Opened newspapers how dealt with. N.S. W. P. Act 1867 s. 34. Sender of opened letters &c. to pay postage. or converted into money in such manner as the Postmaster-General or Deputy Postmaster-General directs, and the proceeds thereof shall be paid into the consolidated revenue fund. And if the contents aforesaid are money, or a security, or order for money payable to bearer, the same shall form part of the consolidated revenue. 52. Every unclaimed or undelivered newspaper opened under the provisions of this Act may be forthwith sold destroyed or used for any public purpose unless before such sale destruction or use thereof the same is claimed and the postage (if any) due thereon is paid by the person to whom the same is addressed. But if any such newspaper has been posted or contains any enclosure in fraud or violation of this Act or of any Act relating to the Customs or of any regulation or order made under the authority of this Act or with intent to evade payment of the postage properly chargeable thereon the said newspaper shall be sold destroyed or used as aforesaid; and anything which is enclosed in or with or which accompanies such newspaper or the cover thereof shall be forfeited. And if such enclosure or accompaniment is not money or a security or order for money payable to bearer the same may be destroyed sold or converted into money in such manner as the Postmaster-General may direct and the proceeds thereof shall be paid into the consolidated revenue fund. And if such enclosure or accompaniment is money, or a security, or order for money payable to bearer, the same shall form part of the consolidated revenue. 53. The sender of any postal article which is opened under the provisions of this Act shall on demand pay the postage and fees (if N.S.W. ib. s. 35. any) remaining due thereon, and in case of refusal so to do shall be liable to a penalty not exceeding Forty shillings. No letters &c. to be returned cases. N.S. W. ib. s. 26. 54. Except in the cases in this Act expressly mentioned no letter except in certain packet or newspaper shall be destroyed or returned to the writer or sender thereof without either the consent in writing of the person to whom the same is addressed or the direction in writing of the Postmaster-General and no letter packet or newspaper shall be delivered to any person not named in the address thereof without such consent or direction. Letters of insolvents to be delivered to 55. Whenever any person becomes or is adjudged bankrupt or insolvent by any court of competent jurisdiction within the Commonofficial assignee. Wealth the Postmaster-General if so directed by the order of the court shall until a date to be specified in such order cause any postal article addressed to such bankrupt or insolvent to be delivered to the official receiver or other person named in such order. S.A. P. O. Act 1876 s. 40. Letters &c. for deceased persons how to be disposed of. S.A. ib. s. 41. 56. Postal articles addressed to deceased persons may be delivered to the executors or administrators of such deceased person on production of the probate or letters of administration; but until such production the Postmaster-General or a Deputy Postmaster-General may cause such postal articles to be delivered as may be prescribed. 57. (1.) If the Postmaster-General has reasonable ground to suppose any person to be engaged either in the Commonwealth or elsewhere in receiving money or any valuable thing— 1891 s. 49. (a) as consideration (1) for an assurance or agreement express Qd. P. & T. Act or implied to pay or give or (2) for securing that some other person shall pay or give any money or valuable thing on an event or contingency of or relating to any horserace or other race or any fight game sport or exercise; or (b) for promoting or carrying out a scheme connected with any (c) as contributions or subscriptions towards any lottery or (d) under pretence of foretelling future events; or (e) in connexion with a fraudulent obscene indecent or immoral business or undertaking; he may by order under his hand published in the Gazette direct that any postal article received at a post office addressed to such person either by his own or fictitious or assumed name or to any agent or representative of his or to an address without a name shall not be registered or transmitted or delivered to such person. (2.) The order shall specify such name or address and shall upon publication be of full force and effect until cancelled by the Postmaster-General. 58. (1.) Any postal article addressed to the person named in such order by such name or to such address if received at a post office shall not be delivered to such person or at such address but shall be forthwith sent to the General Post Office, and shall if it was originally posted in the Commonwealth be opened and immediately returned to the sender, and if it was not originally posted in the Commonwealth shall be returned unopened to the proper authorities of the colony possession or country where it was originally posted. (2.) Money orders shall not be issued in favour of or paid to any person with respect to whom any such order is made. 59. Any postmaster may refuse to receive or to transmit by post any postal article exceeding the weight or dimensions prescribed or of inconvenient form or containing or reasonably suspected to contain any article likely to injure any person or the contents of the mail bags. 60.-(1.) The transmission of a postal article addressed to a person in the Commonwealth to the post office of the post town to which it is directed or if not so directed then to the post office of the post town nearest to the address named shall be sufficient transmission under this Act. (2.) When delivery by letter carriers is provided delivery according to the address or at the last known place of residence of the person named in the address shall be sufficient delivery to such person unless he by written notice to the postmaster of the office to which such article is addressed has prohibited such delivery. Letters &c. in such cases how dealt with. Qd. ib. s. 50. Heavy letters packets and be refused. Am. Act. 1893 newspapers may N.S. W. P. O. s. 9. Delivery at post town or at known sufficient. named or last residence Qd. P. & T. Act 1891 s. 52. Despatch and delivery of packets &e. may be delayed. Qd. P. & T. Act 1591 s. 53. Qd. ib. s. 54. Who deemed to be the sender of a postal article. Post office stamp evidence of refusal of letter &c. Post office stamp evidence of liability to postage. Mail in charge of postmaster &c. post. 61. When the despatch or delivery of letters from a post office would be delayed by the despatch or delivery at the same time of postcards books packets newspapers or parcels the latter or any of them may subject to the regulations be detained in the post office until a later despatch or delivery. 62. In any action or other proceeding for the recovery of any postage or fee payable by authority of this Act in respect of a postal article (a) The person from whom the postal article purports to have (c) The post office stamp or mark thereon denoting the postage 63. In any action or other proceeding every mail or postal article to be by in charge of or being carried by a postmaster postman mailman maildriver officer or servant of the Department or other person employed by or under the Postmaster-General shall until the contrary is proved be deemed to be in course of being sent by post. Qd. ib. s. 55. Power to destroy books documents telegrams, &c. Vict. P. O. Act 1890 s. 44. Appropriation of fees &c. Qd. P. & T. Act 1891 s. 132. 64. (1.) The Postmaster-General may order the destruction in such manner as he thinks fit of any telegrams books of record telegraph tape letter-bills registered letter receipts money orders postal notes returns requisitions orders for delivery of letters or letters to the Department or any other document or the butts thereof: Provided that such telegrams have not been written within the period of two years prior to the date of any such order and that such books and other documents have not been printed written or prepared within the period of one year prior to the date of any such order, and the King or the Postmaster-General or any officer of the post office shall not be accountable in any manner to any person for any telegrams books or documents so destroyed and no claim for damages shall arise to any person by reason of any such destruction. (2.) In this section "document" shall be deemed to include. documents relating to the parcels post. 65. All moneys collected on account of the sale of postage stamps commission charges fees penalties and other dues levied collected or received under this Act or the regulations shall be paid to the Treasurer of the Commonwealth and placed to the credit of the Consolidated Revenue Fund: Provided that fines inflicted upon officers of the Department under section ninety-five may be disposed of in such manner as the Governor-General shall direct. PART II.-CONVEYANCE OF MAILS BY SHIPS. lockers to be provided. 1867 8 44. conveying mails N.S. W. P. O. Act 66. In all vessels by which mails are conveyed under any contract In all vessels entered into by the Postmaster-General under this Act, there shall be provided a suitable locker or other secure place in which such mails and all postal articles shall be locked up and carried apart from all other articles and things. And if such locker or place is not so provided or if such mails or any postal article are carried in any such vessel during the whole or any part of the voyage otherwise than in such locker or place the master of such vessel shall be liable to a penalty not exceeding Fifty pounds. 67.—(1.) All mails and every loose postal article on board a vessel at the time of her arrival within a port within the Commonwealth directed to a person in the Commonwealth, except letters concerning goods on board the vessel and to be delivered with the goods or sent by way of introduction only or concerning the bearer's private affairs shall be forthwith delivered at the wharf nearest to the post office by the master to the postmaster or a port officer or Customs officer of the port, or to any person duly authorized by writing under the hand of a Postmaster. Delivery of ship mails on arrival of ship. Qd. P. & T. (2.) Any master who (except as aforesaid) knowingly or negligently Penalty. detains keeps in his possession or neglects or refuses to deliver a mail or postal article after demand made as aforesaid shall be liable to a penalty not exceeding Fifty pounds. 68. The master of a vessel arriving at any port within the Commonwealth shall as soon as practicable after such arrival sign in the presence of the postmaster or other officer appointed to receive the same at such port or the town or place nearest thereto a declaration in the form set forth in Form C in the Second Schedule to this Act and thereupon such postmaster or officer shall grant a certificate under his hand of the making thereof and until such certificate has been delivered to the proper officer of Customs at such port he shall not permit such vessel to report. And any master who fails or refuses to make such declaration or who makes a false declaration, shall be liable to a penalty not exceeding Fifty pounds. Provided that a postmaster may in cases of vessels which are known or reasonably believed to have no mails on board authorize the proper officer of the Customs to permit any such vessels arriving at any port in the Commonwealth to report without requiring the declaration to be signed and the certificate to be delivered. 69.-(1.) The master of a vessel about to depart from a port within the Commonwealth to a port or place within or beyond the Commonwealth may be required by an officer of the Department or by a port officer or Customs officer or other person duly authorized by a postmaster to receive or take delivery at an approved wharf of any mail and he shall in such case give a receipt for such mail to the person tendering or delivering the same and shall carefully deposit the mail in some secure and dry place on board the vessel and convey the same upon her then intended voyage. Declaration by inward-bound vessels. masters of N.S. W. P. Act. 1867 s. 46, P. A. Am. Act. 1893 Second s. 14. Schedule (C). Mails to be taken outward bound in vessels and coastwise. W. A. P. & T. Act 1893 s. 47. Penalty. Payments to N.S. W. P. A. Am. Act 1893 s. 13. (2.) Any person in any respect offending against the provisions of this section shall be liable for every such offence to a penalty not exceeding Fifty pounds. 70.-(1.) The master of a vessel about to depart from any port master of vessel. within the Commonwealth to any other port or place who receives on board thereof any mail for the purpose of conveying the same according to the direction thereof shall be entitled immediately to demand and receive from the person tendering or delivering the same for the Qd. P. & T. Act carriage thereof payment at such rates as may be prescribed. But nothing herein contained shall entitle the master of any vessel under contract for the carriage of mails to receive any such payment. W. A. P. & T. Act 1893 s. 48. 1891 s. 62. Notice of departure of vessels. N.S. W. P. Act 1867 s. 50, P. A. Am. Act 1893 s. 14. And of postponed departure. Duty of master where ships not sailing pursuant to notice. Qd. P. & T. Act 1891 s. 64. (2.) When mails are brought from one port to another and transhipped or forwarded by a second vessel belonging to the same owner payment shall not be made on account of the second conveyance. (3.) Payment shall not be made to the master of a ship arriving from any port or place for the conveyance of mails. 71. (1.) The master of a vessel not carrying mails under a contract for the carriage thereof and being about to depart from any port within the Commonwealth to any port or place beyond the Commonwealth shall before the clearance outwards of such vessel give to the postmaster or officer in charge of the post-office at the port from which such vessel is about to depart not less than twentyfour hours' notice in writing of the intended time of departure of such vessel, and every master of a vessel not carrying mails under a contract which is about to depart from a port within the Commonwealth to another port or place therein shall before the clearance of the vessel give to the postmaster at the port from which the vessel is about to depart not less than six hours' notice in writing of her intended hour of departure. Provided that a shorter notice may be prescribed in any case or special class of cases, and every such notice shall commence and expire between the hours of nine o'clock in the forenoon and five o'clock in the afternoon. (2.) Such master shall also give notice to such postmaster or officer of any postponement of such time of departure exceeding one hour, and in default thereof shall be liable to a penalty not exceeding Fifty pounds. And such postmaster or other officer of the post-office shall upon receiving such notice grant a certificate of the receipt of such notice to such master, and until such certificate has been given the vessel shall not be cleared. 72. When the master of a vessel has received a mail on board for carriage and the vessel does not depart on her voyage according to the time fixed for departure or within one hour thereof the master shall forthwith give notice to the postmaster of the delay and shall on demand return the mails and the gratuity or payment which has been paid for carriage to the postmaster or to some port officer or Customs officer of the port or some other person duly authorized in that behalf in writing under the hand of a postmaster. |