42 G.3. c.81.

§ 5.

CAP. XCII.

An Act to amend Three Acts, made in the Thirty fifth, Forty first and Forty second Years of His present Majesty, relating to the Conveyance of Letters and Packets by the [16th July 1806.]

•

'

Post.

WHEREAS by an Act made in the Forty second Year of

the Reign of His present Majesty, intituled An Act for amending so much of an Act passed in the Seventh Year of the Reign of His present Majesty, as relates to the secreting, embezzling or destroying any Letter or Packets sent by the Post, and for the better Protection of such Letters and Packets; and 'for more effectually preventing Letters and Packets being sent "otherwise than by the Post; it was among other Things enacted, that from and after the passing of the said Act, no Person or • Persons whatsoever should send, or cause to be sent or conveyed, or tender or deliver, in order to be sent or conveyed otherwise than by the Post, or by and with the Authority and Consent of 'the Postmaster General for the time being, or his Deputy or Deputies, or to the nearest or most convenient Post Town, to be 'from thence forwarded by the Post, any Letter or Letters, Packet or Packets of Letters, on pain of forfeiting for every such Offence against the Tenor of the said Act the Sum of Five Pounds, to be ' recovered and applied as in the said Act is directed: And ‹ Whereas no Provision is made by the said Act for recovering • the Penalties thereby inflicted in the Case of Offences committed ' in that Part of Great Britain called Scotland, whereby Offenders ' against the said Acts have avoided the Penalties thereby intended to be inflicted:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament Penalties under assembled, and by the Authority of the same, That from and after recited Act, in the passing of this Act, all and every the pecuniary Penalties in case of Offences the said recited Act mentioned and thereby imposed, shall and in Scotland, may, in the Case of any Offence against the aforesaid Act, which shall be committed in that Part of Great Britain called Scotland, be sued for and recovered in His Majesty's Court of Sessions, Court of Justiciary, or Court of Exchequer in Scotland, by Action of Debt, Bill, Plaint or Information, wherein no Essoign, Protection, Privilege, Wager of Law, or more than One Imparlance shall be allowed, with full Costs of Suit, by any Person who shall and will inform and sue for the same; One Moiety thereof to the Use of His Majesty, His Heirs and Successors, and the other Moiety thereof to the Use of the Person who shall so inform and sue for the same.

may be sued for in the Court of Session, &c.

41 G. 3.(U.K.) c.7. § 5.

II. And Whereas by an Act, made in the Forty first Year of the Reign of His present Majesty, intituled An Act for repealing • the Rates and Duties of Postage in Great Britain, and granting • other Rates and Duties in lieu thereof, and on Letters conveyed to or from any Part of the United Kingdom from or to any Place out of the said Kingdom, and by Packet Boats from or to the • Ports of Holyhead and Milford Haven; it was amongst other Things enacted, that from and after the passing of the said Act, it should be lawful to and for His Majesty's Post Master General

19

• to

6

as

General may

'to undertake, at the Expence of the Revenue of the Post Office, 'the Conveyance and Delivery of Letters directed to Persons abiding in Towns, Villages and Places (not being Post Towns), 'from the respective Post Towns to which such Letters should be 'carried by the Post in the usual Manner; and also the Collection and Conveyance of Letters in and from Towns, Villages and Places, in order to be sent by the Post, and to take such Sum and Sums of Money for the Use of His Majesty, His Heirs and Successors, for such respective extra Services to be performed, should and might be mutually agreed upon by and between the Postmaster General and the Inhabitants respectively: And 'Whereas it may be expedient to give Permission to the Post 'Master General to collect, convey and deliver Letters in and ' from Towns, Villages and Places, although such Letters may not have been previously sent by the Post, or may not be intended to be forwarded by the Post:' Be it therefore enacted, That Postmaster from and after the passing of this Act, it shall and may be lawful to and for His Majesty's Post Master General, in his Discretion, to undertake, at the Expence of the said Revenue, the Conveyance and Delivery of Letters directed to Persons abiding in Towns, Villages and Places (not being Post Towns), from any other Towns, Villages and Places, (not being Post Towns); and also the Collection and Conveyance of Letters in and from any Towns, him and Villages and Places (not being Post Towns), to any other Towns, Villages and Places (not being Post Towns); and to take such Sum and Sums of Money for the Use of His Majesty, His Heirs and Successors, for such respective extra Services to be performed, as shall and may from time to time be mutually agreed upon by and between the Post Master General and the Inhabitants respectively. III. Provided always nevertheless, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to hinder or prevent the Inhabitants of any such Towns, Villages and Places respectively from carrying or recarrying or employing any Messenger, Servant or other Person, to carry or recarry any Letters or Packets to or from such Towns, Villages and Places respectively; any thing herein contained to the contrary thereof notwithstanding.

IV. And be it further enacted, That the Monies to arise and be received for such extra Services as aforesaid shall, after paying the Expences incurred, be applied in such Manner as the present Rates of Postage are by Law applicable. "35 G. 3. c. 53. §7, 8. (respecting Letters sent by the Post from or to Noncommissioned Officers, Seamen or Privates in Navy or Army at a low Rate of Postage,) recited and repealed. § 5. VI. And be it further enacted, That from and after the First Day of August One thousand eight hundred and six, it shall be lawful to and for each and every Seaman employed in His Majesty's Navy within any Part of His Majesty's Dominions, whilst such Seaman shall be actually employed in His Majesty's Service, and not otherwise, to send Single Letters by the Post on his own private Concern only, at the Rate of One Penny only for each such Letter, the same to be paid upon putting the same into the Post Office of the Town or Place from whence such Letter is in

tended

undertake Deves to and Delivery of from Places not Letters to Post Towns, as agreed between

Inhabitants;

Such Inhabitants not prevented from employing Messengers to carry Letters.

Produce of
Rates applied

as present
Rates.

Seamen in the Royal Navy may send single Post on paying Letters by the One Penny for each, under the Regulations herein men

tioned.

1

Seamen may

receive Single Letters, free from Postage, One Penny having been paid when put

into the Post Office; under Regulations herein

mentioned.

tended to be sent by the Post: Provided nevertheless, that upon every such Letter so to be sent, the Name of the Writer, and his Class or Description in the Ship or Vessel to which he shall belong, shall be superscribed; and provided also, that upon every such Letter there shall be written, in the Hand Writing of and signed by the Officer having at the Time the Command of the Ship or Vessel, his Name and the Name of the Ship or Vessel commanded by him.

VII. And be it further enacted, That from and after the said First Day of August One thousand eight hundred and six, it shall and may be lawful to and for each and every Seaman employed in His Majesty's Navy, within any Part of His Majesty's Dominions, whilst such Seaman shall be actually employed in His Majesty's Service and not otherwise, to receive by the Post on his own Private Concerns only, free from Postage, Single Letters; provided that the Sum of One Penny for the Postage of each Single Letter shall be paid upon putting the same into a Post Office established under the Authority of His Majesty's Post Master General; and provided also, that every such Letter shall be directed to such Seaman, specifying on the Superscription thereof the Ship or Vessel to which he shall belong; and provided likewise, that it shall not be lawful for the Deputy Postmaster of the Town or Place to which such Letter shall be sent to be delivered, to deliver such Letter to any Person except the Seaman to which such Letter shall be directed, or to some Person appointed to receive the same, by Writing, under the Hand of the Officer having the Command of the Ship or Vessel to which such Seaman shall Not to extend belong: Provided nevertheless, that nothing herein contained shall extend, or be construed to extend, to Letters sent by or to Commissioned Officers or Warrant Officers, Midshipmen or Masters Mates.

to Officers.

Serjeants, &c. and Privates of the Army, &c.

may send Letters in like Manner, on paying One Penny for each,

&c.

Proviso.

Proviso.

Andmayreceive
Letters free

VIII. And be it further enacted, That from and after the said First Day of August One thousand eight hundred and six, it shall and may be lawful to and for each and every Serjeant, Corporal, Drummer, Trumpeter, Fifer and Private Soldier in His Majesty's Regular Forces, Militia, Fencible Regiments, Artillery or Royal Marines, within any Part of His Majesty's Dominions whilst such Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier respectively shall be actually employed in His Majesty's Service, and not otherwise, to send Single Letters by the Post, on his and their own private Concerns only, at the Rate of One Penny only for each such Letter, the same to be paid when putting the same into the Post Office in the Town or Place from whence such Letter is intended to be sent by the Post: Provided nevertheless, that upon every such Letter so to be sent, the Name of the Writer and his Class or Description in the Regiment, Corps or Detachment to which he shall belong shall be subscribed; and provided also, that upon every such Letter there shall be written in the Hand Writing of, and signed by the Officer having at the Time the Command of the Regiment, Corps or Detachment his Name, and the Name of the Regiment, Corps or Detachment commanded by him.

IX. And be it further enacted, That from and after the said First Day of August One thousand eight hundred and six, it shall from Postage, and may be lawful to and for each and every Serjeant, Corporal, Trumpeter,

Office, &c.

Trumpeter, Drummer, Fifer and Private Soldier in His Majesty's One Penny Regular Forces, Militia, Fencible Regiments, Artillery or Marines, having been within any Part of His Majesty's Dominions, whilst such Serjeant, paid when put Corporal, Trumpeter, Drummer, Fifer and Private Soldier shall be into the Post actually employed in His Majesty's Service, and not otherwise, to receive by the Post, on his or their own private Concerns only, free from Postage, Single Letters; provided that the Sum of One Penny for the Postage of each such Letter shall be paid upon putting the same into a Post Office established under the Authority of His Majesty's Post Master General; and provided also, that Proviso. every such Letter shall be directed to such Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier, specifying on the Superscription thereof the Name of the Regiments, Corps or Detachment to which he shall belong; and provided likewise that it Proviso. shall not be lawful for the Deputy Postmaster of the Town or Place to which such Letter shall be sent to be delivered, to deliver such Letter to any Person, except the Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier to whom such Letter shall be directed, or to some Person appointed to receive the same, by Writing under the Hand of the Officer having the Command of the Regiment, Corps or Detachment to which such Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier shall belong.

X. Provided always, and be it further enacted, That nothing Not to extend herein contained shall extend or be construed to extend to Letters to Officers. sent by or to Commissioned Officers, or Warrant Officers.

Seamen,

ters not from

XI. And be it further enacted, That if any Person having the Commanders Command of the Ship, Vessel, Regiment, Corps or Detachment, of Ships, &c. and who is hereby authorized to write his Name and the Name of franking Letthe Ship, Vessel, Regiment, Corps or Detachment commanded by him, upon any Single Letter from any such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier, shall wilfully and knowingly write his Name upon any such Letter that is not from any such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier, and on his or their own private Concerns only, such Commanding Officer shall for every such Offence forfeit and pay the Sum of Five Pounds.

XII. And be it further enacted, That if any Person, not having at the Time the Command of the Ship, Vessel, Regiment, Corps or Detachment, shall write his Name upon any such Letter, in order that the same may be sent at a lower Rate of Postage than by Law established, every such Person shall, for every such Of fence, forfeit and pay the Sum of Five Pounds.

Penalty 51.

Persons not being such

Commanders franking,

Penalty 51.

Addressing

Letters to
Seamen, &c.

tended for

others.

XIII. And be it further enacted, That if any Person or Persons whomsoever shall knowingly and designedly address a Letter or Letters to any such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer and Private Soldier, which shall be intended for another Person, or which shall be concerning the Affairs of another Person, with Intent to evade the Payment of the Rate of Postage by Law established, every such Person or Persons so offending shall, for every such Offence, forfeit and pay the Sum of Five Penalty 51. Pounds.

XIV. And be it further enacted, That if any Person or Persons Obtaining whomsoever shall procure any such Seaman, Serjeant, Corporal, Signature of 46 GEO. III.

LI

Trumpeter,