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145.—(1.) If a telegraph line of the Postmaster-General is destroyed injured or injuriously affected by an electric authority or its agents such electric authority shall not only be liable to pay to the Postmaster-General such expenses if any as he may incur in making good the destruction injury or injurious affection but shall also if the telegraphic communication is carelessly or wilfully interrupted or injuriously affected be liable to a penalty not exceeding Twenty pounds for every day during which the interruption or injurious affection continues.

(2.) If the electric authority liable to pay such daily penalty to the Postmaster-General is not authorized to execute such works as may be required for remedying the interruption or injurious affection, the interruption or injurious affection shall be deemed to continue either for the time during which it actually continues or for such less time as in the opinion of the court having cognisance of the case would have been sufficient to enable the Postmaster-General to remedy the interruption or injurious affection.

(3.) The Postmaster-General may instead of taking proceedings. for the recovery of such daily penalty proceed for the recovery of a penalty not exceeding Fifty pounds.

146. If an electric authority or its agents obstructs the Postmaster-General or his agents in constructing maintaining altering examining repairing or removing a telegraph line, or in supervising or directing any alteration in a telegraph line made by an electric authority or its agents in pursuance of this Act such electric authority and its agents respectively shall for every act of obstruction be liable to a penalty not exceeding Ten Pounds, and if the obstruction continues to a penalty not exceeding Ten pounds for every day during which it continues.

to

147. (1.) When any electric lines or works are used for the generation use or supply of electricity in such a manner as injuriously affect any telegraph line of the Postmaster-General the Postmaster-General may by notice to be served upon the person owning or using or entitled to use such electric lines or works require that such supply be continued only in accordance with such conditions and restrictions for the protection of the telegraph lines of the Postmaster-General and the telegraphic communication through the same as he may by or in pursuance of such notice prescribe.

(2.) In default of compliance with such conditions and restrictions the Postmaster-General or Deputy Postmaster-General may require that the supply of electricity through such electric lines or works shall be forthwith discontinued until such default ceases.

(3.) Where such electric lines or works have been lawfully constructed prior to the erection of the telegraph line of the PostmasterGeneral injuriously affected thereby, the Postmaster-General shall pay to the person owning or using or entitled to use such electric lines or works the amount of any costs reasonably incurred or damages sustained by him by reason of compliance with such conditions and restrictions.

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Penalty for
unlawfully
constructing or
using works.

Qd. El. L. & P.
Act 1896 s. 50.

No action of
Postmaster-
General to

relieve electric
authority.

Provisions as to notices.

Qd. ib. s. 60.

Proceedings for penalties.

148.-(1.) Any electric authority constructing or using any electric line or works or generating using or supplying electricity contrary to the provisions of this Act or the regulations shall be liable to a penalty not exceeding Fifty pounds and a further penalty of Five pounds for each day such offence is continued after any conviction.

(2.) The electric authority so offending shall also be liable to pay in addition to any penalty all costs and expenses which may be incurred in taking proceedings against such electric authority and any costs or expenses that may be lawfully incurred in remedying the default of such electric authority.

149. Any action taken by the Postmaster-General or his agents for the protection of any telegraph line whether at the request of or by arrangement with any electric authority or otherwise shall not relieve such electric authority of any liability under this Act or the regulations or under any Act providing for the safety of persons or property.

150.-(1.) A notice under this Act or the regulations or any order may be in writing.

(2.) A notice appointment direction or document given issued or made for the purposes of this Act by the Postmaster-General or a Deputy Postmaster-General shall be sufficiently authenticated if it purports to be signed by the Postmaster-General or Deputy Postmaster-General or by any duly authorized officer and when so authenticated shall be deemed to be given issued or made by the Postmaster-General or Deputy Postmaster-General.

(3.) When a notice is given by an electric authority the notice shall be sufficiently authenticated if it purports to be signed by the chairman secretary or other principal officer of the electric authority.

(4.) A notice required to be given under this Act to the Postmaster-General or a Deputy Postmaster-General may be given by leaving it at or by forwarding it by post to the Department in a registered letter addressed to the Postmaster-General or Deputy Postmaster-General as the case may be or by delivering it or forwarding it by post in a registered letter addressed to the officer in charge of the telegraph office nearest to the place in which the work telegraph line or other matter referred to in the notice is situate or by forwarding it by post in a registered letter addressed to him at his office or usual place of residence.

(5.) A notice required to be given under this Act to an electric authority may be given by leaving it at or by forwarding it by post in a registered letter to its office or if there is more than one office to the principal office of the electric authority in a registered letter addressed to the electric authority or to its chairman secretary or other principal officer.

PART VIII.-LEGAL PROCEEDINGS.

151. Offences against this Act or the regulations not declared to be indictable offences are punishable upon summary conviction by a police, stipendiary, or special magistrate.

information-

laid in the

1891 s. 128.

152.-(1.) In any information or complaint for an offence com- Form of mitted or attempted to be committed with respect to the Department Property to be or the revenue of the Department or in upon or with respect to any Postmastermail or postal article sent or being carried by post or any property General. moneys money orders postal notes goods chattels or effects under the Qd. P. & T. Act management or control of the Postmaster-General or with respect to any act matter or thing which has been done or committed with any malicious injurious or fraudulent intent and in anywise relating to or concerning the Department or the revenue thereof or any such property moneys money orders goods chattels or effects as aforesaid under the management or control of the Postmaster-General it shall be sufficient to lay any such property in and to state or allege the same to belong to and to state or allege any such act matter or thing to have been done or committed with the intent to injure or defraud the PostmasterGeneral without mentioning his name.

(2.) In all informations or complaints relating to or in anywise concerning the Department it shall be sufficient to name and describe the Postmaster-General as "the Postmaster-General" without any further or other name addition or description whatsoever.

General or

Deputy Post

153. The Postmaster-General or a Deputy Postmaster-General Postmastermay depute any postal or telegraph officer to appear on his behalf either as prosecutor or defendant, and his authority in writing to that effect shall be good and sufficient in law.

154. Any difference which arises between the PostmasterGeneral and an electric authority or its agents with respect to any requirements of the Postmaster-General, or as to the cost of any alterations of telegraph lines, shall be determined by arbitration. 155. Whenever any matter under this Act is to be settled by arbitration it shall be referred to arbitration in accordance with the law of the State in which the dispute arises.

master-General may depute another officer

to appear on his behalf.

Differences to be arbitration.

settled by

Arbitration in accordance with

State law.

General may settle cases.

156. Where any person admits to the Postmaster-General that Postmasterhe has committed a breach of this Act other than an indictable offence the Postmaster-General may with the consent in writing of such person determine the matter and may order such person to pay such pecuniary penalty as he may think proper and upon payment of such penalty such person shall not be liable to be further proceeded against in respect of the same matter.

PART IX.-NOTICE AND LIMITATION OF ACTIONS.

action.

157.-(1.) Any action against the Postmaster-General or any Notice and officer or servant of the Department for anything done or omitted limitation of to be done in pursuance of this Act or the regulations shall be com- Qd. ib. s. 129. menced within six months after the act committed or omitted and not afterwards. And the action shall not be commenced until one month after notice thereof and of the cause thereof has been delivered to the defendant or left for him at his usual place of abode or business by the party intending to commence the action, and upon the back of the notice shall be indorsed the name and place of

Q

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abode or business of the plaintiff and his solicitor or agent if the notice is served by a solicitor or agent.

(2.) Contractors and their mailmen shall not be considered as officers or servants of the Department under this section.

158. An action or other proceeding shall not be maintainable against the King or the Postmaster-General or any officer of the Department by reason of any default delay error omission or loss whether negligent or otherwise in the transmission or delivery or otherwise in relation to

(a) a postal article posted or received or omitted to be posted or received under this Act; or

(b) a telegram sent or received or omitted to be sent or received under this Act.

159. An action or other proceeding shall not be maintainable against the King or the Postmaster-General or any officer of the Department by reason of the payment of the amount of a money order or postal note being refused or delayed or on account of any accidental neglect omission or mistake or for any other cause, and no action or other proceeding shall be maintainable in respect of a money order or postal note after payment thereof by whomsoever presented if it was paid without fraud or wilful misbehaviour on the part of the person sought to be made liable.

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Postage Act 1867.

An Act to abolish the imposition of postage rates on newspapers.

Postage Acts Amendment Act 1893.

An Act to establish and regulate Electric
Telegraphs.

Post Office Act 1890.

Post Office Act 1897.

The Post and Telegraph Act 1891.

An Act to regulate the construction and management of Electric Telegraphs.

The Post Office Act 1876.

The Telephone Act 1881.
The Postal Notes Act 1886.

The Parcels Post Act 1886.

Post Office Act 1891.

The Post and Telegraph Act 1893.
The Electric Telegraph Act 1857.
The Post Office Act 1881.

The Telephone Act 1882.

The Post Office Act Amendment Act 1885.
The Post Office Amendment Act 1888.
The Post Office Act Amendment Act 1891.
The Post Office Amendment Act 1895.

SECOND SCHEDULE.

FORM 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 be opened detained returned or delayed any postal article which shall come into my hands power or custody by reason of my employment relating to the Department except by the consent of the person or persons to whom such postal article shall be directed, or by an express warrant in writing for that purpose under the hand of the Postmaster-General or unless otherwise in pursnance and under the authority of any of the provisions in that behalf contained in any Act law or duly authorized regulation of the Department passed and made for or in relation to the postage and conveyance of postal articles. And I further declare that I will be true and faithful in the execution of the telegraph duties intrusted to me, and that I will hold strictly secret all telegraphic or other communications that may pass through my hands in the performance of my duties. I also further declare that I will not give any information directly or indirectly respecting any telegrams or despatches transmitted or intended to be transmitted by telegraph except to the persons to whom such telegrams or despatches may be addressed or to their recognised agents.

FORM B.

I, A.B., do solemnly declare that I will not intentionally read the contents or any part of the contents of any letter or packet which I may open in the discharge of my duty except so far as it may be necessary so to do for the purpose of ascertaining the name and address of the writer or sender of the same; and that I will not divulge to any person whomsoever 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 same for the purpose aforesaid.

FORM C.

Section 9.

Section 49.

Section 68.

[state the name

I, A. B., the master or person in charge of of the ship or vessel] arrived from [state the place] do as required by law solemnly declare that I have to the best of my knowledge and belief delivered or caused to be delivered to the person duly authorized to receive delivery thereof every mail and postal article that were on board the

[state the name

of the ship or vessel] except such letters as are exempt by law from postage.

FORM D.

Declaration of the Particulars Relating to a Missing Letter or Packet Containing a Valuable Enclosure Unregistered.

1. What is the exact address of the letter

Section 39.

1.

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the answers to the above questions are correct in every particular.

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do hereby declare that

in the State of

C.D., J.P.

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