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Postage Act 1806
(46 Geo 3 c.92, 16th July 1806)

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

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

II. 'And Whereas by an Act, made in the Forty-first Year of the Reign of His present Majesty, intituled, An Act for repealing the Rates and Duties of Postage in Great Britain, and granting other Rates and Duties in lieu thereof, and on Letters conveyed to or from any Part of the United Kingdom from or to any Place out of the said Kingdom, and by Packet Boats from or to the Ports of Holyhead and Milford Haven; it was amongst other Things enacted, that, from and after the passing of the said Act, it should be lawful to and for His Majesty's Post Master General to undertake, at the Expence of the Revenue of the Post Office, the Conveyance and Delivery of Letters directed to Persons abiding in Towns, Villages, and Places (not being Post Towns), from the respective Post Towns to which such Letters should be carried by the Post in the usual Manner; and also the Collection and Conveyance of Letters in and from Towns, Villages, and Places, in order to be sent by the Post, and to take such Sum and Sums of Money for the Use of His Majesty, His Heirs and Successors, for such respective Extra Services to be performed, as should and might be mutually agreed upon by and between the Postmaster General and the Inhabitants respectively: And Whereas it may be expedient to give Permission to the Post Master General to collect, convey, and deliver Letters in and from Towns, Villages, and Places, although such Letters may not have been previously sent by the Post, or may not be intended to be forwarded by the Post:' Be it therefore enacted, That, from and after the passing of this Act, it shall and may be lawful to and for His Majesty's Post Master General, in his Discretion, to undertake, at the Expence of the said Revenue, the Conveyance and Delivery of Letters directed to Persons abiding in Towns, Villages, and Places, (not being Post Towns) from any other Towns, Villages, and Places, (not being Post Towns); and also the Collection and Conveyance of Letters in and from any Towns, Villages, and Places (not being Post Towns) to any other Towns, Villages, and Places, (not being Post Towns); and to take such Sum and Sums of Money for the Use of His Majesty, His Heirs and Successors, for such respective Extra Services to be performed, as shall and may from Time to Time be mutually agreed upon by and between the Post Master General and the Inhabitants respectively.

III. Provided always nevertheless, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to hinder or prevent the Inhabitants of any such Towns, Villages, and Places respectively from carrying or re-carrying or employing any Messenger, Servant, or other Person, to carry or re-carry any Letters or Packets to or from such Towns, Villages, and Places respectively; any Thing herein contained to the contrary thereof notwithstanding.

IV. And be it further enacted, That the Monies to arise and be received for such extra Services as aforesaid shall, after paying the Expences incurred, be applied in such Manner as the present Rates of Postage are by Law applicable.

"35 G. 3. c. 53. ¶7,8. (respecting Letters sent by the Post from or to Non-commissioned Officers, Seamen, or Privates in Navy or Army at a low Rate of Postage,) recited and repealed. ¶5."

VI. And be it further enacted, That from and after the First Day of August One thousand eight hundred and six, it shall be lawful to and for each and every Seaman employed in His Majesty's Navy within any Part of His Majesty's Dominions, whilst such Seaman shall be actually employed in His Majesty's Service, and not otherwise, to send Single Letters by the Post on his own private Concern only, at the Rate of One Penny only for each such Letter, the same to be paid upon putting the same into the Post Office of the Town or Place from whence such Letter is intended to be sent by the Post: Provided nevertheless, that upon every such Letter so to be sent, the Name of the Writer, and his Class or Description in the Ship or Vessel to which he shall belong, shall be superscribed; and provided also, that upon every such Letter there shall be written, in the Hand Writing of and signed by the Officer having at the Time the Command of the Ship or Vessel, his Name and the Name of the Ship or Vessel commanded by him.

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

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

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

X. Provided always, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to Letters sent by or to Commissioned Officers, or Warrant Officers.

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

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

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

XIV. And be it further enacted, That if any Person or Persons whomsoever shall procure any such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer, or Private Soldier, to obtain the Signature of his Commanding Officer to any Letter or Letters to be sent by the Post, which shall not be on the private Concerns of such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer, and Private Soldier; or if any such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer, and Private Soldier shall himself obtain the Signature of his Commanding Officer upon any Letter or Letters which shall not be from such Seaman, Serjeant, Corporal, Trumpeter, Drummer, Fifer, or Private Soldier, and upon his own private Concerns only, in order to avoid the Payment of the Rates of Postage as by Law established, each and every Person so offending shall, for every such Offence, forfeit and pay the Sum of Five Pounds.

XV. And be it further enacted, That One Moiety of the several Penalties and Forfeitures by this Act imposed upon any Offender or Offenders against the same shall be to the Use of His Majesty, His Heirs and Successors, and the other Moiety to the Person who shall and will inform and sue for the same; and shall and may be recovered before any One or more Justice or Justices of the Peace for the County, City, Riding, Town or Place where the Offence shall be committed, either by the voluntary Confession of the Party, or upon the Oath or Oaths of One or more credible Witness or Witnesses, (which Oath or Oaths the said Justice or Justices is hereby authorized and required to administer,) and in default of Payment it shall and may be lawful for such Justice and Justices to commit such Offender or Offenders to the House of Correction for any Space (not exceeding One Month) or until such Forfeiture or Penalty shall be sooner paid.