Straits Settlements.

The acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. online

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Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 77 of 98)
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respective offices.

6. No person hereafter appointed shall be capable of holding the
office of Postmaster-General, Postmaster, Sub-Postmaster, or Poet
Office Agent, unless he shall have first made and subscribed before
a Justice of the Peace, the declaration contained in the Schedule A
hereunto annexed, and no person hereafter appointed shall be
capable of being a Clerk, Officer, or Servant of the Post Office,
uidess he shall have first made and subscribed in like manner, the
declaration contained in Schedule B hereunto annexed.

7. The Postmaster's of Penang and Malacca shall be the deputies
of the Postmaster-GeneraL



Officers exempt 8. No Officer of the Post Office shall be liable to serve on any
from serving j^jy qj. inquest, any Ordinance to the contrary thereof notwith-
standmg.

Powers and Duties.

* 9. — (1) Wheresoever posts or postal communications are now
or may be hereafter established by the Government of the Colony
the Postmaster-General by himself or by his deputies and servants
and agents shall have the exclusive privilege of conveying from
one place to another all letters except in the following cases
and shall also have the exclusive privilege of performing all the
incidental services of receiving collecting sending despatching
and delivering all letters except in the following cases (that is
to say) : —

(a) Letters not exceeding three in number sent by a private
friend on his way journey or travel so as such letters
be delivered by such friend to the person to whom
they shall be directed without hire reward or other
profit for receiving carrying or delivering the same ;
i. o.i: i ; W letters solely concerning, the affiurs of the render or
• . , . receiver thereof sent by a messenger on puj^nwe ;

(c) Letters solely concerning goods or other property sent
either by sea or land to be delivered with the goods
or property which such letters concern without hire

* Sections 9, io, find 11 'sabstitnted for original sections by Ordinance IV. of 19>9U
section 2.



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POST OFFICOE, [X. OF 1879.] 663

reward or other profit or advantage for receiving carrying
or delivering such letters ; provided that such letters are
open to inspection and have superscribed thereon
the words "Consignee's letter" or other words to the
same effect.

(2) Nothing herein contained shall authorise any person to
make a collection of such excepted letters for the purpose . of
sending them in the manner hereby authorised.

10. Wheresoever posts or postal communications are now or
may be hereafter estaUished by the Government of the Colony
the following persons are expressly forbidden to collect carry
tender or deliver any letter or to receive any letter for the purpose
of carrying or delivering the same although they shall not receive
hire or reward for so doing (that is to say) : —

(a) Common carriers of passengers or goods and their drivers

servants or agents except letters solely concerning goods
in their carriages or conveyances.

(b) Owners masters or chinchews of ships passing to or

from any port within the Colony from or to any pOTt
within or without the Colony or their servants or sigents
except letters solely concerning goods on board such
letters being open to inspection and having the words
*^ Consignee's letter" and other words to the same
effect superscribed thereon and except such pre-paid
correspondence as is referred to in section thirty.

(c) Passengers or other persons on board of such ships.

U. No letters unleas exempt by law shall be conveyed into
or out of the Colony from or to any place between which and the
Colony postd or postal communication are established or from
one Settlement to another or delivered or distributed in the
Colony otherwise than by or through the Post Office.

12. The Postmaster-General shall keep accounts of all corre- Receipt of
spondence received and despatched by him, with the particulars of po«**g« ^^
the postage thereof, in such manner and form as the Governor may, ^^^^^
from time to time, direct, but so that the accounts of monies pay-
able to the Imperial Postmaster-General be kept distinct from the
accounts of monies payable to the Colonial Treasury. The Post-
master-General shall keep the accounts of monies payable to the
Imperial Postmaster-General in such form, and shall transmit such
monies in such manner as the said Imperial Postmaster-General

may^ from time to time, direct.

13. The Postmaster-General or his deputies may, if necessary, Opening cor-
open, in presence of a "witness, and shall, if possible, return to the reepondence.
sender : —

1. Any correspondence upon which the pre-payment of postage
iscompulsorv, and which cannot be sent unpaid by any other route,
and upon which the proper postage has not been paid.

2. Any correspondence which is returned to the Post Office for
want of a proper address or from inability to find the person lo



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664



[X. OF 1879.]



POST OFFICE.



whom it is addressed, and which remains unclaimed for one month
after being advertised in the Gazette.

Unclaimed cor- 14. — 1. The Poetmaster-CJeneral may order all coirespondeno^

respondence. which caimot be delivered to the person addressed, or returned to

the sender, to be destroyed after it has remained unclaimed in the

Post OflSce for one year, or may return it to the Post Office of

origin.

2. All money found in any unclaimed correspondence shall be
paid into the Colonial Treasury, and all other valuable articles
found as above shall be sold by the Postmaster-Qeneral and the
proceeds of such sale shall be paid into the Colonial Treasury, after
deducting the necessary expenses incurred, for the benefic of aoj
person who may have a right thereto ; Provided that if no chum
be made and allowed to such money or proceeds of sale within
three years from the date of the payment into the Colonial Treasury
they shall be disposed of in such maimer as the Governor in Council
may direct.



Unclaimed
moDey and
TBloable
articles.



Postage may
be remitted on
packet not con^
taining letters
if sent by mis-
take.



Warrant for
opening or re-
turning corre-
spondence.



Other officer
ajppointed by
him.



Paid corre-
spondence to
be delivered
or transmitted
withont delay.



15. When any packet is delivered to the Post Office, and has
thereby become liable to postage, and evidence is adduced to the
satisfaction of the Postmaster-General, or his deputies, that such
packet has been delivered to the Post Office by mistake, the
Postmaster General or his deputies may cause such packet to he
opened in the presence of an Officer of the Post Office, and may
return the same without charge to the person interested, unless
such packet shall contain any letter or manuscript liable to postage,
in which case the Postma&ter-General or his deputies shall retain
the packet until he is paid the full rate of postage upon such letter
or manuscript.

16. After any correspondence has been delivered to the Post
Office, no person employed bj* or under the Post Office shall, except
in the cases mentioned above, open or return the same to any person,
or procure or suflTer the some to be opened or returned, unless he
is authorized by express warrant in writing under the hand of the
Governor, or other officer appointed by him.

The Governor or such other officer as aforesaid may at his
discretion grant such warrants for opening or returning any
specified correspondcDce.*

17. All correspondence which arrives in the Colony fully paid,
according to the rates in force for the time being, shall be delivered
or transmitted from the Post Office without delay, and all
correspondence which is delivered to the Post Office, except unpaid
correspondence in which pre-payment is compulsory, shall he
transmitted from the Post Office without delay.



Unpaid and kefused Cokrespondence.

Pottage on an- 18. The person to whom any correspondence, the postage of
paid letters. which has not been paid, shall be delivered, shall not be bound

* For Order under this section, see Government Gazette of May SI, 1880, p. 851. '



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,posT OFFics. JX. OF 1879.] 666

to pay the postage if he forthvrith return the same unopened,
but if he open the same, he shali be bound to pay the postage due
thereon. If he forthwith return the same unopened the sender of
the correspondence shall be bound to pay the postage thereof.
If any perscm shall refuse to pay any postage, which he is legally
bound to pay, for any correspondence, it shall be lawful for the
Postmaster-General, or any Officer in charge of a Poet Office, to
withhold from the person so refusing until such postage be paid,
any correspondence addressed to that person not being on Her
Majesty's Service, and such postage may be recovered by the
Postmaster-General or any Officer in charge of a Post Office by his
order in the manner prescribed by law for the recovery of lines
before Magistrates.

Bates, Regulations, and Stamps.

19, The Governor in Council may, from time to time, by order Oovemor in
under his hand, determine the rates of postfiige to be charged upon Council may
all correspondence sent by Post from the General or other Poet ™2c^ ^*
Offices of the Colony, or received therein from places outside the
Colony, or from any of the Settlements ; and the scale of weights,
according to which such rates are to be charged, and may revoke,

alter, or add to any such order, so however, that no such order be
inconsistent with any instructions on the subject transmitted from
the Secretary of State or the Imperial Postmaster-General.

20. Every such order shall be published in the Gazette, and Order to be
when so published sLaJl have the same effect as if inserted in this publUhed in
Ordinani^ ^^"^^

21. The (Jovemor in Council may, subject to such instructions Governor in
as above, from time to time make alter and repeal in relation to Council may
correspondence* sent by post such regulations for times and modes ™oni! '*^*^'

• of posting and delivering, pre-payment, late fees, fines on unpaid
eorrespoiKleBcei the franking, of. official correspondence, f the. regis-
tration of correspondence, money orders,t parcel posts, the ^e
and affixing of postage stamps, the dimensions, weights and contents
of packets, and other such similar regulations as may bo necessary
for the better execution of this Ordinance. All such regulations Begulations to
as affect the public shall be published in the Gazette, and ^all have 5? P«^li«hed in
no effect until so published.

22, The Governor may, from time to time, provide proper Postage
postage stamps, and proper dies, and other implements for denoting »twp8, dies,
by aohesive stamps, or otherwise, the rates of postage payable

^ under this Ordinance, or any regulation thereunder.

* Private Post Cards, see Government Gazette of January 31, 1896, p. 85, and
December 4, 1896, p. 2436.
t For Order in Ck>unei], see Crovemment Gazette of June S, 1882, p. 588.
i- See Government Gaiette of November 87, 1896, p. 2860



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em



[X. OF 1879.]



POST OFPICK.



Seamen's and

Soldiers'

letters.



Sailors and Soldiebs.

23. All letters received or sent by Sailors and Soldiers of Her
l^Iajesty's Sea or Limd Forces, shall be charged with such reduced
rates o£ postage as is allowed to them by any Act of the Imperial
Parliament.



Delivery of
mails.



Gratuities to
vessels in-
wards.



GratxdtieB to
vessels out-
wards*



Despatch and Receipt of Mails.

24. Every master of a vessel shall immediately on arrival and
without any delay, deliver to the Post Office, or to such Officer of
the Post Office as may be authorized to receive the same, all letter
bags and correspondence on board, except sach as are exempt by
law, and shall make the declaration contained in Schedule C
annexed hereunto before an Officer of the Post Office.

25. The Postmaster-General shall pay to every master of a
vessel, not being a contract vessel, a gratuity of two cents for
every letter from places beyond the Colony, and one cent for every
letter brought from one Settlement to another, and for every other
article of correspondence delivered by him to the Post Office.
Provided always that no gratuity shall be payable,—

1. For a second transmission of any correspondence.

2. On correspondence delivered to any Post OlHce to be then
transmitted by contract vessel.

3. On correspondence the gratuity on which is certified by the
despatching officer to have been made.

4. On official correspondence.

5. Unless application be made for payment within six months
of the delivery of such correspondence to the Post Office.

• 6. If there has been unreasonable delay on the part of the
master in delivering his mails to the post office.

26. The Postmaster-General may, if he thinks fit, pay like
gratuities to any master of a vessel leaving the Cojony on every
article of correspondence delivered to him from the Post Office,t - •



Governor in
Council may
fix rates of
grataitie8.||



Persons pro-
posing to de-
spatch vessels
to nve notice
to Postmaster-
General.



27. The power of the Governor in Council as defined by
Section 19 of this Ordinance, shall apply to the rates of gratuities
to be paid to masters of vessels for the delivery of correspondence
generally or in particular cases. Provided always that the gratuities
80 fixed shall not be less than the sums otherwise requir^ by this
Ordinance to be paid.

t 28. Every owner or agent of a ship proposing to despatch
such ship from any port of the Colony to any other port within
or without the Colony shall give reasonable notice in writing lo
the Officer in charge of the Post Office of the Settlement of the



• Sab-section 6 of section 25 was added by Ordinance lY. of 1891, section 8.

t As amended by Ordinance IV. of 1891, section 4.

X Section 28 substituted for original section by Ordinance IV. of 1891, sedien 6.



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•POST OFFICE. £X. OF 1879.] 66t

day and hour of the intended departure of sueh ship and also of
the port or ports at which such vessel is to call and shall give
immediate notice in writing to such Officer of any alteration in the
day or hour of such departure in order that such Officer may notify
to the public the day and hour for closing the mails (if any) to be
made up for such ship.

29* The Postmaster-General or Postmaster or any officer of the Making up
Post Office duly authorized may attend on board any vessel after ™**^8 on board,
the time of dosing the mail by such vessel, and receive all fully
poe-paid qorrespondenoe which is brought on board up to the time
of departure to be transmitted by such vesseL The master of
every such vessel shall give all proper facilities to such officer of the
Post Office to enable him to discharge his duties, and to leave the
vessel on her departure.

30. If there be no officer of the Post Office on board such vessel Master may
the master may receive all such correspondence pre-paid by stamps, J^i^* pre-
and shall deliver the same at the Post Office at the port of his ™n^nce.
destination.

MrSCELLANEOUS.

31. Every person posting correspondence shall be entitled to Begiatered
require that it shall be registered at the Receiving Post Office, letters,
and a receipt shall be granted by the Officer of such Post Office

for such registered correspondence on payment of the authorized
rate.

32. No person shall knowingly post, send, tender, or deliver, No dangerous
in order to be sent, any correspondence containing any explosive substance to be
or other dangerous material or substance, or any glass, or a dass *®°* ^^ ^^^
bottle, or any article likely to cause injury to the contents of the

mail.

33. No Officer of the Post Office shall forward or cause to be Officer may
forwarded any correspondence of the nature referred to in the detain letter
foregoing section, and should any such correspcmdence have been ^bsum^^
received into any Post Office, the Postmaster-General or any
other Officer of the Post Office where it has been received is

hereby empowered to detain it, and to otherwise deal with it in
such mamier as he shall deem expedient.

34. The Qovemment shall not be responsible for any loss or Government
damage which may occur in respect of any thing entrusted to the ^^^ responsible
Post Office for conveyance, and no Officer of the Post Office shall ^^^ ^^*^ . .
be responsible for any such loss or damage unless that person shall
]i;nowingly cause such loss or damage, negligently, nwdiciously or
fraudulently.

Offences and Penalties.

35. Every master of a vessel, which is not a contract vessel, who Penalties on
commits Any of the following oflfenc^, sh^ on conviction before ™«»^ of



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668



[X. OF 1879.J



POST OFFICE^



Breach of
Section 28.



Breach of
Section 82.



Forging
Stamps.



Ut

forged Stamps.



Coonterfeiting
dies.



Openi|ig cor-
respondence.



a Magistrate be liable to a penalty not exceeding five hondred
dollcurs, that is to say —

1. Eefiisal to take a letter bag delivered or tendered to him by
an OflScer of the Poet OflBce for conveyance.

2. Refusal to sign a receipt for a letter bag delivered to him by
an OflScer of the Post OflSce.

3. Neglect without reasonable excuse to deliver all correspon-
dence to the Post OflSce or OflScer of the Post Office on his arrival
in the Colony.

4. Eefusal or wilful neglect to make, or making any nniane
statement in the declaration hereby required of his having delivered
his letter bags and correspondence to the Post Office or Officer of
the Post Office.

5. Refusal or wilful neglect, if in quarantine, to deliver all
correspondence in his possession to the person appointed to
receive it.

6. Refusal or wilful neglect of the duty imposed upon him by
Section 29.

36. Every person who withoiU reasonoMe eoncuse {the proof
whereof shall lie on him) neglects or refuses to comply with* the
provisions of Section 28 of this Ordinance shall be liable on
conviction before a Magistrate to a penalty not exceeding two
hundred and fifty dollars.

37. Every person infringing the provisions of Section 32 of
this Ordinance shall on conviction before a Magistrate be liable to
a penalty not exceeding five hundred dollars.

38* Every person who forges, alters, or imitates, or assists in
forging, altering, or imitating any postage stamp issued under
this Ordinance, and

Every person who uses, oflTers, utters, disposes of or puts off any
forged, altered, or imitated postage stamp as aforesaid, knowing
the same to be forged, altered, or imitated, and

Every person who makes or counterfeits any die or other imple-
ment for denoting the rates of postage payable under this Ordinance,
intending that the same shall be used for forging any posta^
stamp issued under this Ordinance, or with such intent has in m
possession any such die or other implement knowing the same to
be counterfeit, shall be guilty of an oflfcnce, and shall be punishable
by imprisonment of either description as defined by the Penal Code,
which may extend to seven yeara

Every person employed by or under the Poet Office who, witii-
out lawful excuse or authority opens or suffers or procures to be
opened any correspondence, or who without lawful authority or
excuse detains or delays or suffers to be detained or delayed any
correspondence, or who wilfully delivers any correspondence to
any person other than the person to whom the same ou^t to be
delivered, and



* As amended in italics bj Ordinance IV. of 1891, section 6»



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POST OFFICE. [X. OF 1879.] 669

Every person who fraudulently obtains from any person Fraudulently
employed by or under the Post OflSce, or fraudulently detains or obtaining cor-
wilfully secretes, keeps or detains any letter bags or any corre- '^^Po'^^^"^^^-
spondence which ought to have been delivered to any other person,
and

Every person who fraudulently removes any postage stamp Removing
from any correspondence, or any mark that has been made thereon stamps, Ac.
at the Post Office, or knowingly uses or ])uts on for the purpose
of fraud any postage stamp from which any such mark has
been removed, shall be guilty of an offence, and shall be liable to
fine not exceeding one thousand dollars or to imprisonment of either
description as defined by the Penal Code, which may extend to
seven years.

39. Every person violating any provision of this Ordinance, other
or of any rule or regulation made in pursuance thereof, shall be penalties,
guilty of an offence, and, except where otherwise provided by this
Ordinance, shall be liable on conviction before a Magistrate to a

fine not exceeding five hundred dollars, or to imprisonment either
simple or rigorous not exceeding six months.

40. In any proceedings against any person for any offence Allegation to
committed against this Ordinance in respect of any letter bag or ^ ^^^ '^ ^^^'
correspondence, it shall be sufficient to allege such letter bag or oflfencw! '^^
correspondence to be the property of the Postmaster-General

without mentioning his name, and in any such proceedings
against any person employed by or under the Post Office, it shall
be sufficient to allege that such person was em[)loyed by order
of the Post Office without stating further the nature or particulars
of his employment,

*40a. a share not exceeding one moiety of every fine imposed Share of fine
and levied under this Ordinance may be awarded to the Postmaster- to tbe informer.
Genei*al on 'his request for • the purpose 'of • being paid to the
informer.

Interpretation.

41. In this Oidinance and in any Order of Council or regula-
tions made thereunder, unless the context indicate the contrary,
the following expressions shall have the meanings set against them
respectively ; that is to say : —

** Postmaster-General " shall mean the Postmaster-General of the Postmaster-

Colony. Gencrul.

"Correspondence" shall includef any letter, newspaper, book, Corre- •
pamphlet, document, parcel or package, or other article whatsoever spondence.
transmitted by post, whether in a closed mail or having been placed
loose on board any contract or other vessel for transmission ; and a
letter or other article shall be deemed to [be] correspondence from
the time of its arrival within the limit of the Colony if brought to



* This section was added by Ordinance IV. of 1891, section 8.
t As amended in italics by Ordinance IV. of 1891, section 7*



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670



[X. OF 1879.]



POST OFFfOE.



Postage
Stamp.

Letter Bag.



Post Office;



Officer of the
Post Office.



Person.



CoDtract
Vessel.

Master of
Vessel.

Vessel*



the Colony by post or from the time of its delivery to the Post
Office if not so brought, and in either case shall continue to be
deemed correspondence to the time of its delivery from the Poet
Office, and delivery to or by any person authorized to receive or
deliver letter bags or correspondence on behalf of the Postmaster-
General shall be a delivery to or from the Post Office.

" Postage Stamp " shall mean any label or stamp for denoting
any rate of postage.

"Letter Bag" shall mean any bag, box, or packet or parcel or
other envelope or covering used for conveying correspondence
whether it does or does not contain correspondence.

" Post Office " shall mean any house, building, room, or place
where correspondence is received, delivered, sorted, made up, or
despatched by authority of Government.

"Officer of the Post Office" shall mean the Postmaster-General,
and every Postmaster, Assistant Postmaster, Agent, Officer, Clerk,
Letter-bearer, and any other person employed in any business of
the Post Office whether employed by the Postmaster-General or by
any person under him or on behalf of the Post Office.

" Person " shall include any firm, company, or association, or
body of persons whether incorporated or not.

" Contract Vessel " shall mean any vessel for the conveyance of
letter bags and correspondence under contract.

" Master of Vessel " shall mean any person in charge of a vessel,
excepting a Pilot.

"Vessel" shall mean any ship or other vessel not being a
contract vessel.



Short Tifle. • 43. This Ordinance may be cited as '* The Post Office Ordi-
nance, 1879,"t



SCHEDULE A.

I do solemnlj and sincerely declare that I will not, willingly or knowingly,
open, detain, return, delay, or misdeliyer, or cause or exiffer to be opened,



Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 77 of 98)