Post Office Act, 1867
(Redirected from 31st Victoria, Chapter 10)
- 1. Short Title.
- 2. Repeal of Provincial Laws.
- 3. Provisional continuance
- ORGANIZATION AND GENERAL PROVISIONS.
- 7. Post Office Department.
- 8. Postmaster General.
- 9. Governor to appoint certain Postmasters.
- 10. Powers of Postmaster General.
- 1. Post Offices and Routes.
- 2. PPostmasters.
- 3. Mail contracts.
- 4. Mailable matter.
- 5. Rates on mailable matter, not otherwise provided for.
- 6. Postage Stamps.
- 7. Arrangements with Postal authorities out of Canada.
- 8. Refunding postage on H. M. Military or Naval Service.
- 9. Post Office Money Orders.
- 10. Departmental Rules and Orders.
- 11. Registration of letters.
- 12. Question as to periodicals, &c.
- 13. Suits for postage, &c.
- 14. Street letter boxes, &c.
- 15. Sale of stamps.
- 16. Penalties for contravention of Regulations.
- 17. General purposes.
- 18. Amending or repealing regulations.
- 11. Publication, commencement, duration and evidence of regulations made by the Postmaster General.
- 12. Bonds, &c., to be valid.
- 13. Regulations to conform to Act.
- 14. Post Office Inspectors.
- 15. Deputy Post Master General.
- 16. Remuneration of Officers.
- 17. No allowance or compensation for extra service.
- 18. Delivery of money or property lost or stolen from the Mails when recovered.
- RATES OF POSTAGE.
- 19. Rates of postage on letters.
- 20. On local or drop letters.
- 21. Of letters to or from Seamen or Soldiers in H. M. Service.
- 22. Rates of postage on newspapers direct from office of publication.
- 23. Postage on other Newspapers.
- 24. Meaning of " Newspapers."
- 25. Postage on other periodical publications.
- 26. Rate of postage on books, pamphlets, &c.
- 27. Postage on mailable matter between Canada and any other Country.
- PAYMENT OF POSTAGE.
- SHIP LETTERS.
- EXCLUSIVE PRIVILEGE OF THE POSTMASTER GENERAL—AND EXCEPTIONS FROM IT.
- BRANCH OFFICES AND DELIVERY IN CITIES, &C.
- PARCEL POST.
- FRANKING AND FREE MAIL MATTER.
- PROPERTY IN POST LETTERS, AND OTHER MAILABLE MATTER.
- DEAD LETTERS.
- LETTERS CONTAINING CONTRABAND GOODS.
- TOLLS—AND FERRIES.
- UNITED STATES MAILS PASSING THROUGH CANADA.
- 46. Postmasters to give bonds.
- 47. Accountability of Postmasters to be enforced by Postmaster General.
- 48. Penalty for delay in the rendering of accounts.
- 49. Postmasters at Cities to render accounts of emoluments under oath.
- 50. Postmaster General may fix such salary on per centage in certain cases.
- MAIL CONTRACTS AND CONTRACTORS.
- 51. Mail contracts for more than $200 per ann. to be awarded only after advertizing for tenders.
- 52. Lowest offer not to be accepted if deemed excessive.
- 53. Postmaster may be allowed to be a Contractor.
- 54. Every tender to be accompanied by a written guarantee to give good security.
- 55. Contracts for less than $200 per annum, to be let as the Postmaster General sees fit.
- 56. Contracts not to be made with persons who have combined to keep back tenders.
- 57. As to Contracts with Railway or Steamboat Companies.
- 58. Abstracts of tenders to be recorded.
- 59. Temporary contracts.
- 60. Additional compensation limited.
- 61. Her Majesty's Mail to be carried on Railways on terms and conditions to be fixed by Governor in Council.
- POST OFFICE SAVINGS BANKS.
- 62. Postmaster General may establish Post Office Savings Banks.
- 63. Postmasters to receive and repay deposits.
- 64. Deposits to be entered in Depositor's Book and entry to be attested.
- 65. Deposit to be repaid to depositor on demand with the least possible delay.
- 66. Name of Depositor or amount deposited or withdrawn not to be disclosed by officers.
- 67. Money deposited to be paid over to Receiver General, and sums withdrawn to be repaid by him.
- 68. Interest on all deposits to be payable for each $3, for each whole Calendar month, at 4 per cent per annum.
- 69. Interest when to become principal.
- 70. Certificates of deposit, bearing interest at five per cent, may be issued, for sums not less than $100.
- 71. Post Office Savings Bank Regulations may be made by Postmaster General.
- 72. Monthly return of receipts and payments to be published in Canada Gazette.
- 73. Monthly excess of cash balance over $500,000, to be invested in Govt. Debentures.
- 74. Annual account and statement to be laid before Parliament.
- 75. Receiver General to credit Post Office Savings Bank account with accruel interest on invested surplus and interest at five percent on invested balance and debit it with expenses.—Profit to form part of, or loss to be made good from Consolidated Revenue Fund.
- 76. Annual Report to Parliament.
- First. General Account current, what to contain and shew.
- Second. Payments for mail transport in detail.
- Third. Salaries, &c., in detail.
- Fourth. Incidental Expenditure in detail.
- Fifth. Mail Contracts.
- Sixth. Extra Allowances to contractors.
- Seventh. Fines imposed on Contractors.
- Eighth. New Offices & Post Routes.
- Ninth. Cases of loss or abstraction of money letters.
- Tenth. Money Order Offices.
- Eleventh. Cost of Money Order System.
- Twelfth. Money Order offices opened or closed.
- Thirteenth. Losses under Money Order System.
- Fourteenth. Tenders for Contracts.
- Fifteenth. Dead Letters.
- Sixteenth. Post Office Savings Bank transactions.
- OFFENCES AND PENALTIES.
- 77. Stealing, &c., Post Letter.
- 2. Stealing from a Post Letter.
- 3. Stealing a Post Letter or Post Letter Bag.
- 4. Opening a Post Letter Bag.
- 5. Stealing parcel or its contents.
- 6. Receiving stolen Post Letter or Post Letter Bag, &c.
- 7. Unlawfully issuing Mosey Order.
- 8. Forging any Postage Stamp, &c.
- 9. Forging Money Order on Depositor's Book, &c.
- 10. Stealing &c., Mail-key or Mail-lock.
- 11. Unlawfully opening, &c., Post Letter Bag or Post Letter.
- 12. Stealing, &c., certain other mailable matter.
- 13. Wilfully destroying matter sent by mail or Parcel Post.
- 14. Enclosing explosive substance in matter sent by Post.
- 15. Enclosing letter in any other mailable matter.
- 16. Removing postage stamp or mark thereon with fraudulent intent.
- 17. Obstructing Mail, &c.,
- 18. Cutting, &c., Post Letter Bag.
- 19. Being drunk on duty as a Mail Carrier, &c.,
- 20. Refusing to allow Mail to passthrough Toll-gate.
- 21. Detaining, &c., Mail at Ferry.
- 22. Wilfully contravening regulations.
- 23. Soliciting the commission of any such felony or misdemeanor.
- 24. Punishment for misdemeanor.
- 25. Accessories and abettors to be punishable as principals.
- 26. Imprisonment if for two years to be in Penitentiary.
- 78. Embezzlement or unlawful use of money entrusted to him by an officer of or connected with the Post Office, to be felony.
- 79. None but Postmasters to sell postage stamps without licease.
- 80. Wilfully injuring, &c. Street Letter Box, &c. to be a misdemeanor.
- 81. Penalty for using postage stamp used before.
- 82. Penalty for placing the words " Post Office," on house, &c., without authority.
- 77. Stealing, &c., Post Letter.
- PROCEDURE, CRIMINAL AND CIVIL.
- 83. Venue, &c., cases of indictable offences against this Act.
- 84. Property of any mailable matter sent by post, may be laid in the Postmaster General.
- 85. Postmaster General may compromise any action, &c.
- 86. Penalties to be recoverable with costs, by the Postmaster General, and to belong to the crown.
- 87. Penalty recoverable on oath of one witness,—who may be a Postmaster or other officer, &c., of the Post Office.
- 88. In action against Postmaster or other officer of the Post or his sureties, amount due may be proved by statement of account attested by accountant of the Post Office.
- 89. Suits, &c., by the Postmaster General to be brought in his name of office and may be continued, &c., by his successor.
- PROTECTION OF OFFICERS.
31 Victoria, c. 10 (Canada)
An Act for the regulation of the Postal Service
[Assented to 21st December, 1867.]
HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
1. This Act shall be known and may be cited as The Post Office Act, 1867 ;and the following terms and expressions therein shall be held to have the meaning hereinafter assigned to them, unless such meaning be repugnant to the subject or inconsistent with the context :
The term " Letter " includes Packets of Letters ;
The term " Postage " means the duty or sum chargeable for the conveyance of Post Letters, Packets and other things by Post ;
The term " Foreign Country " means any country not included in the dominions of Her Majesty ;
The term " Foreign Postage " means the postage on the conveyance of Letters, Packets or other things, within any Foreign Country or payable to any Foreign Government ;
The term " Canada Postage " means the postage on the conveyance of Letters, Packets and other things by Post within the Dominion of Canada or by Canada Mail Packet ;
The term " Mail " includes every conveyance by which Post Letters are carried, whether it be by land or by water ;
British Packet Postage
The term " British Packet Postage " means the postage due on the conveyance of letters by British Packet Boats, between the United Kingdom and British North America ;—And the term " British Postage " includes all Postage not being Foreign, Colonial or Canadian ;
Employed in the Canada Post Office
The expression " employed in the Canada Post Office " applies to any person employed in any business of the Post Office of Canada ;
The term " Post Letter " means any letter transmitted or deposited in any Post Office to be transmitted by the Post ;—And a letter shall be deemed a Post Letter from the time of its being so deposited or delivered at a Post Office, to the time of its being delivered to the party to whom it is addressed, and a delivery to any person authorized to receive letters for the Post, shall be deemed a delivery at the Post Office and a delivery of any letter or other mailable matter at the house or office of the person to whom the letter is addressed, or to him, or to his servant or agent, or other person considered to be authorized to receive the letter or other mailable matter, according to the usual manner of delivering that person's letters, shall be a delivery to the person addressed ;
The term " Mailable Matter " includes any letter, packet, parcel, newspaper, book or other thing which by this Act or by any Regulation made in pursuance of it, may be sent by Post ;
Post Letter Bag
The term " Post Letter Bag " includes a Mail Bag or Box, or Packet or Parcel, or other envelope or covering in which mailable matter is conveyed, whether it does or does not actually contain mailable matter ;
Any Post Office
The term " any Post Office " means any building, room, street letter box, receiving box or other receptacle, or place where Post Letters or other mailable matter are received or delivered, sorted, made up or dispatched ;
The term " Valuable Security " includes the whole or any part of any tally, order or other security or document whatsoever entitling or evidencing the title of any party to any share or interest in any Public Stock or Fund, whether of Canada, or of the United Kingdom, or of any British Colony or Possession, or of any Foreign Country, or in any Fund or Stock of any Body Corporate, Company or Society in Canada or elsewhere, or to any deposit in any Savings' Bank, or the whole or any part of any Debenture, Deed, Bond, Post Office Money Order, Bank Note, Bill Note, Cheque, Warrant or order or other security for the payment of money, or for the delivery or transfer of any goods, chattels or valuable thing, whether in Canada or elsewhere ;
And the term " between " when used with reference to the transmission of letters or other things, applies equally to such transmission from either place to the other.
Repeal of Provincial Laws
2. All Laws in force in the Provinces of Canada, Nova Scotia or New Brunswick, at the Union thereof, on the first of July, one thousand eight hundred and sixty-seven, in respect to the Postal Service, and continued in force by the British North America Act, 1867, shall be and the same are hereby repealed, except as to any act done or performed in virtue of the same, and except in respect of any postage duties which may have become payable under the same, or any proceedings for the recovery of such duties, and except also as to any offence committed against the provisions of the said Laws hereby repealed, and any Fine or Penalty incurred by reason of any such offence, or any proceeding for the recovery of any such Fine or Penalty or for the punishment of any offender.
Provisional continuance of existing Post Office arrangements, Commissions and appointments
3. Except in so far as it may be otherwise provided in any case by the proper authority under this Act, or any other Act of the Parliament of Canada,—all Post Offices and Postal Divisions, Stations, Districts and Establishments in Canada, and all commissions or appointments of any officers or persons employed in managing the said Posts and Post Communications, or in collecting or accounting for Postage duties and dues, in force at the time when this Act comes into force, shall continue and remain in force, and the nature of the duties and local extent of the powers of each Office, and the salary and emoluments of the Officer, shall remain the same as if such commissions or appointments had been granted or made under the authority of this Act, subject always to the provisions hereinafter made.
Existing bonds, contracts, &c., to continue in force
4. And all bonds given by such Officers or persons or their sureties, and all contracts, agreements or engagements made by any party with or to any such Officer or person, shall remain in full force and effect, and shall be construed and have effect to all intents and purposes as if made and entered into with express reference to this Act, and for the performance of the duties which under this Act may be lawfully assigned to or discharged by such Officers and persons respectively ;—And any contract for the conveyance of Her Majesty's Mails, or for any other service to be performed with reference to the Post Office, shall be construed as a contract for the conveyance of Her Majesty's Mails under this Act, and for the performance of the services therein contracted for, for Her Majesty's Canada Post Office, and the fufilment of such contract may be enforced accordingly under this Act, payment for such services being made out of Canada Funds, but performance otherwise according to the terms of such contract.
Construction of contracts for conveyance of Mails
Regulations, &c., to remain in force, until abrogated under this Act
5. And every regulation and departmental order not inconsistent with this Act, and not providing for a matter for which provision is made by this Act, made by any then competent authority, to guide or direct such Officers or persons in the performance of their duties, or to confer, define or regulate their powers and the exercise thereof, shall remain in full force and effect, unless and until such regulation or order is abrogated or provision is made in the like matter by some regulation or order made by competent authority under this Act.
Application of Revenue Management Act, to Postal matters
6. Any Act of the Parliament of Canada respecting the Collection and Management of the Revenue, the Auditing of Public Accounts, and the liability of Public Accountants, shall apply to the said Posts and Post Communications, and to the Officers and persons employed in managing the same, or in collecting or accounting for the duties and dues aforesaid, except in so far as any provision of such Act is not susceptible of such application or is inconsistent with any provision of this Act.
ORGANIZATION AND GENERAL PROVISIONS.
Post Office Department
7. There shall be at the Seat of Government of Canada a Post Office Department for the superintendence and management of the Postal Service of Canada, under the direction of a Postmaster General.
8. The Postmaster General shall be appointed by Commission under the Great Seal of Canada, and shall hold his office during pleasure.
Governor to appoint certain Postmasters
9. The Governor may appoint all Postmasters in cities and towns having salaries.
Powers of Postmaster General
10. The Postmaster General may, subject to the provisions of this Act :
Post Offices and Routes
(1) Establish and close Post Offices and Post Routes ;
(2) Appoint Postmasters, other titan those to be appointed by the Governor, and other Officers and Servants, and remove or suspend any Postmaster or other Officer or Servant of the Post Office ;
(3) Enter into and enforce all contracts relating to the conveyance of the Mails, or other business of the Post Office ;
(4) Make regulations declaring what shall and what shall not be deemed to be mailable matter for the purposes of this Act, and for restricting within reasonable limits the weight and dimensions of letters and packets and other matters sent by Post, and for prohibiting and preventing the sending of explosive, dangerous, contraband or improper articles, obscene or immoral publications ;
Rates on mailable matter, not otherwise provided for.
(5) Establish the rates of Postage on all mailable matter, not being letters, newspapers or other things hereinafter specially provided for, and prescribe the terms and conditions on which all mailable matter not being letters, shall in each case or class of cases be permitted to pass by Post, and authorize the opening thereof, for the purpose of ascertaining whether such conditions have been complied with ;
(6) Cause to be prepared and distributed Postage Stamps, necessary for the prepayment of Postages under this Act, also stamped envelopes for the like purpose ;
Arrangements with Postal authorities out of Canada.
(7) Make and give effect to any arrangements which may require to be made with the Government or with the postal authorities of the United Kingdom, or of any British Possession, or of the United States, or any other Foreign Country, with regard to the collecting and accounting for postage, the transmission of mails, and other matters connected with Posts and Postal business, and the remuneration or indemnity to be paid or received under any such arrangement ;
Refunding postage on H. M. Military or Naval Service.
(8) Make arrangements for refunding such postage as may from time to time be paid by Her Majesty's Military or Naval authorities on official correspondence passing between the several stations of Her Majesty's Military and Naval Forces in Canada ;
Post Office Money Orders.
(9) Make orders and regulations concerning the Money Order system and the issuing and paying of Post Office Money Orders in Canada, and when he may deem it expedient arrange for the exchange of such Money Orders with any British Possession or Foreign Country on such terms and conditions as he may agree upon, and as may be set forth in the regulations relating to the same, and all orders, and regulations so made by him shall be binding and conclusive upon the persons in favor of whom such Money Orders shall be issued, and the payees thereof and all persons interested through or claiming under them and upon all other persons whomsoever ;
Departmental Rules and Orders.
(10) Make and alter rules and orders for the conduct of and management of the business and affairs of the Department, and for the guidance and government of the Postmasters and other officers and servants of the Post Office in the performance of their duties ;
Registration of letters.
(11) Prescribe and enforce such Regulations as to letters directed to be registered as to him may seem necessary, in respect to the registration of letters and other matter passing by Mail, as well between places in Canada, as between Canada and the United Kingdom, any British Possession, the United States or any other Foreign Country, and to the charge to be made for the same ; and also in respect to the registration by the officers of the Post Office of letters unquestionably containing money or other valuable enclosure when posted without registration by the senders of the same, and to imposing a rate of two cents registration charge upon such letters.
Question as to periodicals, &c
(12) Decide all questions which may arise as to what shall be deemed to be a letter or letter packet, newspaper, periodical, or other article of mailable matter, admitted to pass by Post under this Act, and as to the rate of postage to which it may consequently be liable ;
Suits for postage, &c
(13) Sue for and recover all sums of money due for postage or for penalties under this Act or under any Act of the Provinces of Canada, Nova Scotia or New Brunswick, or by any Postmaster or his Sureties ;
Street letter boxes, &c
(14) Establish and provide Street Letter Boxes or Pillar Boxes or Boxes of any other description for the receipt of letters and such other mailable matter as he may deem expedient, in the streets of any City or Town in Canada, or at any Railway Station or other public place where he may consider such Letter Box to be necessary ;
Sale of stamps
(15) Grant licenses revocable at pleasure, to Agents other than Postmasters, for the sale to the Public of Postage Stamps and stamped Envelopes, and allow to such Agents a commission of not exceeding five per cent on the amount of their sales ;
Penalties for contravention of Regulations
(16) Impose, with the approval of the Governor in Council, pecuniary penalties not exceeding two hundred dollars for any one offence on persons offending against any such regulation as aforesaid, whether they be or be not officers of the Post Office ;
(17) And generally to make such regulations as he deems necessary for the due and effective working of the Post Office and Postal business and arrangements, and for carrying this Act fully into effect ;
Amending or repealing regulations
(18) And every such regulation as aforesaid may from time to time be repealed or amended by any subsequent regulation made in like manner ;—And every such regulation shall, until it be otherwise ordered by any subsequent regulation, have force and effect as if it formed part of the provisions of this Act, unless it be inconsistent with the enactments thereof.
Publication, commencement, duration and evidence of regulations made by the Postmaster General
11. Any general regulation made by the Postmaster General under this Act, other than those made solely for the guidance and government of the officers or other persons employed in the Postal service, which may be communicated by Department Order, or otherwise as the Postmaster General may see fit, shall have effect from and after the day on which the same shall have been published in the Official Gazette, or from and after such later day as may be appointed for that purpose in such regulation, and during such time as shall be therein expressed, or if no time be expressed for that purpose, then until the same is revoked or altered ; and every such regulation may be revoked, varied or altered by any subsequent regulation ; and a copy of the Official Gazette containing any such regulation shall be evidence of such regulation to all intents and purposes whatsoever.
Bonds, &c., to be valid
12. And any bond or security required or authorized by any such regulation or by any order of the Postmaster General in any matter relative to the Post Office, or to the observance of any provision of this Act or any regulation or order made under it, shall be valid in law and may be enforced according to its tenor on breach of the condition thereof.
Regulations to conform to Act
13. No Regulation made under this Act shall be inconsistent with the express provisions thereof.
Post Office Inspectors
14. The Governor may, from time to time, appoint fit and proper persons to be and to be called Post Office Inspectors, and to be stationed at such places and to exercise their powers and perform their duties and functions within such limits respectively as he may from time to time appoint ;
(2) And it shall be the duty of such Post Office Inspectors, under such instructions as may from time to time be given to them by the Postmaster General,—to superintend the performance of the Mail Service, taking care that, as far as the state of the roads and other circumstances will permit, the stipulations of all contracts for the conveyance of the Mail are strictly complied with by the Contractors,—to make monthly reports to the Postmaster General of the manner in which the Mail has been carried on each route, stating what fines they recommend should be imposed,—to instruct new Postmasters in their duties,—to keep the Postmasters to their duty in rendering their accounts and paying over their balances,—to examine at every Post Office from time to time the Books of Mails received at and sent from the same, and to see that they are properly kept, and that the Received Bills are properly numbered and filed, and that the Postmasters and their Assistants perfectly understand their instructions, and perform their duty well in every particular, to inquire into complaints of losses of valuable Letters, and generally to do all and whatsoever they are from time to time lawfully instructed or required by the Postmaster General to do for the service of the Post Office Department.
Deputy Post Master General
15. The Governor in Council may appoint a proper person to be Deputy Postmaster General, to hold office during pleasure, and the said Deputy Postmaster General shall have the oversight and direction of the othe Officers, Clerks and messengers or servants, and of all persons employed in the postal service, and shall have, under the Postmaster General the general management of the business of the Department, and his directions shall be obeyed in like manner as the directions of the Postmaster General would be, subject however to the control of the latter in all matters whatsoever.
Remuneration of Officers
16. Each officer, clerk or servant employed in or by the Post Office Department shall be remunerated by a stated salary or pay, to be fixed by the Postmaster General, subject to the provisions of any Act relating to the Civil Service.
No allowance or compensation for extra service
17. No allowance or compensation shall be made to any Clerk or other Officer in the Post Office Department, by reason of the discharge of Duties which belong to any other Clerk or Officer in the same Department.—And no allowance or compensation shall be made for any extra service whatever which any such Clerk or Officer may be required to perform.
Delivery of money or property lost or stolen from the Mails when recovered
18. It shall be lawful for the Postmaster General, to pay over and deliver to such person or persons as he may consider to be the rightful owner or owners thereof, upon satisfactory evidence of claim, any sum of money, or other property stolen or lost from the mails, which may be by the Postmaster General, recovered from the thief or thieves, or may otherwise come into his possession.
RATES OF POSTAGE.
Rates of postage on letters
19. On all letters transmitted by Post for any distance within Canada, except in cases herein otherwise specially provided for, there shall be charged and paid one uniform rate of three cents per half ounce in weight, any fraction of an ounce being chargeable as a half ounce, provided that such three cents postage rate be prepaid by postage stamp or in current coin at the time of posting such letters ; and when such letters are posted without prepayment being made thereon, then and in such case it shall be lawful to charge upon letters so posted unpaid a rate of five cents per half ounce.
On local or drop letters
20. On letters not transmitted through the mails, but posted and delivered at the same Post Office, commonly known as local or drop letters, the rate shall be one cent, to be in all cases prepaid by postage stamps affixed to such letters.
Of letters to or from Seamen or Soldiers in H. M. Service
21. In every case in which any Seaman in Her Majesty's Navy, or Sergeant, Corporal, Drummer, Trumpeter, Fifer or Private Soldier in Her Majesty's service, is entitled to receive or send letters on the payment of a certain sum and no more, in place of all British Postage thereon, the payment of such sum shall likewise free such letter from all Canada Postage thereon :
Or to commissioned officers, in army or navy, &c
(2) And in all cases in which a letter addressed to a Commissioned Officer of the Army, or Navy, or of any of the departments belonging thereto respectively, at a place where be has been employed on actual service, would be free from British Postage on the transmission thereof from such place to any place to which he has removed in the execution of his duty, before the delivery of such letter or packet, the same shall in like manner be from Canada Postage ;—And the Postmaster General may make such regulations declaratory and otherwise, as may be necessary for giving effect to this section.
Rates of postage on newspapers direct from office of publication
22. The rate of postage upon newspapers printed and published in Canada, and issued not less frequently than once a week, from a known office of publication, and sent to regular subscribers in Canada by mail, shall be as follows : upon each such newspaper, when issued once a week, the rate for each quarter of a year, commencing on the first of January, first of April, first of July, first of October of each year, shall be five cents, when issued twice a week, ten cents, when issued three times a week, fifteen cents, when issued six times a week, thirty cents, and in that proportion, adding one rate of five cents for each issue more frequent than once a week ; and such postage must be pre-paid in advance from the first day of the quarter from which the payment commences for a term of not less than a quarter of a year ; and such prepayment may be made at either the office of Mailing or Delivery, at the option of the publisher or subscriber ;—provided nevertheless, that Exhange Papers, addressed by one editor or publisher of a newspaper to another editor or publisher, may be sent by Post free of charge.
Proviso : Exchange papers free.
Postage on other Newspapers
23. On all newspapers sent by Post in Canada, except in the cases hereinbefore expressly provided for, there shall be payable a rate not exceeding two cents each, and when such newspapers are posted in Canada this rate shall in all cases be prepaid by postage stamps affixed to the same.
Meaning of "Newspapers"
24. For the purposes of this Act, the word " Newspapers " shall be held to mean periodicals published not less frequently than one in each week, and containing notices of passing events.
Postage on other periodical publications
25. The rate of postage upon periodical publications, other than newspapers, shall be one cent per four ounces, or half a Cent per number, when such periodicals weigh less than one ounce and are posted singly, and when such periodical publications are posted in Canada, these rates shall in all cases be prepaid by postage stamps affixed to the same.
Rate of postage on books, pamphlets, &c
26. On books, pamphlets, occasional publications, printed circulars, prices current, handbills, book and newspaper manuscripts, printer's proof sheets whether corrected or not, maps, prints, drawings, engravings, photograps when not on glass, or in cases containing glass, sheet music whether printed or written, packages of seeds, cuttings, bulbous roots, scions or grafts, patterns or samples of merchandize or goods, the rate of postage shall be one cent per ounce ;provided that no letter or other communication intended to serve the purpose of a letter be sent or enclosed therein, and that the same be sent in covers open at the ends or sides or otherwise so put up as to admit of inspection by the Officers of the Post Office to ensure compliance with this provision—and this postage rate shall be prepaid by postage stamp in all cases when such articles are posted in Canada.
Postage on mailable matter between Canada and any other Country
27. Provided that notwithstanding any thing herein contained all letters, newspapers and other mailable matter passing by mail between any place in Canada and the United Kingdom, any British possession, the United States or any other Foreign Country, shall be liable to such charges, and rates of postage on being posted in Canada, or on delivery therein, and be subject to such regulations and conditions, as may be agreed upon under any arrangement made by the Postmaster General, for the transmission, despatch, receipt and delivery of the same, and contained in any Regulation made by the Postmaster General in pursuance of such arrangement.
PAYMENT OF POSTAGE.
From whom and how postage on unpaid letters may be recovered
28. As well the Colonial, British or Foreign as the Canada postage on any letter or other mailable matter shall (if not pre-paid) be payable to the Postmaster General by the party to whom the same is addressed, or who may lawfully receive such letter or other thing, which may be detained until the postage be paid ;—And any refusal or neglect to pay such postage shall be held to be a refusal to receive such letter or thing, which shall be detained and dealt with accordingly ; but if the same is delivered, the postage on it shall be charged against and paid by the Postmaster delivering it, saving his right to recover it from the party by whom it was due, as money paid for such party :
(2) If any letter or other mailable matter is refused, or if the party to whom it is addressed cannot be found, then any postage due thereon shall be recoverable by the Postmaster General from the sender of such letter or packet ;
Amount of postage
(3) The postage marked on any letter or other mailable matter shall be held to be the true postage due thereon, and the party signing or addressing it shall be held to be the sender, until the contrary be shewn ;
(4) And all postage may be recovered with costs, by civil action in any Court having jurisdiction to the amount, or in any way in which customs duties are or may be recoverable.
Cases in which stamped letters for places out of Canada may be forwarded as unpaid letters
29. In all cases where letters and other mailable matter are posted for places without the limits of Canada, on which stamps for prepayment are affixed of less value than the true rate of Postage to which such letters are liable,—or when stamps for prepayment are affixed to letters addressed to any place as aforesaid for which prepayment cannot be taken in Canada, the Postmaster General may forward such letters, charged with postage, as if no stamp had been thereon affixed.
Postmasters not bound to give change
30. And for avoiding doubts, and preventing inconvenient delay in the posting and delivery of letters,—no Postmaster shall he bound to give change, but the exact amount of the postage on any letter or other mailable matter shall be tendered or paid to him in current coin as respects letters or other things delivered, and in current coin or postage stamps as the case may require in respect to the letters or other things posted.
Conveyance of letters by sea to or from Canada in vessels other than Post Office Packets
31. The Postmaster General may make such reasonable compensation as he may see fit, to Masters of vessels, not being Post Office Packets, for each letter conveyed by such vessels between places beyond Sea and Canada, and the Governor in Council may direct that at any Port or class of Ports, such vessels shall not be permitted by the Officers of customs to enter or break bulk until all letters on board the same have been delivered at the post Office, nor until the Master has made declaration in such form as may be prescribed, that he has delivered all such letters accordingly.
EXCLUSIVE PRIVILEGE OF THE POSTMASTER GENERAL—AND EXCEPTIONS FROM IT.
Except in certain cases no one but the Postmaster General to collect, convey and deliver letters in Canada on pain of a fine of $20
32. Subject always to the provisions and regulations aforesaid, and the exceptions hereinafter made, the Postmaster General shall have the sole and exclusive privilege of conveying, receiving, collecting, sending and delivering letters within Canada ;—And (except in the cases hereinafter excepted) any person who collects, send, conveys or delivers or undertakes to convey or deliver any letter within Canada, or who receives or has in his possession any letter for the purpose of conveying or delivering it, otherwise than in conformity with this Act, shall, for each and every letter so unlawfully conveyed or undertaken to be conveyed, received, delivered or found in his possession, incur a penalty not exceeding twenty-dollars :But such exclusive privilege, prohibition and penalty shall not apply to—
- Letters sent by a private friend in his way, journey or travel, provided such letters be delivered by such friend to the party to whom they are addressed ;
- Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver ;
- Commissions or returns thereof, and affidavits or writs, process or proceedings or returns thereof, issuing out of a Court of Justice ;
- Letters addressed to a place out of Canada and sent by sea and by a private vessel ;
- Letters lawfully brought into Canada, and immediately posted at the nearest Post Office ;
- Letters of merchants, owners of vessels of merchandize, or of the carge or loading therein, sent by such vessel of merchandize, or by any person employed by such owners for the carriage of such letters according to their respective addresses,—and delivered to the persons to whom they are respectively addressed, without pay, hire, reward, advantage or profit for so doing ;
- Letters concerning goods or merchandize sent by common known carriers to be delivered with the goods to which such letters relate, without hire or reward, profit or advantage for receiving or delivering them ;
In case of contravention letters may be seized and charged with Postage
33. Any person may, and any Officer or Person employed in the Post Office, or in the collection of the Revenue of the Dominion, shall, seize any letters conveyed, received, collected, sent or delivered in contravention of this Act, and take them to the nearest Post Office, and give such information to the Postmaster as he may be able to give, and as is necessary for the effectual prosecution of the offender ; and the letters shall moreover be chargeable with letter Postage.
BRANCH OFFICES AND DELIVERY IN CITIES, &C.
Establishment and regulation of Branch Post Offices in Cities
34. The Postmaster General may, when in his judgment the public interest or convenience requires it, establish one or more Branch Post Offices to facilitate the operation of the Post Office in any city or place which in his opinion requires any such additional accommodation for the convenience of the inhabitants ; and he may prescribe the rules and regulations for the Branch Post Offices established by virtue of this Act ; and no additional Postage shall be charged for the receipt or delivery of any letter or packet at such Branch Post Office.
Employment of Letter Carriers in Cities and rates of City Postage
35. The Postmaster General may, whenever the same may be proper for the accommodation of the public in any city or town, employ Letter Carriers for the delivery of letters received at the Post Office in such city or town, (except such as the persons to whom they are addressed may have requested, in writing addressed to the Postmaster, to be retained in the Post Office,) and for the receipt of letters at such places in such city or town as the Postmaster General may direct, and for the deposit of the same in the Post Office :
(2) And for the delivery by a Carrier of each letter received from the Post Office, the person to whom the same is delivered shall pay not exceeding two cents, and for the delivery of each newspaper and pamphlet one cent ;—all of which receipts, by the Carriers in any city or town, shall be accounted for to the Postmaster General.
Carrier to give security
(3) Each of such Carriers shall give bond, with sureties to be approved by the Postmaster General, for the safe custody and delivery of all letters, and for the due account and payment of all moneys received by him.
Provision for delivery of Letters in Cities free and drop letters at a low rate of City Postage
36. It shall be lawful for the Postmaster General, with the consent of the Governor in Council, to establish in any city, when he shall deem it expedient, a system of free delivery by Letter Carrier of letters brought by mail and he may direct that from the time that such system is so established, no charge shall be made for the delivery of such letters by Letter Carriers in such city, and further that on drop or local letters when delivered by Letter Carrier in such city, one cent only per half ounce shall be charged in addition to the ordinary local or drop letter rate.
37. The Postmaster General may establish and maintain a parcel post ; and closed parcels, other than letters, and not containing letters, may be sent by such parcel post ;and when to sent shall be liable to such charges for conveyance and to such regulations as the Postmaster General shall from time to time see fit to make.
Rate to be fixed by P. M. General
FRANKING AND FREE MAIL MATTER.
Certain Letters and other mailable matter to be free of Postage
38. All letters and other mailable matter addressed to or sent by the Governor or sent to or by any department of the Government at the seat of Government, shall be free of Canada pottage under such regulations as may from time to time be made in that respect by the Governor in Council ;
Senate and House of Commons
(2) Letters and other mailable matter addressed to or sent by the Speaker or Chief Clerk of the Senate or of the House of Commons, or to or by any Member of either House at the Seat of Government, during any Session of Parliament, or addressed to any of the members or Officers in this section mentioned, at the seat of Government as aforesaid, during the ten days next before the meeting of Parliament, shall be free of postage ;
(3) All public documents and printed papers may be sent by the Speaker or Chief Clerk of the Senate or of the House of Commons, to any Member of either House, during the recess of Parliament, free of postage ;
(4) The privilege of free transmission as above given in this section shall apply only to mail matter passing between the seat of Government and places in Canada.
(5) Members of either the Senate or House of Commons of: Canada may, during the recess of Parliament, send by Mail free of Postage, all papers printed by order of either House.
Post Office letters, &c
(6) The Postmaster General may prescribe the conditions and circumstances under which letters, accounts and papers, relating solely to the business of the Post Office, and addressed to or sent by some officer thereof, shall be free from Canada Postage ;
Petition, &c., to Local Legislatures
(7) Petitions and Addresses to either of the Provincial Legislatures of Ontario, Quebec, New Brunswick or Nova Scotia, or to any Branch thereof, and also Votes and Proceedings and other papers printed by order of any such Legislatures or any Branch thereof, during any Session thereof, may be sent free of postage under such regulations as the Postmaster General may prescribe.
PROPERTY IN POST LETTERS, AND OTHER MAILABLE MATTER.
Property in Mailable matter
39. From the time any letter, packet, chattel, money or thing is deposited in the Post Office for the purpose of being sent by Post, it shall cease to be the property of the sender, and shall be the property of the party to whom it is addressed or the legal representatives of such party ; And the Postmaster General shall not be liable to any party for the loss of any letter, packet or other thing sent by Post ; nor shall any letter or packet or other mailable matter be liable to demand, seizure, or detention, whilst in the Post Office, or in the custody of any person employed in the Canada Post Office,—under legal process against the sender thereof, or against the party or legal representatives of the party to whom it may be addressed.
Dead Letters, how dealt with
40. Letters, or other articles, which from any cause remain undelivered in any Post Office, or which having been posted, cannot be forwarded by post, shall under such regulations as the Postmaster General may make, be transmitted by Postmasters to the Post Office Department as Dead Letters, there to be opened and returned to the writers on payment of any postage due thereon, with five cents additional on each Dead Letter to defray the costs of returning the same, or such Dead Letters may in any case or class of cases be otherwise disposed of as the Postmaster General may direct :
If containing money
(2) If any such Dead Letter, of which the writer cannot be ascertained or found, contains money, the Postmaster General may appropriate it as Postal Revenue, keeping an account thereof, and the amount shall be paid by the Department to the rightful claimant as soon as he is found.
Advertisement of Dead Letters
41. All advertisements of Letters uncalled for in any Post Office, made under the orders of the Postmaster General, in a newspaper or newspapers, shall be inserted in some newspaper or newspapers of the town or place where the Office advertising is situate, or of the town or place nearest to such Post Office, provided the Publisher of such newspaper or newspapers agree to insert the same in three separate issues or publications of such newspaper or newspapers, for a price not greater than two cents for each Letter.
LETTERS CONTAINING CONTRABAND GOODS.
Detention, &c., of Letters suspected to contain contraband or dutiable goods
42. The Postmaster General, or any Postmaster by him to that effect duly authorized, may detain any Post Letter suspected to contain any contraband goods, wares or merchandize, or any goods, wares or merchandize on the importation of which into Canada any duties of Customs are by law payable, and suspected to have been enclosed therein to evade payment of such duties, and forward the same to the nearest Collector of Her Majesty's Customs, who, in the presence of the person to whom the same may be addressed, or in his absence in case of non-attendance, after due notice in writing from such Collector requiring his attendance, left at or forwarded by the post according to the address on the letter, may open and examine the same ;
If any be found
(2) And if on any such examination any contraband goods, wares or merchandize, or any goods, wares or merchandize on the importation of which into Canada any duties of Customs are payable, are discovered, such Collector may detain the letter and its contents for the purpose of prosecution ;—
And if not
and if no contraband goods, wares or merchandize, or any goods, wares or merchandize on the importation of which into Canada any duties of Customs are by law payable, are discovered in such letter, it shall, if the party to whom it is Addressed is present, be handed over to him on his paying the postage (if any) charged thereon, or if he is not present, it shall be returned to the Post Office and be forwarded to the place of its address.
Tolls and Ferries, Mails when exempt
43. No Mail stage, or other winter or summer vehicle carrying a Mail, shall be exempted from tolls or dues on any road or bridge in Canada, unless in the Act or Charter authorizing such road or bridge, it is specially so provided :
Obligations of ferrymen
(2) Every Ferryman shall upon request and without delay, convey over his Ferry any Courier or other person travelling with the Mail, and the carriage and horse, or horses employed in carrying the same, and the sum to be paid for such service shall be fixed by contract ; or, if any ferryman demands more than the Post Office authorities or the contractor for carrying the mail are willing to pay, the amount to be paid shall be fixed by arbitrators, each party naming an Arbitrator, and the two Arbitrators naming a third, the decision of any two Arbitrators to be binding;but as respects payment, this shall not apply to cases in the Provinces of New Brunswick and Nova Scotia, where mails carried under now existing mail contracts are, under statutes in force when such contracts were made, carried over ferries without charge, and in all such cases the right to such ferriage without charge shall continue in force until the expiration of said contracts ;
Proviso : as to N. S. and N. B.
Mail not to be delayed
(3) No Toll-gate keeper or Ferryman shall detain or delay a mail on pretence of demanding toll or ferriage, but the same if due and not paid shall be recovered in the usual course of law from the party liable.
UNITED STATES MAILS PASSING THROUGH CANADA.
Postmaster General may allow United States Mails to be carried through Canada on certain conditions
44. The Postmaster General may from time to time, with the approval of the Governor in Council, make any arrangement which he deems just and expedient, for allowing the mails of the United States to be carried or transported at the expense of the said United States over any portion of Canada, from any one point in the Territory of the said United States to any other point in the same territory, upon obtaining the like privilege for the transportation of the Mails of Canada through the United States when required.
Such mails to be deemed while in Canada Her Majesty's Canada mails as regards the punishment of offences committed in respect thereof
45. Every United States Mail so carried or transported as last aforesaid shall, while in Canada. be deemed and taken to be a Mail of Her Majesty, so far as to make any violation thereof, any depredation thereon, or any act or offence in respect thereto or to any part thereof, which would be punishable under the existing Law of Canada if the same were a Canada Mail or part of a Canada Mail, an offence of the same degree and magnitude and punishable in the same manner and to the same extent as though the same were a Canada Mail or part of a Canada Mail ;—And in any indictment for such act or offence, such Mail or part of a Mail may be alleged to be, and on the trial of such indictment shall be held to be a Canada Mail or part of a Canada Mail ;—And in any indictment for stealing, embezzling, secreting or destroying any Post letter, Post letter-bag, packet, chattel, money or valuable security sent by Post through and by any of the said United States Mails as aforesaid, in the indictment to be preferred against the offender, the property of such Post letter, Post letter-bag, packet, chattel, money or valuable security sent by Post as herein mentioned, may be laid in the Postmaster General,—and it shall not be necessary to allege in the indictment or to prove upon the trial or otherwise, that the Post letter, Post letter-bag, packet, chattel or valuable security was of value.
Property in such mails
Postmasters to give bonds
46. The Postmaster General shall, upon the appointment of any Postmaster, require and take of such Postmaster a bond, with good and approved security, in such penalty as he deems sufficient, conditioned for the faithful discharge of all the duties of such Postmaster required by law, or which may be required by any instruction or regulation or general rule for the government of the Post Office :
Sureties may be changed and new bonds executed
(2) And when any Surety of a Postmaster notifies to the Postmaster General his desire to be released from his suretyship, or when the Postmaster General deems it necessary, he may require such Postmaster to execute a new bond, with sureties, which bond, when accepted by the Postmaster General, shall be as valid as the bond given upon the original appointment of the Postmaster, and the Sureties in the prior bond shall be released from responsibility for all acts or defaults of the Postmaster done or committed subsequent to the acceptance of the new bond, the date of which acceptance shall be duly endorsed on such prior bond ;
Application of payments made after new bond
(3) Payment made by such Postmaster subsequent to the acceptance of the new bond, shall be applied first to the discharge of any balance due by him at the time of such acceptance, unless the Postmaster General shall otherwise direct ;
Limitation of suits against sureties
(4) And no suit shall be instituted against any Surety of a Post master after the lapse of two years from the death, resignation or removal from office of such Postmaster, or from the date of the acceptance of a new bond from such Postmaster.
Accountability of Postmasters to be enforced by Postmaster General
47. The Postmaster General may appoint the periods at which each Postmaster or person authorized to receive postage or any class or number of Postmasters or persons respectively, shall render his or their accounts,—And if any Postmaster or any such other person neglects or refuses to render his accounts, and to pay over to the Postmaster General the balance by him due at the end of any such period, the Postmaster General may cause a suit to be commenced against the person or persons so neglecting or refusing.
Penalty for delay in the rendering of accounts
48. If any Postmaster neglects to render his accounts for one month after the time or in the form and manner prescribed by the Postmaster General's instructions and regulations, he shall forfeit double the value of the postages which have arisen at the same office in any equal portion of time previous or subsequent thereto, to be recovered by the Postmaster General in an action of debt on the bond against the Postmaster and his sureties, and for which the sureties shall be liable.
Postmasters at Cities to render accounts of emoluments under oath
49. The Postmaster at each of the Cities of Canada and at any Town or place in Canada when required so to do by the Postmaster General, shall render Accounts to the Postmaster General, under oath, in such form as the letter shall prescribe, for the purpose of giving full effect to this section, of all emoluments or sums by them respectively received for boxes or pigeon-holes, or other receptacles for letters or papers, and by them charged for to individuals, or for the delivery of letters or papers at or from any places in such Cities, Towns or places respectively other than the actual Post Offices of such Cities, Towns or places respectively, and of all emoluments, receipts and profits that have come to their hands by reason of keeping Branch Post Offices in such Cities respectively ;
Sums so received to be paid over as Post Office Revenue, the Postmaster retaining only the amount of his authorized salary and allowances
(2) And whatever sum appears from such account to have been received by the Postmaster at any City, Town or place for such boxes and pigeon-holes, and other receptacles for letters and papers, and for delivering letters or papers at or from any place in such City other than the said Post Office, and by reason of keeping a Branch Post Office or Branch Post Offices in such City, shall be then paid to the Postmaster General as Post Office Revenue ;—And no Postmaster shall, under any pretence whatsoever, have or receive or retain for himself, any greater or other allowance or emolument of any kind, than the amount of his salary and allowances as fixed and authorized by law or by the Postmaster General.
Postmaster General may fix such salary on per centage in certain cases
50. Postmaster whose salaries are not fixed by Law may be paid by a percentage on the amount collected by them or by such salary, as the Postmaster General by Regulation may determine, in each case, having due regard to the duties and responsibilities assigned to each Post Office.
MAIL CONTRACTS AND CONTRACTORS.
Mail contracts for more than $200 per ann. to be awarded only after advertizing for tenders
51. The Postmaster General, before entering into any contract for carrying the Mail involving an annual cost of more than two hundred dollars, shall give at least six weeks previous notice by advertisement in one or more of the newspapers published in or nearest to the County or Counties where the contract is to be performed,—that such Contract is intended to be made, and of the day on which tenders for the same will be by him received ;
Contract to be awarded to the lowest bidder giving good security
(2) And the contracts in all cases in which there is more than one tender, shall be awarded to the lowest bidder tendering sufficient security for the faithful performance of the contract, unless the Postmaster General is satisfied that it is for the interest of the public not to accept the lowest tender ;
If otherwise, reasons to be reported to the Governor
(3) The Postmaster General shall not be bound to consider the bid of any person who has wilfully or negligently failed to execute or perform a prior contract ; but in all cases where he does not give the Contract to the lowest bidder, he shall report his reasons therefor to the Governor, for the information of Parliament.
Lowest offer not to be accepted if deemed excessive
52. When in the opinion of the Postmaster General the lowest proposal received after public advertisement for the performance of a Mail contract is excessive, he shall not be compelled to accept the said proposal,but may in his discretion either re-advertise the said contract for further competition, or offer to the persons from whom proposals have been received, each in his turn, beginning with the lowest, such sum as he deems an equitable and sufficient price for the said contract, and may enter into a contract with such of the said persons as will accept such offer.
Proceeding in such case
Postmaster may be allowed to be a Contractor
53. It shall be within the discretion of the Postmaster General to authorize and allow a Postmaster to undertake and perform a contract for the transportation of a Mail, subject to the regulations applying to all Mail contracts, when, in his opinion, the interests of the public service will be thereby promoted.
Every tender to be accompanied by a written guarantee to give good security
54. Every proposal for carrying the Mail shall be accompanied by an undertaking, signed by one or more responsible persons, to the effect that be or they undertake that the bidder will, if his bid be accepted, enter into an obligation, within such time as may be prescribed by the Postmaster General, with good and sufficient sureties, to perform the service proposed :
Penalty for failure to give security after acceptance of tender
(2) If, after the acceptance of a proposal and notification thereof to the bidder, he fails to enter into an obligation within the time prescribed by the Postmaster General, with good and sufficient sureties for the performance of the service, then the Postmaster General shall proceed to contract with some other person for the performance of the said service, and may forthwith cause the difference between the amount contained in the proposal so undertaken, and the amount for which he has connected for the performance of the said service, for the whole period of the proposal, to be charged up against the said bidder and his surety or sureties,and the same may be immediately recovered for the use of the Post Office in an action of debt in the name of the Postmaster General against either or all of the said persons.
Contracts for less than $200 per annum, to be let as the Postmaster General sees fit
55. The Postmaster General may at his discretion submit contracts for Mail transportation, involving an annual expense of less than two hundred dollars, to public competition in the manner and form prescribed for contracts of a greater annual charge,—or he may direct an agent to receive tenders for and execute such contracts on his behalf,—or he may in special cases conclude such contracts by private agreement when he conceives the public interest will be promoted by such a course ;—But he shall not pay under any such contract made by private agreement, a higher rate of annual payment for the service to be performed, than is ordinarily paid for services of a like nature under contracts let by public advertisement.
Contracts not to be made with persons who have combined to keep back tenders
56. No contract for carrying the Mail shall knowingly be made by the Postmaster General with any person who has entered into any combination, or proposed to enter into any combination to prevent the making of any bid for a Mail contract by any other person, or who has made any agreement, or has given or performed or promised to give or perform any consideration whatever, or to do or not to do any thing whatever, in order to induce any other person not to bid for a Mail contract.
As to Contracts with Railway or Steamboat Companies
57. The Postmaster General may contract for conveying the Mail with any Railway or Steam Boat Company either with or without advertising for such contract ; but all contracts involving the payment of a larger sum than one thousand dollars shall be submitted to the Governor in Council.
Abstracts of tenders to be recorded
58. The Postmaster General shall keep recorded, in a well bound Book, a true and faithful abstract of offers made to him for carrying the Mail, embracing as well those which are rejected as to which are accepted :—the said abstract to contain a description of each contract advertised for public competition, the dates of the offers made, the dates at which they were received by the Postmaster General, the names of the parties offering, the terms on which they propose to carry the Mail, the sum for which it is offered to contract, and the length of time the agreement is to continue ;—And the Postmaster General shall also put on file and preserve the originals of the propositions of which abstracts are here directed to be made, and shall report at each session of Parliament a true copy from the said record of all offers made for carrying the Mail as aforesaid :
Originals to be preserved
No contract to be for more than four years
(2) No contract shall be entered into for a longer term than four years, but the Postmaster General may in special cases, when in his opinion the service has been satisfactorily performed under an expiring contract, and on conditions advantageous for the public interest, renew the same with the same contractor for a further term of not exceeding four years.
59. The Postmaster General may make temporary contracts for such services until a regular letting in the form prescribed can take place.
Additional compensation limited
60. No additional compensation shall he made to any Mail Contractor so as to make the compensation for additional regular service exceed the exact proportion which the original compensation bears to the original service stipulated to be performed ;—And no extra allowance shall be made by the Postmaster General to any Contractor, for an increase of expedition in the transportation of the Mail, unless thereby the employment of additional stork or carriers by the Contractor is rendered necessary ; and in such case, the additional compensation shall never bear a greater proportion to the additional stock or carriers rendered necessary than the sum stipulated in the original contract bears to the stock and carriers necessarily employed in its execution.
And so of extra allowance
Her Majesty's Mail to be carried on Railways on terms and conditions to be fixed by Governor in Council
61. Her Majesty's Mail and persons travelling therewith on Postal service, shall at all times when thereunto required by the Postmaster General, be carried on any and every Railway made or to be made in Canada, and with the whole resources of the Railway Company if required, on such terms and conditions and under such Regulations as the Governor in Council makes.
POST OFFICE SAVINGS BANKS.
Postmaster General may establish Post Office Savings Banks
62. To enlarge the facilities now available for the deposit of small Savings, and to make the Post Office available for that purpose, and to give the direct security of the Dominion to every Depositor for repayment of all moneys deposited by him, together with the interest due thereon ; the Postmaster General may, with the consent of the Governor in Council establish a system of Post Office Savings Banks, in connection with a central Savings Bank established as a branch of the Post Office Department at the seat of Government.
Postmasters to receive and repay deposits
63. The Postmaster General may, with the consent of the Governor in Council, authorize and direct such Postmasters as he shall think fit, to receive deposits for remittance to the Central Office, and to repay the same, under such Regulations as he, with the sanction of the Governor in Council may prescribe in that respect.
Deposits to be entered in Depositor's Book and entry to be attested
64. Every Deposit received by any Postmaster appointed forthat Purpose shall be entered by him at the Time in the Depositor's Book, and the Entry shall be attested by him and by the dated Stamp of his Office, and the amount of such Deposit shall upon the Day of such Receipt be reported by such Postmaster to the Postmaster General,and the Acknowledgment of the Postmaster General, signified by the Officer whom he shall appoint for the purpose, shall be forthwith transmitted to the Depositor, and the said acknowledgment shall be conclusive Evidence of his Claim to the Repayment thereof, with the Interest thereon, upon Demand made by him on the Postmaster General ; and, in order to allow a reasonable Time for the Receipt of the said Acknowledgment, the Entry by the proper Officer in the Depositor's Book shall also be conclusive Evidence of the Title for Ten days from the Lodgment of the Deposit ; and if the said acknowledgment shall not have been received by the Depositor through the Post within Ten Days, and he shall, before or upon the Expiry thereof, demand the said Acknowledgment from the Postmaster General, then the Entry in his Book shall be conclusive Evidence of Title during another Term of Ten Days, and toties quoties :Provided always, that such Deposits shall not be of less Amount than One Dollar, nor of any Sum not a Multiple thereof, and that no sum of money deposited under this Act, shall at any time be liable to demand, seizure, or detention while in the hands of any Postmaster or while in course of transmission to or from the Postmaster General, under legal process against the depositor thereof.
Acknowledgment of deposit by Postmaster General to be transmitted to depositor within ten days
Deposit to be repaid to depositor on demand with the least possible delay
65. On Demand of the Depositor or Party legally authorized to claim on account of the Depositor, made in such Form as shall be prescribed in that Behalf, for Repayment of any Deposit, or any part thereof, the Authority of the Postmaster General for such Repayment shall be transmitted to the Depositor forthwith, and the Depositor shall be entitled to Repayment of any Sum or sums that may be due to him with the least possible delay after his Demand shall be made at any Post Office where Deposits are received or paid.
Name of Depositor or amount deposited or withdrawn not to be disclosed by officers
66. The Postmasters or other Officers of the Post Office engaged in the Receipt or Payment of Deposits shall not disclose the Name of any Depositor nor the Amount deposited or withdrawn, except to the Postmaster General, or to such of his Officers as may be appointed to assist in carrying into operation the provisions of this Act in relation to Post Office Savings Banks.
Money deposited to be paid over to Receiver General, and sums withdrawn to be repaid by him
67. All Moneys so deposited with the Postmaster General shall forthwith be paid over to the Receiver General of Canada and shall be credited to an Account called "Post Office Savings: Bank Account"; and all Sums withdrawn by Depositors, or by Parties legally authorized to claim on account of Depositors, shall be repaid to them by the Receiver General, through the Office of Her Majesty's Postmaster General and charged to such account.
Interest on all deposits to be payable for each $3, for each whole Calendar month, at 4 per cent per annum
68. The Interest payable to the Parties making such Deposits shall be at the Rate of Four Dollars per Centum per Annum, but such Interest shall not be calculated on any Amount less than Three Dollars or some Multiple thereof, and not commence until the First Day of the Calendar Month next following the Day of Deposit, and shall cease on the First Day of the Calendar Month in which such Deposit is withdrawn.
Interest when to become principal
69. On the thirtieth day of June in every year the interest on deposits shall be added to and become part of the principal money.
Certificates of deposit, bearing interest at five per cent, may be issued, for sums not less than $100
70. With the consent of the Governor in Council, the PostMaster General may whenever it may be deemed expedient, issue certificates of deposit in sums of not less than one hundred dollars, and bearing interest at the rate of not exceeding five per cent per annum, to depositors who having like sums at the credit of their ordinary deposit accounts, may desire to transfer such sums from such ordinary deposit accounts, to a special deposit account represented by such certificates, and bearing the rate of interest specified thereon—and such certificate shall not be transferable, but shall be evidence of the depositors claim upon such special deposit account to the amount expressed in such certificate, with the interest due thereon, and shall be redeemable upon such previous notice as may be expressed thereon, and in all respects subject to such regulations as the Postmaster General, with the sanction of the Governor in Council, may make.
Post Office Savings Bank Regulations may be made by Postmaster General
71. Except as may be herein otherwise specially provided the Postmaster General may make, and from time to time, as he shall see occasion, alter, Regulations for superintending, inspecting, and regulating the mode of keeping and examining the accounts of depositors, and with respect to the making of deposits and to the withdrawal of deposits and interest, and all other matters incidental to the carrying the provisions of this Act in relation to Post Office Savings Banks into execution, by him,and all regulations so made shall be binding on the parties interested in the subject matter thereof to the same extent as if such regulations formed part of this Act and as respects evidence of such regulations and publication thereof, the provisions in these respects of the tenth section of this Act shall apply ;and copies of all regulations issued under the authority of this Act, in relation to Post Office Savings Banks, shall be laid before both Houses of Parliament within fourteen days from the date thereof, if Parliament shall be then sitting, and if not then within fourteen days from the next re-assembling of Parliament
Effect of Regulations
Copies to be laid before Parliament
Monthly return of receipts and payments to be published in Canada Gazette
72. As soon as possible after the end of each month, the Postmaster General shall make a return to the Auditor of Public Accounts of all monies received and paid during the preceding month, and of the total amount in deposit at the end of each month, and the auditor shall cause such monthly statement to be inserted in the Canada Gazette.
Monthly excess of cash balance over $500,000, to be invested in Govt. Debentures
73. Whenever the cash balance at the credit of the Post Office Savings Bank account at the end of any month, shall exceed five hundred thousand dollars ; it shall be the duty of the Auditor of Public Accounts to report such excess to the Minister of Finance, who shall, with the consent of the Board of Treasury, from time to time invest the amount of such excess in Government Debentures already issued by the Dominion, or by the Governments of either of the Provinces of Canada, Ontario, Quebec, New Brunswick or Nova Scotia, and which shall then be held in reserve by the Receiver General on account of the Post Office Savings Banks, and shall be available for repayment of deposits and of the interest due thereon, should the current Savings Bank money not be sufficient at any time for that purpose.
Annual account and statement to be laid before Parliament
74. An annual account of all deposits received and paid under the authority of this Act, and of the expenses incurred during the year ended the thirtieth of June, together with a statement of the total amount due at the close of the year to all depositors, shall be laid by the Postmaster General before both Houses of Parliament within ten days after the commencement of the next following session thereof.
Receiver General to credit Post Office Savings Bank account with accruel interest on invested surplus and interest at five percent on invested balance and debit it with expenses.—Profit to form part of, or loss to be made good from Consolidated Revenue Fund
75. All expenses incurred in maintaining the Post Office Savings Bank system shall be paid out of the moneys received under the provisions of this Act relating to such Savings Bank and the Receiver General shall credit to the Post Office Savings Bank account, interest at the rate of five per cent per annum on the uninvested balance from time to time at the credit of the said account, and also the interest accruing upon the Debentures in which surplus Post Office Savings Bank funds may have been invested as above provided for, and shall charge the said account with all moneys and interest paid to depositors and with all expenses incurred in maintaining the Post Office Savings Bank system, and the balance of profit, if any, shall form part of the Consolidated Revenue Fund, and in like manner the balance of loss, if any, shall be made good from the Consolidated Revenue Fund ; and a Statement spewing the result in each year ended thirtieth June, and the amount of profit or loss, as the case may be, shall be laid by the Receiver General before both Houses of Parliament within ten days after the commencement of the next following session thereof.
Annual Report to Parliament
76. The Postmaster General shall make to the Governor annually, so that they may be laid before Parliament within ten days after the meeting thereof in each Session, the following Reports, which shall be made up to the thirtieth day of June then last, that is to say :
General Account current, what to contain and shew
First. A Report of the finances, receipts and expenditure of the Post Office of Canada for the year ended on the thirtieth day of June previous, in the form of a General Account Current, shewing on the one side the whole amount of balances due to the Department from Postmasters or others at the time up to which the then last report was made, the whole amount of Postage that accrued within the year elapsed since such last report, and any and every other item of revenue or receipt ;—and on the other side of the Account, the charges and expenditures incurred by the Department within the said year, of every kind and nature, shewing in separate amounts the charges for Mail transportation, for salaries and commission and allowances to Postmasters, for printing and advertising, and for incidental and miscellaneous items of expenditure, shewing also the balance remaining due from Postmasters and others at the close of such year ;—and shewing in the shape of a Balance what the result of the operations of the Department is for the said year, whether to produce a surplus of revenue in excess of expenditure, or to cause the expenditure to exceed the revenue, and in either case, to what amount.
Payments for mail transport in detail
Second. A Report shewing in detail all payments made and charges incurred for Mail transportation during the said year, stating in each case the name of the contractor or party receiving payment, the Mail Route, the mode and frequency of transportation, and the sums paid ;
Salaries, &c., in detail
Third. A Report in detail of all charges for salaries, commissions and allowances, shewing in each case the name of the person, the service or duty performed, and the amount paid ;
Incidental Expenditure in detail
Fourth. A Report in detail of the expenditure of the Department within the said year for printing and advertising, and for all incidental and miscellaneous items of disbursement, shewing the sum paid under each head of expenditure, and the names of the persons to whom paid ;
Fifth. A Report of all contracts made for the transportation of the Mail within the year ending on the thirtieth day of June next preceding such report, stating in each case of contract its date and intended duration, the name of the Contractor, the routes embraced in the contract, with the length of each, with the times of arrival and departure at the ends of each route, the mode of transportation contracted for, and the price stipulated to be paid by the Department ;
Extra Allowances to contractors
Sixth. A Report of all allowances made to Contractors within the said year, beyond the sums originally stipulated in their respective contracts, and the reasons for the same, and of all orders made by the Department whereby additional expense is or will be incurred beyond the original contract price on any land or water route,—specifying in each case the route to which the order relates, the name of the contractor, the original service provided for by the contract, the original price, the date of the order for additional service, the additional service required, and the additional allowance therefor,—
Curtailments of expenses
also a Report of all curtailments of expenses effected by the Department within the said year, specifying in each case the same particulars, as required in cases of additional allowances ;
Fines imposed on Contractors
Seventh. A Report of all fines imposed and deductions from the pay of Contractors made during the said year, for failures to deliver the Mail or for any other cause, stating the names of the delinquent Contractors, the nature of the delinquency, the route on which it occurred, the time when the fine was imposed, and whether the fine has been remitted, or order for deduction rescinded, and for what reason ;
New Offices & Post Routes
Eighth. A Report of the new Offices and Post Routes established, and of the Offices and Post Routes discontinued or closed within the said year, shewing in the case of each Office and Post Route discontinued or closed, the reason for the proceeding ;
Cases of loss or abstraction of money letters
Ninth. A Report of all cases occurring within the said year of the abstraction or loss of letters containing money sent through the Post, shewing the particulars of each case, and stating the result of the proceedings instituted therein by the Department ;
Money Order Offices
Tenth. A Report of the Money-Order Offices in operation at any time within the said year, designating in each case the county wherein the Office is situate, the number and amount of Orders issued and paid, and the amount of commission arising thereupon at each office respectively,—distinguishing, with respect to the Commission, the proportion allowed as compensation to the Postmaster, and the proportion accruing to the Revenue in each case ;
Cost of Money Order System
Eleventh. The cost of the Money-Order system for the year to which the report relates, specifying in detail the disbursements for salaries, advertising, account books, printing, stationery and every other item of expenditure ;
Money Order offices opened or closed
Twelfth. The names of the additional Money-Order Offices opened, and of such Money-Order Offices as have been closed within the said year ;
Losses under Money Order System
Thirteenth. The losses, if any, sustained in conducting the Money-Order system, and how incurred ;
Tenders for Contracts
Fourteenth. Report of all offers made for carrying the Mails upon contracts advertised during the year ;
Fifteenth. Statement of Dead Letters received during the year, and of their contents, valuable or otherwise ;
Post Office Savings Bank transactions
Sixteenth. Statement of Post Office Savings Bank transactions during the said year and of the total amount due at the close of the same to all depositors.
OFFENCES AND PENALTIES.
Stealing, &c., Post Letter
77. To steal, embezzle, secrete or destroy any Post Letter shall be felony, punishable in the discretion of the Court by imprisonment in the Penitentiary, for not less than three nor more than five years ; unless such Post Letter contains any chattel, money or valuable security, in which case the offence shall be punishable by imprisonment in the Penitentiary for life ; or for a period not less than five years :
Stealing from a Post Letter
(2) To steal from or out of a Post letter any chattel, money or valuable security, shall he felony, punishable by imprisonment in the Penitentiary for life ; or for a period not less than five years ;
Stealing a Post Letter or Post Letter Bag
(3) To steal a Post Letter Bag, or a Post Letter from a Post Letter Bag, or a Post Letter from any Post Office, or from any officer or person employed in the Canada Post Office, or from a Mail,—or to stop a Mail with intent to rob or search the same,—shall be felony punishable by imprisonment in the Penitentiary for life ; or for a period not less than five years.
Opening a Post Letter Bag
(4) To open unlawfully any Post Letter Bag,—or unlawfully to take any letter out of such Bag,—shall be felony punishable by imprisonment in the said Penitentiary for five years;
Stealing parcel or its contents
(5) To steal, embezzle or secrete any Parcel sent by Parcel Post or any article contained in any such Parcel, shall be felony punishable by imprisonment in the Penitentiary for a period of not less than three years ;
Receiving stolen Post Letter or Post Letter Bag, &c
(6) To receive any Post Letter, or Post Letter Bag, or any chattel, money or valuable security, parcel or other thing the stealing, taking, secreting or embezzling whereof is hereby made felony, knowing the same to have been feloniously stolen, taken, secreted or embezzled, shall be felony, punishable by imprisonment in the Penitentiary for any term not less than five years,—and the offender may be indicted and convicted either as an accessory after the fact or for a substantive felony, and in the latter case whether the principal felon hath or hath not been previously Convicted, or is or is not amenable to justice ;—And however such receiver be convicted ; the offence shall be punishable as aforesaid ;
Unlawfully issuing Mosey Order
(7) To unlawfully issue any money order with a fraudulent intent, shall be felony punishable by imprisonment in the Penitentiary for a period of not less than three years ;
Forging any Postage Stamp, &c
(8) To forge, counterfeit or imitate any Postage Stamp issued or used under the authority of this Act, or by or under the authority of the Government or proper authority of the United Kingdom, or of any British North American Province, or of any Foreign Country, or knowingly to use any such forged, counterfeit or imitated stamp,—or to engrave, cut, sink or make any plate, die or other thing whereby to forge, counterfeit or imitate such stamp or any part or portion thereof,—or to have possession of any such plate, die or other thing as aforesaid, except by the permission in writing of the Postmaster General, or of some Officer or person who, under regulations made in that behalf, may lawfully grant such permission,—or to forge, counterfeit or unlawfully imitate, use or affix, to or upon any letter or packet, any stamp, signature, initials or other mark or sign purporting that such letter or packet ought to pass free of postage, or at a lower rate of postage, or that the postage thereon or any part thereof hath been prepaid or ought to be paid by or charged to any person, department or party whomsoever,—shall be felony, punishable by imprisonment in the Penitentiary- for life, or for a period not less than fine years, and to such felony, all the provisions of any Act respecting Forgery, shall apply as if such offence were made felony under that Act, in so far as the provisions thereof are not inconsistent with this Act, and the accessories to any such offence shall be punishable accordingly ;
Forging Money Order on Depositor's Book, &c
(9) To forge, counterfeit or imitate any Post Office Money Order, or advice of such Monet. Order, or Post Office Savings Bank Depositor's Book, or authority of the Postmaster General for repayment of a Post Office Savings Bank deposit or of any part thereof,—or any signature or writing in or upon any Post Office Money Order, Money Order advice, Post Office Savings Bank Depositor's Book, or authority of Postmaster General, for repayment of a Post Office Savings Bank deposit or of any part thereof, with intend to defraud, shall be a felony punishable by imprisonment in the Penitentiary fur any term not less than two years and not exceeding seven years, and the accessories to any such offence shall be' punishable accordingly ;
Stealing &c., Mail-key or Mail-lock
(10) If any person steals, purloins, embezzles, or obtains by any false pretence, or aids or assists in stealing, purloining, embezzling or obtaining by any false pretence, or knowingly or unlawfully makes, forges or counterfeits, or causes to be unlawfully made, forged or counterfeited, or knowingly aids or assists in falsely and unlawfully making, forging or counterfeiting any key suited to any lock adopted for use by the Post Office Department, and in use on any Canada Mail or Mailbag, or has in his possession any such Mail-key or any such Mail-lock, with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold or otherwise disposed of,—such person shall, on conviction, be deemed guilty of felony, and shall be punished by imprisonment in the Penitentiary for a period not exceeding seven years ;
Unlawfully opening, &c., Post Letter Bag or Post Letter
(11) To open unlawfully or wilfully to keep, secrete, delay or detain, or procure or suffer to be unlawfully opened, kept, secreted or detained, any Post Letter Bag, or any Post Letter,—whether the same came into the possession of the offender by finding or otherwise howsoever,—or after payment or tender of the postage thereon, (if payable to the party having possession of the same) to neglect or refuse to deliver up any Post Letter to the person to whom it is addressed or who is legally entitled to receive the same,—shall be a misdemeanor ;
Stealing, &c., certain other mailable matter
(12) To steal or for any purpose to embezzle, or secrete, any printed vote or proceeding, newspaper, printed paper, or hook, packet or package of patterns or samples of merchandize or goods or of seeds, cuttings, bulbs, roots, scions or grafts sent by mail, shall be a misdemeanor ;
Wilfully destroying matter sent by mail or Parcel Post
(13) Wilfully and maliciously to destroy, damage, detain or delay any Parcel sent by Parcel Post, any packet or package of patterns or samples of merchandize or goods, or of seeds, cuttings, bulbs, roots, scions or grafts, or any printed vote or proceeding, newspaper, printed paper or book or other mailable matter, not being a post letter, sent by Mail, shall be a misdemeanor ;
Enclosing explosive substance in matter sent by Post
(14) To enclose in or with any letter, packet or other mailable matter sent by Post, or to put into any Post Office any explosive, dangerous or destructive substance or liquid or any matter or thing likely to injure any letter or other mailable matter or the person of any officer or servant of the Post Office shall be a misdemeanor, unless such offence is or shall be by law constituted a crime of greater magnitude ;
Enclosing letter in any other mailable matter
(15) To enclose a letter or letters or any writing intended to serve the purpose of a letter, in a Parcel posted for the Parcel Post, or in a packet of Samples or Patterns posted to pass at the rate of postage applicable to Samples and Patterns, or to inclose a letter or any writing to serve the purpose of a letter, or to inclose any other thing, in a Newspaper posted to pass as a Newspaper at the rate of postage applicable to Newspapers (except in the case of the accounts and receipts of Newspaper Publishers which arc permitted to pass folded within the Newspapers sent by them to their subscribers) or to enclose a letter or any writing intended to serve the purpose of a letter in any mail matter sent by Post not being a letter, shall in each case be an offence punishable by a penalty of not less than ten and not exceeding forty dollars in each case ;
Removing postage stamp or mark thereon with fraudulent intent
(16) To remove with fraudulent intent from any letter, newspaper or other mailable matter, sent by Post, any postage stamp which shall have been affixed thereon, or wilfully with intent aforesaid remove from any postage stamp which shall have been previously used, any mark which shall have been made thereon at any Post Office, shall be a misdemeanor ;
Obstructing Mail, &c
(17) To obstruct or wilfully delay the passing or progress of any Mail or of any carriage or vessel; horse, animal or carriage employed in conveying any Mail, on any public highway, river, canal or water communication, shall be a misdemeanor ;
Cutting, &c., Post Letter Bag
(18) To cut, tear, rip or wilfully to damage or destroy any Post Letter Bag, shall be a misdemeanor ;
Being drunk on duty as a Mail Carrier, &c
(19) It shall be a misdemeanor for any Mail Carrier or any person employed to convey any Mail, Post Letter Bag, or Post Letters, to be guilty of any act of drunkenness, negligence or misconduct whereby the safety or punctual delivery of such Mail. Post Letter Bag, or Post Letters might be endangered,— or contrary to this Act or any Regulation made under it, to collect, receive or deliver any letter, or other mailable matter—or to neglect to use due care and diligence to convey any Mail Post Letter Bag, or Post Letter, at the rate of speed appointed therefor by the Regulations then in force or the contract under which he acts ;
Refusing to allow Mail to passthrough Toll-gate
(20) It shall be a misdemeanor for any Toll-gate Keeper to refuse or neglect forthwith upon demand to allow any Mail or any carriage, horse or animal employed in conveying the same to pass through such Toll-gate, whether on pretence of the nonpayment of any toll or other pretence whatsoever ;
Detaining, &c., Mail at Ferry
(21) It shall be a misdemeanor for any ferryman wilfully to detain or delay or refuse to convey over, a mail at his ferry ;
Wilfully contravening regulations
(22) Any wilful contravention of any Regulation lawfully made under this Act, shall be a misdemeanor, if declared to be so by such regulation ;
Soliciting the commission of any such felony or misdemeanor
(23) To solicit or endeavour to procure any person to commit any act hereby made or declared a felony or misdemeanor, shall be a misdemeanor ;
Punishment for misdemeanor
(24) And every such offence declared to be a misdemeanor by this Act shall be punishable by fine or imprisonment or both in the discretion of the Court before whom the offender is convicted ;
Accessories and abettors to be punishable as principals
(25) Every principal in the second degree and every accessory before or after the fact to any such felony as aforesaid, shall be guilty of felony, and punishable as the principal in the first degree ;—And every person who aids, abets, counsels or procures the commission of any such misdemeanor as aforesaid, shall be guilty of a misdemennor and punishable as a principal offender ;
Imprisonment if for two years to be in Penitentiary
(26) Any imprisonment awarded under this Act shall be in the Penitentiary of that part of the Dominion in which the conviction shall take place, if for a term of or exceeding two years ;—and if the imprisonment awarded be for a less term, it may be with or without hard labour in the discretion of the Court awarding it.
Embezzlement or unlawful use of money entrusted to him by an officer of or connected with the Post Office, to be felony
78. If any Officer of or connected with the Post Office converts to his own use in any way whatever, or uses by way of investment in any kind of property or merchandize, or loans with or without interest, any portion of the public moneys entrusted to him for safe keeping, transfer, disbursement, or for any other purpose,—every such act shall be deemed and adjudged to he an embezzlement of so much of the said moneys as are thus taken, converted, invested, used or loaned which is hereby declared to be a felony,—And the neglect or refusal to pay over any public moneys in his hands, or to transfer or disburse any such moneys promptly, on the requirement of the Postmaster General, shall be primâ facie evidence of such conversion to his own use of so much of the public moneys as are in the hands of such officer ;—And all persons advising or knowingly and willingly participating in such embezzlement, upon being convicted thereof before any Court of competent jurisdiction, shall for every such offence forfeit and pay to Her Majesty, Her Heirs or Successors, a fine equal to the amount of the money embezzled, and shall sutler imprisonment for a term not less than three months, and not more than seven years.
Penalty for advising, &c., such embezzlement, &c
None but Postmasters to sell postage stamps without license
79. It shall not be lawful for any person other than a Postmaster to exercise the business of selling Postage Stamps or Stamped envelopes to the Public unless duly licensed so to do by the Postmaster General and under such conditions as he may prescribe ;and any person who shall violate this provision by selling Postage Stamps or Stamped envelopes to the Public without a license from the Postmaster General, shall on conviction before a Justice of the Peace, incur a penalty of not exceeding forty dollars for each offence.
Wilfully injuring, &c. Street Letter Box, &c. to be a misdemeanor
80. If any person wilfully or maliciously injures or destroys any Street Letter Box, Piller Box or other receptacle established by authority of the Postmaster General for the deposit of letters or other mailable matter, such person shall, on conviction, be deemed guilty of a misdemeanor punishable by fine or imprisonment or both in the discretion of the Court before which the offender is convicted, and every person who aids, abets, counsels or procures the commission of this offence shall be guilty of a misdemeanor and be indictable and punishable as the principal offender.
Penalty for using postage stamp used before
81. If any person uses or attempts to use in prepayment of postage on any letter or mailable matter posted in this Province, any postage stamp which has been before used for a like purpose, such person shall be subject to a penalty of not less than Ten and not exceeding Forty dollars for every such offence, and the letter or other mailable matter on which such stamp has been so improperly used may be detained, or in the discretion of the Postmaster General forwarded to its destination charged with double postage.
Penalty for placing the words " Post Office," on house, &c., without authority
82. If any person without the authority of the Postmaster General, the proof of which authority shall rest on such person, shall place or permit or cause to be placed or to remain, on his house or premises, the words Post Office or any other words or mark which may imply or give reasonable cause to believe that such house or premises is or are a Post Office or a place for the receipt of letters, he shall on conviction before a Justice of the Peace incur a penalty of not exceeding ten dollars for each offence.
PROCEDURE, CRIMINAL AND CIVIL.
Venue, &c., cases of indictable offences against this Act
83. Any indictable offence against this Act may be dealt with, indicted and tried and punished, and laid and charged to have been committed either in the district or county or place where the offence is committed, or in that in which the offender is apprehended or is in custody, as if actually committed therein ;
Venue, &c., in cases of offences committed in respect of Mails, &c., in transit
(2) And where the offence is committed in or upon, or in respect of a Mail, or upon a person engaged in the conveyance or delivery of a Post letter bag, or Post letter, or chattel or money or valuable security sent by Post, such offence may be dealt with and enquired of, tried and punished and charged to have been committed as well within the district, county or place in which the offender is apprehended or is in custody, as in any district, county or place through any part whereof such Mail, person, post letter bag, post letter, chattel, money or valuable security, passed in the course of conveyance and delivery by the Post, in the same manner as if it had been actually committed in such district, county or place ;
As to roads, &c., forming boundaries
(3) And in all cases where the side or centre or other part of a highway, or the side bank, centre or other part of a river or canal, or navigable water, constitutes the boundary between two districts, counties or places, then to pass along the same, shall be held to be passing through both ;
Accessories and abettors and their offences may be dealt with, and laid and charged in like manner as principals and their offences
(4) And every accessory before or after the fact, if the offence be felony,—and every person aiding or abetting or counselling or procuring the commission of any offence if the same be a misdemeanor,—may dealt with, indicted, tried and punished as if he were a principal, and his offence may be laid and charged to have been committed in any district, county or place, where the principal offence might be tried.
Property of any mailable matter sent by post, may be laid in the Postmaster General
84. In every case where an offense is committed in respect of a Post letter bag, or a Post letter, or other mailable matter chattel, money or a valuable security, sent by Post, in the indictment to be preferred against the offender, the property of such Post letter bag, Post letter, or other mailable matter, chattel, money or valuable security, sent by Post, may be laid in the Postmaster General ;—And it shall not be necessary to allege in the indictment or to prove upon the trial or otherwise, that the Post Letter Bag, Post letter, or other mailable matter, chattel or valuable security was of any value :
Value need not be alleged or proved
Property of other things and of postage money to be laid in Her Majesty
(2) But except in the cases aforesaid, the property of any chattel or thing used or employed in the service of the Post Office or of moneys arising from duties of postage, shall be laid in Her Majesty, if the same be the property of Her Majesty, or if the loss thereof would be borne by the Dominion and not by any party in his private capacity ;
General allegation of employment of accused in the Post Office of Canada, sufficient
(3) And in any indictment against any person employed in the Post Office of Canada, for any offence against this Act, or in any indictment against any person for an offence committed in respect of some person so employed, it shall be sufficient to allege that such offender or such other person as aforesaid, was employed in the Post Office of Canada, at the time of the commission of such offence, without stating further the nature or particulars of his employment.
Postmaster General may compromise any action, &c
85. The Postmaster General, (subject always to the orders of the Governor,) may compromise and compound any action, suit or information at any time commenced by his authority or under his control, against any person for recovering any pecuniary penalty incurred under this Act, on such terms and conditions as he in his discretion thinks proper, with full power to him or any of the officers and persons acting under his orders to accept the penalty so incurred or alleged to be incurred, or any part thereof, without action, suit or information brought or commenced for the recovery thereof.
Penalties to be recoverable with costs, by the Postmaster General, and to belong to the crown
86. All mere pecuniary penalties imposed by this Act or by any Regulation of the Postmaster General to be made under it, shall be recoverable with costs by the Postmaster General, by civil action in any Court having jurisdiction to the amount, and shall belong to the Crown, saving always the power of the Governor in Council to allow any part or the whole of such penalty to the Officer or party by whose information or intervention the same has been recovered, as in the case of penalties recovered under other laws relating to the collection of the Revenue ;—But all such penalties shall be sued for within one year after they are incurred, and not afterwards :
Limitation of actions fur penalties
Penalty of $40 or under, recoverable before one Justice of the Peace
(2) Provided that if the penalty do not exceed forty dollars, it may be recovered before any one Justice of the Peace, in a summary manner, and if not paid, may be levied by distress under warrant of such Justice ;—And if the penalty exceeds forty dollars, the offender may be indicted for a misdemeanor in contravening the provisions of this Act or of the regulations made under it, (instead of being sued for such penalty) and if convicted, shall be punishable by fine or imprisonment, or both, in the discretion of the Court.
If penalty exceed $40, offender may be indicted for a misdemeanor instead
Penalty recoverable on oath of one witness,—who may be a Postmaster or other officer, &c., of the Post Office
87. In any action or proceeding for the recovery of postage, or of any penalty under this Act, the same may be recovered on the evidence of any one credible witness, and any Postmaster or other officer or servant of the Post Office of Canada, shall be a competent witness, although he is entitled to or entertains reasonable expectation of receiving some portion or the whole of the sum to be recovered ; and the onus of shewing that any thing proved to have been done by the defendant was done in conformity to or without contravention of this Act, shall lie upon the defendant.
In action against Postmaster or other officer of the Post or his sureties, amount due may be proved by statement of account attested by accountant of the Post Office
88. In any action, suit or proceeding against any Postmaster or other officer of the Post Office of Canada, or his sureties, for the recovery of any sum of money alleged to be due to the Crown as the balance remaining unpaid of moneys received by such Postmaster or officer by virtue of his office, a statement of the account of such Postmaster or officer shewing such balance, and attested as correct by the certificate and signature of the Accountant of the Post Office of Canada, or of the officer then doing the duties of such Accountant, shall be evidence that such amount is so due and unpaid as aforesaid ;—And in every such suit it shall be lawful to demand and the judgment shall be rendered for double the amount proved by such account to be so due to the Crown by the defendant ;but nothing herein contained shall be construed to prevent the provisions of any Act respecting the Collection and Management of the Revenue, the Auditing of Public Accounts, and the liability of Public Accountants, from applying to such Postmaster or officer.
Revenue Management Act to apply
Suits, &c., by the Postmaster General to be brought in his name of office and may be continued, &c., by his successor
89. All suits, proceedings, contracts and official acts to be brought, had, entered into or done by the Postmaster General, shall be so in and by his name of office, and may be continued, enforced and completed by his successor in office as fully and effectually as by himself ;—nor shall the appointment or authority of any Postmaster General of Canada, or of any Postmaster, officer or servant of the Post Office of Canada, be liable to be traversed or called in question, in any case, except only by those who act for the Crown :
Suits for debts, &c., to be in the name of "The Postmaster General"
(2) And all suits to be commenced for the recovery of debts or balances due to the Post Office, whether they appear by bond or obligation made in the name of the existing or any preceding Postmaster General, or otherwise, shall be instituted in the name of "The Postmaster General."
PROTECTION OF OFFICERS.
Certain provisions of Customs Duties Acts to extend to officers of the Post Office
90. All enactments of any Act respecting the Customs, and more especially of the provisions for protecting officers and others employed in collecting duties or in preventing the evasion of the laws imposing duties, when in the performance of the duties of their office, or in respect of suits or proceedings against them for things done or alleged to he done in pursuance of any law, shall extend and apply in like manner to officers and persons employed in or under the Post Office of Canada, and to suits or proceedings against them for things done or alleged to be done under this Act.
Commencement of Act
91. This Act shall come into operation on the first day of April, one thousand eight hundred and sixty-eight.
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