Colonial Inland Post Office Act 1849
(12 & 13 Vict c.66, 28th July 1849)
An Act for enabling Colonial Legislatures to establish Inland Posts.
[28th July 1849]
WHEREAS under or by virtue of an Act passed in the Fifth Year of His late Majesty King George the Third, intituled An Act to alter certain Rates of Postage, and to amend, explain, and enlarge several Provisions in an Act made in the Ninth Year of the Reign of Queen Anne,and in other Acts, relating to the Revenue of the Post Office, and an Act passed in the First Year of Her present Majesty, intituled An Act for the Management of the Post Office, and an Act passed in the Fourth Year of Her present Majesty, intituled An Act for the Regulation of the Duties of Postage, and an Act passed in the Eighth Year of Her present Majesty, intituled An Act for the better Regulation of Colonial Posts, Her Majesty's Postmaster General has, by himself or his Deputies, the exclusive Privilege of establishing Posts, collecting, conveying, and delivering Letters, and collecting Postage, within Her Majesty's Colonies, and the Commissioners of Her Majesty's Treasury have Authority from Time to Time to fix the Rates of Postage to be charged within such Colonies: And whereas the said Postmaster General and Commissioners of Her Majesty's Treasury respectively have, in exercise of such Privilege and Authority, established Posts and fixed Rates of Postage in certain of such Colonies: And whereas it is expedient to authorize the Establishment of Posts and Postage Rates in Her Majesty's Colonies by the Legislatures of such Colonies:' Be it enacted, therefore, by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for the Legislatures or proper Legislative Authorities of Her Majesty's Colonies, or any of them, by Acts, Laws, or Ordinances to be from Time to Time for that Purpose made and enacted in the Manner and subject to the Conditions by Law required in respect of Acts, Laws, or Ordinances of such Legislatures or Legislative Authorities, to make such Provisions as such Legislatures or Legislative Authorities may think fit for and concerning the Establishment, Maintenance, and Regulation of Posts or Post Communications within such Colonies respectively, and for charging Rates of Postage for the Conveyance of Letters by such Posts or Post Communications, and for appropriating the Revenue to be derived therefrom.
II. Provided always, and be it enacted, That where in any Colony Her Majesty's Postmaster General shall have actually established any Post or Post Communication, and his Powers and Privileges in relation to such Post or Post Communication shall not have determined under this Act, no such Act Law or Ordinance of the Legislature or Legislative Authority of such Colony in relation to the Matters aforesaid, or any of them, shall take effect, unless the same shall be assented to by Her Majesty, with the Advice of Her Privy Council, nor until the Time when such Assent shall be proclaimed in the Colony, or such subsequent Time as in the Order of Her Majesty in Council by which the Assent to such Act, Law, or Ordinance may be signified shall be fixed in this Behalf.
III. And be it enacted, That where, under the Provision herein contained, the Assent of Her Majesty in Council is required to such Act, Law, or Ordinance, the Rates of Postage charged in such Colony under the Acts herein-before referred to, or any of them, or under any Warrant or Warrants of the Commissioners of Her Majesty's Treasury issued in pursuance of such Acts or any of them, and the Authority of such Commissioners to fix the Rates of Postage to be charged in such Colony, and the Powers and Privileges of Her Majesty's Postmaster General, his Deputies, Servants, and Agents, in relation to the Posts or Post Communications within such Colony, shall, from the Time at which such Act, Law, or Ordinance shall take effect, cease and determine; and, save as aforesaid, the Authority, Powers, and Privileges aforesaid shall cease and determine upon the passing of such Act, Law, or Ordinance, unless Her Majesty shall think fit to disallow the same.
IV. Provided always, and be it enacted, That no such Act, Law, or Ordinance as aforesaid shall affect the Privileges, Powers, or Authorities of Her Majesty's Postmaster General, his Deputies, Servants, or Agents, or the Commissioners of Her Majesty's Treasury, otherwise than as respects the Posts or Post Communications within the Limits of the Colony by the Legislature or Legislative Authority of which such Act, Law, or Ordinance shall be made and enacted, and the Rates of Postage to be charged for the Transmission or Conveyance of Letters within such Limits.
V. Provided also, and be it enacted, That nothing herein contained shall affect the Provisions of an Act of the Tenth Year of Her Majesty, intituled An Act to make further Provision for the Government of the New Zealand Islands, or of any Act passed or to be passed in the present Session of Parliament, 'for the better Government of Her Majesty's Australian Colonies,' empowering the General Assemblies to be established or convened under such respective Acts to make Laws for regulating the Post Offices within and the Carriage of Letters between the said Islands and Colonies respectively, which should control and supersede any Laws, Statutes, or Ordinances repugnant, thereto enacted by the Assemblies of the separate Provinces of the said Islands or by the separate Legislatures of the said Colonies respectively.
VI. And be it enacted, That in this Act the Expression 'Her Majesty's Colonies' shall be interpreted according to the Meaning assigned to that Expression by the said Act passed in the Fourth Year of Her present Majesty; and the Term 'Letters' shall include Letters and Packets, Newspapers, Pamphlets, and other printed Papers.
VII. And be it enacted, That this Act may be amended or repealed in the present Session of Parliament.