Post Office Act 1908

DEFINITIONS, CONSTRUCTION, COMMENCEMENT, REPEAL, SHORT TITLE

89 Definitions

In this Act, unless the context otherwise requires,—

• The expression “British possession ” does not include the Channel Islands or the Isle of Man :

• The expression “postage ” means the duty chargeable for the transmission of postal packets :

• The expression “inland,” when used in relation to any postal packet or any description thereof, means in the case of the British Islands posted within the British Islands, and addressed to some place in the British Islands, and in the case of a British possession posted within that possession and addressed to some place in it, and where used in relation to postage means the postage charged on the packet:

• The expression “inward bound ” when used in relation to any vessel shall include vessels bound as well to any port in the British Islands as to any port in a British possession:

• The expression “outward bound ” when used in relation to any vessel shall include vessels bound as well from any port in the United Kingdom as from any port in a British possession:

• The expression “master of a vessel ” includes every person (except a pilot) having command or charge of a vessel, whether the vessel is a ship of war or other vessel:

• The expression “mail ” includes every conveyance by which postal packets are carried, whether it be a carriage, coach, cart, horse, or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the Post Office for the transmission of postal packets by contract or otherwise in respect of postal packets transmitted by the vessel:

• The expression “mail bag ” includes a bag box, parcel, or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packets :

• The expression “postal packet ” means a letter, post card, reply post card, newspaper, book packet, pattern or sample packet; or parcel, and every packet or article transmissible by post, and includes a telegram:

• The expression “officer of the Post Office ” includes the Postmaster-General, and any person employed in any business of the Post Office, whether employed by the Postmaster-General, or by any person under him or on behalf of the Post Office :

• The expression “post office ” includes any house, building, room, carriage, or place used for the purpose of the Post Office, and any post office letter box :

• The expression “post office letter box” includes any pillar box, wall box, or other box or receptacle provided by the permission or under the authority of the Postmaster-General for the purpose of receiving postal packets, or any of them, for transmission by or under the authority of the Postmaster-General:

• The expression “telegraph post ” means a post, pole, standard, stay, strut, or other above-ground contrivance for carrying, suspending, or supporting a telegraph as defined by the [32 & 33 Vict. c. 73.] Telegraph Act, 1869 :

• The expression “indictment ” includes an information :

• The expression “misdemeanour ” means as regards the Channel Islands a crime and offence :

• The expression “valuable security ” has the same meaning as in the [24 & 25 Vict. c. 96.] Larceny Act, 1861, and includes anything which is a valuable security within the meaning of that Act, and any part of such thing:

• The expression “the purpose of the Post Office ” means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to Post Office money orders, Post Office telegraphs, or Post Office savings banks, and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by the Postmaster-General or any of his officers :

• The expression “Post Office regulations ” means regulations for the time being in force made under this Act by warrant of the Treasury, whether made upon the recommendation of the Postmaster-General or otherwise.

90 Meaning of “in course of transmission by post” and “delivery to or from a post office”

For the purposes of this Act—

(a) A postal packet shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the person to whom it is addressed ; and

(b) The delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post shall be a delivery to a post office ; and

(c) The delivery of a postal packet at the house or office of the person to whom the packet is addressed, or to him or to his servant or agent or other person considered to be authorised to receive the packet, according to the usual manner of delivering that person's postal packets, shall be a delivery to the person addressed.

91 Construction of reference to Post Office Acts

(1) Any reference contained in any enactment, warrant, deed, or document referring to the Post Office Acts, or any of them, or to the Post Office laws, shall be construed, so far as the context permits, as a reference to this Act, and any fines, penalties, and other sums directed to be recovered under the Post Office Acts, or any of them, or the Post Office laws may be recovered in like manner as fines and forfeitures under this Act may be recovered; and any reference in any enactment to an indictable offence under the Post Office laws shall be construed, so far as the context permits, as a reference to any offence punishable on indictment under this Act, whether it is or is not also punishable on summary conviction.

(2) Where by reason of any Act being declared to be a Post Office Act or its provisions to be Post Office laws any enactment repealed by this Act is applied for any purpose, the corresponding provisions of this Act shall apply in like manner.

(3) A reference in any enactment other than this Act to a post letter shall be construed to refer to a postal packet within the meaning of this Act.

92 Repeal of Acts in schedule

The Acts specified in the Second Schedule to this Act are hereby repealed from and after the commencement of this Act to the extent specified in the third column of that schedule :

Provided that—

(a) Any letters patent granted, warrant made, or other instrument issued, or post established in pursuance of any enactment hereby repealed, shall continue in force as if it had been granted, made, issued, or established in pursuance of this Act:

(b) Any officer appointed under any enactment hereby repealed shall continue and be deemed to have been appointed under this Act:

(c) This repeal shall not affect any Act or Ordinance of the Channel Islands or Isle of Man or of any British possession in force at the commencement of this Act :

(d) A warrant under this Act may, subject to the limitations in this Act contained, revoke and alter any existing rate of postage or other sums and any existing warrant and regulation made under any of the Acts repealed by this Act, but, so far as not so revoked or altered, any existing rate of postage or sum may continue to be charged, and any such existing warrant or regulation shall continue in force in like manner as if it had been made in pursuance of this Act.

93 Commencement of Act

This Act shall come into operation on the first day of May one thousand nine hundred and nine.

94 Short title

This Act maybe cited as the Post Office Act, 1908.