2.) There shall be no other word or communication letter character figure or number written printed or otherwise marked on any such newspaper after its publication or upon the cover thereof except the name and address of the person to whom sent. (3.) There shall not be more than three copies of any newspaper posted in one packet. (4.) Every such newspaper if printed in Victoria shall be posted within seven days after the publication thereof and every newspaper posted in Victoria shall be put into the Post Office at such times of the day and under such regulations as the Lieutenant Governor of Victoria with the advice of the Executive Council thereof shall appoint and no newspaper or packet containing newspapers posted in violation of any of such regulations or the aforesaid conditions or on which the postage has not been prepaid shall be forwarded Provided that all newspapers sent from parts beyond the seas shall be forwarded to their respective addresses free of charge. Newspapers for de­ X1U. Newspapers posted in any Post Town in the said Colony livery whore posted liable. addressed to a person within the limits of that town or place or its suburbs shall be liable to and charged with postage at the rate of one penny for each newspaper and no such newspaper shall be received or if received shall be transmitted by any Postmaster unless a sufficient number of postage stamps according to the rate aforesaid shall have been affixed thereon Provided that newspapers put into any Post Office for delivery at such Post Office and directed "To be kept until called for" shall be exempt from postage. Newspapers need not be sent by post. XIV. It shall not be compulsory to send newspapers by post. Arrangements be­ XV. It shall l>e lawful for His Excellency the Lieutenant Governor tween Great Bri­ tain, Foreign ports, with the advice of the Executive Council to make or cause arrange­ and separate Colo- ments to be made with the constituted authorities in Great Britain nicH, and Victoria. and Foreign parts and separate Colonies for the prepayment thereat by stamps or otherwise of the postages payable under the provisions hereof or of such sum as may form a fair proportion or an equivalent for such proportions of such a rate of Postage as shall be arranged to be payable in Great Britain or in any such Foreign parts or separate Colonies for the entire Postage between the place at which the letters or packets chargeable therewith shall be posted to the place of delivery and also to cause arrangements to be made for the pre-pay men t in Victoria on letters or packets to be sent from Victoria to Great Britain or to such Foreign parts or separate Colonies of the Postages payable in Great Britain or in any such Foreign part or separate Colony or for the payment of such entire sum as may be agreed upon as the Postage between the place at which any such letter or packet shall be posted and the place of delivery thereof and as to the proportion of or equivalent for such proportion of such entire sum or of such postages as aforesaid which shall be re­ tained for the use of Victoria and also to make or cause arrange­ ments to be made with the constituted authorities of any of the Australasian 1854.] 17 VICTORIA. [NO. 30, I

Australasian Colonies for the mutual exemption from further postage and transmission of all letters and packets received in Victoria or any one of such Colonies as aforesaid upon which the established rates of postage of the Colony in which such letters or packets may have been posted shall have been prepaid on the posting thereof and also for the mutual transmission to and from parts beyond the seas of all such of the letters and packets aforesaid upon which the established rates of foreign and inland postage of the Colony in which such letters and packets may have been posted shall have been prepaid ^ on the posting thereof Provided that no such arrangement as last aforesaid shall be made if the rates of Foreign or Inland Postage (as the case may be) chargeable in any of such Colonies with whom such arrangements are proposed to be made on letters or packets addressed to town and places within Victoria or to parts beyond the seas shall exceed the like rates of Postage established for Victoria. XVI. It shall be lawful for His Excellency the Lieutenant Pow«r to make ar- Governor with the advice of the Executive Council to make or cause to E^'o^Ls f°r be made arrangements with the constituted authorities in England and °Ky Foreign Parts and separate Colonies for the transmission through the medium of the Post Office of money between England Foreign Parts or any separate Colony and Victoria by order or otherwise and for the delivery and payment of the same the accounting for all moneys which shall be due and owing to any Country or Colony on account of such arrangements and for the transmission of any balance thereon and to make such rules and regulations and to appoint such agents and pay such salaries thereto and also to defray such discounts and exchanges as may be necessary and to establish such rates of payment as shall seem fit in such behalf respectively and all monies arising from such rates and any premiums of exchange or other sources connected with such transmission shall be paid and appropriated to Her Majesty Her Heirs and successors for the public uses of Victoria and in support of the Government thereof. XVII. The Postmaster General or Inspector of Stamps shall with Postage stimps. the approval of the Lieutenant Governor cause Stamps to be made and sold indicating such amounts of Postage as may be directed in that behalf by the Lieutenant Governor. XVIII. If any person shall fraudulently forge alter or imitate or Forging stomps, assist in forging altering or imitating any Stamp made under the authority of this Act or shall offer utter or dispose of any forgery or imitation of any such Stamp with a fraudulent intent he shall be guilty of felony and on conviction shall be liable to hard labor on the Roads or other Public Works of the said Colony for such term not exceeding seven years as the Court shall award. XIX. From and after the thirty-first day of December One Prepayment. thousand eight hundred and fifty-four the Postage upon all letters newspapers and packets which shall be posted at any Post Office within Victoria shall be pre-paid by the person who shall desire to have the same transmitted by Post and such pre-payment shall (except as hereinafter provided; be made by the affixing thereon of stamps issued by the Postmaster General or Inspector of Stamps and (except as hereinafter provided) no letter newspaper or packet shall be received or if received shall be transmitted by any Postmaster unless a sufficient number of stamps according to the provisions of this Act shall have heen affixed thereon and no Colonial postage shall be required on letters or newspapers received from beyond sea for delivery to any part of Victoria Provided that it shall be incumbent on every Postmaster to procure and keep on hand a sufficient supply of Post Office Stamps for sale without premium and in such quantities as the Postmaster General niay authorise or direct for all persons desirous of purchasing the same and hi case any Postmaster shall happen not to have sufficient stamps on sale as aforesaid prepayment on any letter or packet received by such Postmaster mav be made in money and such prepayment by money shall 6 1854.] 17 VICTORIA, [No. 30,

be acknowledged by such Postmaster upon the face of such letter or packet Provided further lhat until the; said thirty-first day of December now next in all cases in which letters and packets posted and addressed to places within Victoria, shall be posted without the postage being pre-paid either by stamp or otherwise there shall be charged ou such letters or packets a postage of three times the amount to which such letters or packets would otherwise be liable under this Act. How stamps to lie XX. The Stamps upon all letters newspapers and packets shall placed. -J3Q affixed or impressed upon the outside thereof and above the address written thereon and no Postmaster shall he bound to take any notice of Stamps which shall be affixed elsewhere upon any such letters newspapers or packets. Proper amount of XXI. It shall 1)0 the duty of every Postmaster acting by virtue Stamps. of this Act to seo that every letter newspaper or packet bears n sufficient number of stamps of the proper amount according to the rate established by law. Letters bearing oh- XXII. Letters newspapers or packets bearing stamps which have litcratcd or defaced |jeen previously obliterated or defaced shall be treated as unpaid LTunpaid. Frau- letters newspapers or packets and if any person shall wilfully and duicntiy obiiterat- fraudulently remove from any Post Office Stamp which has been stamps punishable, previously used any mark which shall have been made thereon at any Post Office by way of alteration or defacement for the purpose of indicating that such stamp has been once used or shall knowingly or fraudulently put off or use any such stamp he shall be deemed guilty of a misdemeanor and shall be liable to be imprisoned with or without hard labor or to be worked on the roads or other public works of the said Colony for any period not exceeding three years Registration of let- XXIII. Any person who shall send any letter by post shall ters* be entitled to have the same registered at the Post Office at which the same shall be posted upon payment of such registration rate in addi­ tion to any other rates payable under this Act as the Lieutenant Governor with the advice of the Executive Council shall from time to time direct, but such registration shall not render the Postmaster or the Post Office revenue in any manner liable for the loss of any such post letters or the contents thereof and all registered letters shall be delivered to the Post Office and also be delivered by the Post Office at or between such hours in the day and under all such regulations in every respect as the Postmaster General shall from time to time appoint and the Postmaster General shall in all cases require such registration rate to be paid on the letter being put into the Post Office such payment being made by a sufficient number of postage stamps. Knowingly sending XXIV. If any person shall send or put or cause to be sent letters as exempted or put to 01. mt p t Office any letter or packet purporting to letters punishable. x ... . . ,/ . „ «7 . , * , l. l °, «• come within any ol the exemptions aforesaid or to belong m respece ot its contents to one of the classes in which such lower rate of postage as aforesaid is chargeable but which letter or packet shall (to the; knowledge of such person) not contain solely and exclusively that which the same is by this Act authorized to contain or shall (to the knowledge of such person) contain or have written thereon or therein some letter paper note communication writing or thing which under this Act would subject the same to postage or to the higher rate of postage the person so offending Detainer of irregular shall forfeit and pay a fine of not less than five and not more than fifty pounds, •otainer ot lrregmav XXV. It shall be lawful for the Postmaster General to detain or letters. cause to be detained any letters or packets which shall be posted contrary to the regulations of this Act and every other Postmaster shall after the expiration of such time as herein mentioned forward such irre­ gularly posted and all refused letters or packets to the General Post Office at Melbourne and all such irregularly posted and refused letters 1854.] 17 VICTORIA. [NO. 30. 7

or packets shall he immediately opened at the General Post Office at Melbourne in manner hereinafter provided for the purpose of ascertaining the writer or sender thereof. XX\ I. Except in the ease of unclaimed refused undelivered and Return of letters, irregularly posted letters or packets no letter or packet whatever shall under any circumstances ho returned to the writer or sender thereof without the express consent of the person to whom the same is directed nor unless by virtue of an express warrant under the hand of the Lieutenant Governor shall any letter or packet he sent or delivered other­ wise than according to the direction of the same. XX VII. Allunclaimed undelivered and irregularly posted letters and Unclaimed undeliver- paekets which shall or may have been received at any Post Office shall be posS? iittoS!larly kept thereat for a period of thirty days during which a list thereof shall be exposed in a conspicuous place in such Post Office and at the expiration of such period of thirty days the same shall he forwarded to the General Post Office at Melbourne and the Postmaster General shall forthwith cause the addresses of all such letters and packets so forwarded to him to be inserted in a list to he openly exposed in the Post Office at Melbourne. XXVIII. During the said period of thirty days the Postmaster w«t of unclaimed General or the Postmaster at every such Post Office as aforesaid shall published.0' t0 be cause a list of the names only of the persons to whom such unclaimed undelivered and irregularly posted letters and packets as aforesaid are addressed to be inserted once in every week in the Government Gazette or in some newspaper published in or at the town or place nearest to the Post Office where such letters or packets have been received as aforesaid and each such list shall contain an accurate account of the names of the persons to whom letters received since the last preceding publication of the like kind are addressed and after the expiration of twenty days after the said period such of the letters and packets the names of the persons to whom the same have been addressed have been published as aforesaid may be opened in manner herein­ after mentioned Provided that every such Postmaster shall previously to the delivery or transmission of any such letter or packet demand and receive the rate of" two pence in addition to the postage rates hereby imposed. XXIX. All letters and packets which shall under the provisions Opening of unclaimed of this Act be required to be opened shall he opened by an officer or officers e eis' of the Post Office at Melbourne to be especially nominated for that purpose by the Postmaster General and such officer shall before he shall enter upon his duties in this respect make oath before the Postmaster General (who is hereby authorised and required to administer such oath) in the form set forth in the schedule hereunto annexed marked B and if any such officer shall act in contravention of this enactment or of the promise contained in his oath he shall for every such offence forfeit and pay a penalty of not less than live pounds and not exceeding one hundred pounds. XXX. The Postmaster General shall cause all letters and packets What letters and bo whatsoever posted in Victoria which have been detained as unclaimed and destroyed."™7 have remained in the General Post Office at Melbourne from dates prior to the first day of January to be opened as aforesaid and shall cause all such letters and packets and all other letters and packets which have been opened under the provisions of this Act not containing money or other valuable con­ tents to be returned to the writers or senders thereof if the name and address of the writer or sender can be ascertained by examination of such letters or packets and such writers or senders shall thereupon be liable to pay the original postage payable thereon if not prepaid and if any such writer or senders shall refuse to receive any such letter or packet the same may be forthwith destroyed but he shall nevertheless be liable to pay such postage thereon as aforesaid. XXXI. All letters and packets opened under the provisions of Letters and packets this Acs K,!md to contain money or other valuable contents shall be safely rtthc^huE kept ho^ disposed of. 8 1854.] 17 VICTORIA. [No. 30.

kept and a list thereof together with a note of the contents thereof shall be made and preserved and the Postmaster General shall cause information of the said letters and packets and of their said contents to be sent to the persons to whom the said letters and packets are respectively addressed if they be known or otherwise to the writers thereof if they be known and upon demand by the first mentioned persons if known and of the hist mentioned persons if known and if the former be unknown the contents of the said letters and packets shall be delivered to the party so making such demand and if in any case neither of such parties can be found or neither of them shall make such demand within a reasonable time the said contents shall be delivered to the Colonial Treasurer to be by him held and dealt with as a part of the Colonial Revenues of the Crown but subject to restoration of the value thereof to the rightful owner if he shall at any time lay claim thereto. Destruction of books, XXXII. It shall be lawful for the Postmaster General to cause &c* to be destroyed or sold all books pamphlets magazines reviews and periodical publications and all printed votes and proceedings of Parliament and of Colonial Legislatures and all prices current catalogues of mer­ chandise and patterns and samples of merchandise maps charts and returns which shall continue to be unclaimed or undelivered and also to cause to be destroyed all newspapers which shall have remained unclaimed or undelivered and also all letters and packets posted in Victoria unclaimed refused undelivered and irregularly posted of which he shall have been unable to ascertain the senders so as to return them and which shall have continued to be unclaimed and undelivered Provided that none of the said books pamphlets magazines reviews periodicals votes and proceedings prices current catalogues patterns samples maps charts and returns letters and packets shall be so destroyed as aforesaid unless the same if from Great Britain Ireland or Foreign Parts, have been unclaimed and undelivered for a period of nine months and if from any separate Colony for a period of six months and if from any part of the said Colony of Victoria for a period of three months from the dates respectively at which a list of the names of the persons to whom the same are addressed has been published Provided that in such last mentioned case a list shall be pre­ served shewing the state of every such letter or packet the address thereof and the name of the writer and of the place at which the same purports to have been written Provided lastly that nothing herein contained shall authorize the said Postmaster General to cause any letter posted in any Country out of Victoria to be sold or destroyed but such letters if unclaimed or undelivered as aforesaid shall be returned to the proper authorities in such Country under such Rules and Regulations as the Lieutenant Governor with the advice of the Executive Council may direct. Rates of postage on XXXIII. The rate of Postage upon any letters containing gold letters containing wm'cn snan De transmitted by Post between separate Post Towns or places within the Colony shall be three times the rate of Postage under the provi­ sions of this Act for ordinary letters so transmitted and it shall be lawful for the Postmaster General to detain and open in accordance with the provisions hereof any letter which he shall suspect to contain gold and on which less than the above amount of Postage shall have been prepaid. Contracts formails . XXXIV. It shall he lawful for the Postmaster General for the time being under such instructions as shall be from time to time in that behalf given to him by the Lieutenant Governor to enter into any contracts in writing from time to time in his own name on behalf of the Government for or in respect of the carriage or conveyance of the several mails throughout the Colony of Victoria or any or either of them and also in like manner and subject to the like instructions to enter into any contract in writing from time to time on behalf of Her Majesty or the said Government for or in respect of the conveyance of mails by sea and therein to fix the amount to be paid for such conveyance either by periodical payments of agreed sums or by payments 1854.] 17 VICTORIA. [No. 30. 9

at any agreed rate for each and every letter and packet and also therein to impose such terms and conditions as to him shall seem fit as to the vessels to he employed the times of starting and otherwise for securing the due regular and efficient performance of the service and to sue and be sued upon any such contracts accordingly and if any person having entered into any such contract shall during the continuance thereof unlawfully refuse or neglect to perform the same or shall in any manner omit to comply with any stipulation or provision therein he shall forfeit and pay a, penalty of not less than twenty pounds nor more than two hundred pounds over and above the penalty recoverable upon such default by virtue of^ any bond which such person or his sureties may have entered into for the Derformance of the contract.

por post place in any otlier of Her Majesty's Australian" Colonies there shall be provided a suitable Locker or other secure place in which such mails and all post letters and packets shall be locked up and carried apart from all other articles and things and if such Locker or other secure place shall not be so provided or if such mails or any post letter or packet shall be carried in any such vessel during the whole or any part of the voyage between such ports post towns or other places otherwise than as afore­ said the master commander or other person having the charge of such vessel shall on conviction thereof before any two Justices of the Peace forfeit and pay a penalty not exceeding fifty pounds. XXXVI. In any suit or other proceeding for the recovery of any 0nm pobandi in pro- Postage payable uuder or by virtue of this Act the person from whom any postages. ° lecov€r letter or packet in respect of which any Postage shall be sought to be recovered shall purport to have come shall be deemed the sender thereof and the onus shall be upon the party proceeded against to prove that such letter did not come from and was not sent by him. XXXVII. In all proceedings whatsoever for the recovery of any Post office tax, evi. Postage the Post Office tax upon any newspaper letter or packet shall in all cases be evidence of the liability of such letter or packet to be so taxed and that the sum so taxed thereupon is payable as and for the Postage thereof. XXXVIli. All letters packets or newspapers and also all loose Ship letters inwards, letters and newspapers which at the time of the arrival of any eivc,y0, ship or vessel within the limits of any port or harbor in the said Colony shall be on hoard such ship or vessel directed to any person within the said Colony or its Dependencies shall be delivered on demand to any Postmaster or Post Officer of such port or harbor or to any person duly acting for such Postmaster or Post Officer excepting always letters coucernijig goods on board such ship or vessel and to be delivered with such goods and letters containing any conveyance or other deed commission writ or affidavit and letters sent by way of intro­ duction only or concerning the bearers private affairs and any Master Passenger or other person on board of such ship or vessel who shall know­ ingly or negligently detain on hoard of such ship or vessel or keep in his or her possession any mail bag mail box packet of letters letter or news­ paper (except as aforesaid) after such demand made as aforesaid shall forfeit and pay for every letter or newspaper so delayed detained or kept a penalty or sum not exceeding one hundred pounds. D mas XXXIX. The person commanding any vessel arriving at any port ^'$™s^ " or harbor in the said Colony shall as soon as practicable thereafter sub­ scribe a declaration in the" presence of the Postmaster at such port or harbor or the town or place adjacent thereto in the form or to the effect following (that is to say) 1 [A B] commander of the [state the name of the vessel] arrived from [slate the place] do solemnly declare that I have to 10 1854.] 17 VICTORIA. [No. 30.

to the best of my knowledge delivered to [C D] the person duly authorized to receive delivery thereof every letter bag package parcel or packets of Letters that wen; on hoard the said vessel except such Letters as are exempted by Law from Postage and thereupon the Postmaster taking such Declaration sliall grant a Certificate under his hand of the making thereof and until such Certificate shall have been made to the Collector Comp­ troller or Principal Officer of Customs at such port or harbor he shall not permit such vessel to report And any Master or Commander failing or refusing to make such Declaration or making a false Declaration shall forfeit and pay a penalty or sum not exceeding one hundred pounds. Delivery of mails XL. All mail bags boxes packets haters or newspapers which coastwise. are conveve(i or required by law to be conveyed by post from one part of the Colony to the other and which at the time of the arrival of any vessel within the limits of any such port post town or other place situated as aforesaid shall be on board such vessel shall be delivered on demand to any Port Officer or Postmaster of such port post town or other place situated as aforesaid or to any person duly authorised to act for them or either of them and any Master Commander or other person belonging to any such steam boat or other vessel having charge of such mails who shall refuse or neglect to deliver the same on demand as aforesaid or shall detain or permit the detention of the same on board such vessel or shall not use due diligence in the delivery thereof as well as for the secure and dry custody of the same while they shall be in his charge shall forfeit and pay for every such offence a sum not exceeding one hundred pounds. Packets exceeding XLI. It shall be lawful for the Postmaster General or any eight ounces may postmaster under this Act to delay for any period not exceeding one calendar month the transmission or delivery of any packet exceeding eight ounces avoirdupois in weight upon such occasions and under such circum­ stances as it shall appear to such Postmaster General or Postmaster necessary or expedient so to do. Remuneration of Mas- A LI I. Every master or other person in charge of any such ship tew of vessels. Qr vegse| arriving from parts beyond the said Colony shall be entitled at any time after the expiration of twenty-four hours next after the arrival of such ship or vessel to receive from the nearest Postmaster (who is hereby requi­ red to pay such master or person) the sum of one penny for every letter or packet, newspapers excepted, so delivered on demand as aforesaid or delivered voluntarily to any Postmaster or Post Officer or at any Post Office excepting only mail bags and packages received according to law from the General Post Office in England and every such master or other person shall give a receipt for the money so received which receipt shall be to the Postmaster obtaining such letters or packets a sufficient voucher and the same shall be allowed him in his account accordingly. Mails in outward XLIII. If any master or person having the command of any ship or vessel about to depart from the said Colony shall (after being thereto required by any such Postmaster or Post Officer or by any person duly authorised to act for them or either of them) refuse or wilfully neglect to receive on board such ship or vessel any mail or bag or box of letters or sliall refuse or neglect carefully to deposit such mail or bag or box in some secure and dry place on board of such ship or vessel or to convey the same upon her then intended voyage such master or person shall for every such offence forfeit and pay a penalty or sum not exceeding one hundred pounds. Provided that every such master or person in command who shall receive on board any such mail or bag or box (for the purpose of conveying the same according to the direction thereof) shall be entitled immediately to demand and receive from such Postmaster or Port officer for the carriage thereof one penny for every letter or packet contained therein (newpapers excepted) such master or person giving a receipt 1854.] 17 VICTORIA. [No. 30. 11

receipt for the amount so received by him which receipt shall be a sufficient voucher for such payment and the same shall be allowed such Postmaster or Port Officer in his account accordingly. XLIV. If any Master Commander or other person having the charge Mails coastwise, of any vessel proceeding 0r about to proceed from any port or place witliiu the said Colony of Victoria to some other port or place within the same shall refuse or neglect to receive any such Post Office Mail on board such vessel or to give a receipt for the same being thereto required he shall forfeit and pay a penalty or sum not exceeding one hundred pounds. X.LV. The Master Commander or other person having the charge Notice of approach or of any vessel^hereinbefore mentioned shall give timely noticed the Po°st dcpal1uroot'y&ue]t' Office authorities at such Port Harbor or place of such vessel's arrival or intended departure so as to enable them to be prepared to receive or despatch any Mail on board such vessel and if any such Master Commander or other person as aforesaid shall refuse fail or neglect to give such notice he shall for every such offence forfeit and pay a penalty not exceeding fifty pounds. XLVI. For the conveyance of any mails from one port post town Allowance for letters or other place to any other such port post town or other place within the coastw,se- said Colony the master or commander or any other person having the charge of any such vessel shall be entitled to demand and receive at the rate of one halfpenny for every letter or packet chargeable with postage contained in such mail (newspapers excepted) and such payments shall be made at such place and time and under such regulations as the Postmaster General shall appoint and every such master commander or other person as aforesaid shall give a receipt for the amount so received by him which receipt shall be to the Postmaster General or to any Postmaster or other person as r foresaid making such payment a full and valid discharge for the same and the said Postmaster General and every such Postmaster and other person in passing his accounts shall receive credit for every such sum or sums which shall be therein mentioned accordingly Provided that such master or other person having the charge of such vessel shall not be entitled to demand or receive any such payment in respect of any newspaper placed on board such vessel by the Postmaster General or other person duly authorised in that behalf.

XLVII. If any Port Officer Postmaster or other person duly Retarding delivery of authorised to receive or despatch any such mails as aforesaid shall neglect Malls* or fail to deliver or shall retard the delivery of any bag box mail letter packet or newspaper he shall for every such offence forfeit and pay a penalty or sum not exceeding one hundred pounds. XLVIII. After the commencement of this Act no letter or packet No carriage of letters eXCept chargeable with postage except newspapers as aforesaid shall be carried [hrOUghpost. for hire or reward otherwise than by post and if any such letter or packet shall be carried or be sent or taken charge of for the purpose of being so carried or conveyed by any person (not being a person employed in the Post Office or in the conveyance of post letters) the person so sending or conveying such letter or packet or taking charge of the same for such carriage or conveyance shall for every such letter or packet forfeit and pay a penalty or sum not les than five pounds and not exceeding fifty pounds and every such letter and packet sent or carried or taken charge of to be carried otherw iso than by post shall be deemed in any prosecution for this oflence to have been for hire or reward unless the contrary shall be shewn by the defendant. XLIX. Nothing in the last preceding clause contained shall extend Exception* to any letter or packet exceeding sixteen ounces in weight nor to any letter or packet concern in u* iroods sent with such goods and to be delivered there Willi 17 VICTORIA. [No. 30. 12 1854.] therewith or containing any writ or proceeding' out of any Court fo Justice or deed conveyance affidavit or letter of attorney nor to any letter or packet sent by any person concerning- his or her private affairs by any- special messenger nor to any letter or packet bona fide sent or carried to or from the nearest Post Office. Penalty for breach of L. Any Postmaster or other Officer belonging to the Post duty. Office or any person employed by or under a Postmaster or in the receiving sorting carrying conveying or delivering of post letters or otherwise in the business of the Post Office who shall offend against or wilfully neglect or omit to comply with any of the rules and regulations so from time to time to be made as aforesaid or any of the provisions of this Act shall for every such offence neglect or omission forfeit and pay a penalty or sum not exceeding one hundred pounds. Penalty for losing LI. Any person employed in the carrying conveying or deliver­ letters. ing of mail bags or post letters and packets who shall negligently lose any such mail bag letter or packet whilst in his charge shall whether the same shall or shall not be afterwards recovered forfeit and pay for every such offence a penalty or sum not exceeding twenty-five pounds. Penalty on mail coach LII. If the driver of any mail coach or other carriage used for drivers. the conveyance of the mail or the guard or any person in charge of a mail whether conveyed by such carriage or on horseback or foot shall loiter on the road or wilfully mis-spend 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 of such a number of miles an hour as are fixed by the Postmaster General for the conveyance thereof unless the circumstances of the weather or the badness of the roads or the occurrence of any accident shall prevent the same then and in every such case the driver or guard or person in charge (as the case may be) so offending on being convicted thereof shall forfeit and pay a sum not exceeding fifty pounds for everv such offence. Knowingly retaining, LIII. Every person who shall knowingly retain secrete or keep or secreting letters. or detain or shall neglect or refuse to deliver up a post letter or packet which ought to have been delivered to any other person or a post letter bag or packet which shall have been found by the person secreting keeping or detaining or neglecting or refusing to deliver up the same or by any other person shall be guilty of a misdemeanor and being convicted thereof shall be liable to be punished by fine and imprisonment. Stealing letters, &c. LIV. If any person whether employed in the Post Office or other­ wise shall fraudulently take from the possession of any Postmaster or person employed to convey post letters or from out of any Post Office or place appointed for the receipt or delivery of post letters or shall steal or for any purpose embezzle take secrete or destroy any mail of letters or any letter or packet or newspaper or other printed paper or any matter or thing enclosed in any such mail letter or packet (sent or to be sent by such post) every person so offending shall be deemed guilty of felony and on conviction thereof shall be liable to be imprisoned with or without hard labour for any term not exceeding three years or if a male to be worked on the roads or other public works of the said Colony for such term not exceeding fourteen years as the Court shall award. Exhibiting sign, &c, as Post Office LV. U any person shall without the authority of the Postmaster punishable. General of the said Colony (the proof of which authority shall rest on such person) place or erect or permit or suffer to be placed on or near to his house or premises any sign placard writing or painting bearing the words "Post Office" or any other words or mark which may imply or g*ve reasonable cause to believe that such house or premises is or are a Post Office or a place for the collection or receipt of letters he shall for every such offence forfeit and pay a sum not exceeding fifty pounds nor less than five pounds. LVI. N° 1354.] 17 VICTORIA. [NO. 30. 13

Lvl. iSo hackney carriage shall stand for hire opposite to or on any Obstructions opposite side of the General Post Office' in Melbourne or any other Post Office in r°stuffi<*- the said Colony and every driver or person having the management of any hackney carriage v.ho shall permit the same to stand or ply for hire; opposite to or on any side of any such Post Office shall forfeit for every such offence a sum not exceeding twenty pounds and any hav/ker newsvender or idle or disorderly person who shall stop or loite/ou the llagway or pavement opposite to or on the pivnuVs of the General or iniy'other Post Office shall forfeit for every such oiieuce a sum not exceeding twenty pounds or he imprisoned for any period not exceeding three mouths with e!r without hard labor. L\ II. In any indictment or information for any offence committed Prosecution of offence, upon or in respect of any property which mav he 'laid in or stated to belong to the Postmaster (it-Horal" it shall he' sufficient to state such property to ^belong to and to lay it in the Postmaster General of Victoria. LVIIh All la-oeecdiiigs'inuler tills Act shall he had and taken and iwedings. all ones penalties and forfeitures, shall he recovered in a. summary way !>y and heforc one or more Justices of the Peace and rlit• statement of any offence in the words of this Act shall he deemed sufficient Provided that no formal information shall he necessary but that on due service of a summons all .subsequent proceedings shall he a.s valid as if a. formal information were filed and all such proceedings shall he taken in the name of Her Majesty's Attorney General or of the Postmaster General or of some other officer employed in the Post Office .Department of "Victoria. i.-lX. No conviction before ary Justices under this Act nor any Certiorari. adjudication made upon appeal therefrom shall he quashed for want of form or removed by writ of certiorari or otherwise into the Supreme Court of Victoria and no warrant of commitment shall he held to be void by reason of any defect therein provided it he therein alleged that the party has been convicted and thai there be a good and valid conviction to sustain the same. LX. Any person ordered or adjudged^ to forfeit or pay any fine Appeal, penalty or forfeiture exceeding twenty pounds who shall feel himself ag­ grieved hy the judgment of the J usticos adjudicating or before whom he was convicted may appeal from any such judgment or conviction to the next Court of General Sessions of the Peace which shall he held nearest to the place where such judgment or conviction shall have been given or made and the execution of every judgment or conviction so appealed from shall he suspended in case such person shall with one or more sufficient surety or sureties immediately before such Justices enter into a bond or recog­ nizance to Her Ivlajestv Her Heirs and Successors in the sum of double the amount of such fine penalty or forfeiture which bond or recognizance respectively such Justices are hereby authorised and required to take and such bond or recognizance shall be conditioned to prosecute such appeal with effect and to be forthcoming to abide the determination of the said Court and to pay such costs as the said Court shall award on such occasion and such Court is hereby authorised and required to hear and determine the matter of the said appeal and the decision of such Court shall be final between the parties to all intents and purposes. LXI. If any Action or suit shall be commenced against any Limitation of Action, person for any thing done in pursuance of this Act the same shall be commenced within six months after the fact committed and net afterwards 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 act was done under this Act or that the action ^vas commenced after the time before limited for bringing the same the Jury shall find for the defendant awl upon a verdict for the defendant or if the plaintiff shall be non-suited or shall have discontinued his action or suit 17 VICTORIA. [No. 30. 14 1854.] suit after the defendant shall have appeared or if upon demurrer judgment shall be given against the plaintiff the defendant shall recover double costs and have the like remedy for the same as any defendant hath by Law in any other cases. Appropriation. LXII. The monies to arise by and from the several rates and duties as aforesaid shall be paid to Her Majesty for the public uses of the said Colony and in support of the Government thereof and all sums of money imposed and levied by way of fine or penalty under the provisions of this Act shall respectively be paid one moiety to the party suing or in­ forming in respect thereof and the other moiety to Her Majesty Her Heirs and Successors for the uses aforesaid, his Act not to LXIII. Nothing in this Act contained shall he construed to abridge Po"toastor General or interfere with the powers vested respectively in the Postmaster General in England, &c. of England and the Commissioners of Her Majesty's Treasury or any three of them by a certain Act of the Imperial Parliament of Great Britain and Ireland passed in the seventh and eighth years of Her present Majesty's Reign intituled "An Act for the better regulation of Colonial " Posts" Interpretation Clause. LXIV. In the construction of the provisions of this Act the word "packet" shall be taken to mean and include any box packet or parcel the word " newspaper" shall mean and include all pamphlets and papers containing any public news intelligence occurrences or any remarks or observations thereon or upon any matter on Church or State or con­ taining only or principally advertisements printed for sale and published periodically or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such pamphlets or papers parts or numbers where any of the said pamphlets or papers parts or numbers respectively shall not exceed two sheets (exclusive of any cover or blank leaf or any other leaf upon which any advertisement or other notice shall be printed) or shall be published for sale for a less sum than sixpence. The word "Ship" and the word "Vessel" shall mean any navigable Ship or Vessel of any kind whether moved by wind steam or other power. Commencement of LXV. This Act shall commence and take effect from and after Act. the first day of May which will be in the year of our Lord One thousand eight hundred and fifty-four and may be cited in all proceedings as " The Postage Act 1854."

SCHEDULES 1854.] 17 VICTORIA. [NO. 30.

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

A. I, A. B. do solemnly and sincerely declare that I will not willingly or knowingly open detain return or delay or cause or suffer to he opened detained returned or delayed any letter or packet which shall come into my hands power or custody by reason of'r.iy employ­ ment relating to the Post Office except by the consent of the person to whom such letter or packet which .shall come into my hands power or custody by reason of my employment relating to the Tost Office shall be directed or by an express'warrant in writing for that purpose under the hand of the Lieutenant Governor or other person administering the Government or except in cases where the person to whom such letter or packet shall be directed or who shall be chargeable with the payment of the postage and except such letters or packets as shall be returned for want of true directions or when the person to whom the same shall be directed cannot be found and I make this solemn declaration by virtue of the provisions of " The Postage Act, 1854." Declared before me th day of

B. 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 road the contents of any letter or packet which I may open under the provisions of " The Postage Act 1854" except so far as it may be necessary for the purpose of ascertaining the name and address of the writer and that I will not divulge to any person whatever except to the Postmaster General upon demand by him any of the contents of any such letter or packet which may have come to my knowledge in the course of opening and examining the samo for the purpose aforesaid. Declared before me th day of

By Authority: JOHN FBRBES, Government Printer, Melbourne.