the-ordinances-of-the-legislative-counci-1890v3 — Page 157

1440 ORDINANCE No. 10 OF 1876.


Post Office.


Every person, who is convicted of any felony mentioned in this section shall be
liable, at the discretion of the Court, to be kept in penal servitude for any term not
exceeding seven years and not less than three years, or to be imprisoned for any term
not exceeding two years with or without hard labour.
Opening cor 29. Every person employed by or under the Post Office, who, without lawful
respondence
and other
misdemeanors . authority or excuse, opens, or suffers or procures to be opened, any correspondence ;
or who, without lawful authority or excuse, detains or delays or procures or su to

be detained or delayed , any correspondence ; or who wilfully delivers any correspond
ence to any person other than the person to whom the same ought to be delivered,
shall be guilty of a misdemeanor.
Every person who fraudulently obtains from any person employed by or under
the Post Office, or fraudulently detains, or wilfully secretes, keeps, or detains, any
letter bag, or any correspondence which ought to have been delivered to any other
person, shall be guilty of a misdemeanor.
Every person who fraudulently removes any postage stamp from any correspond
ence, or wilfully removes from any postage stamp any mark that has been made
thereon at any Post Office, or knowingly uses or puts off any postage stamp from
which any such mark has been removed, shall be guilty of a misdemeanor.
Every person who is convicted of any misdemeanor mentioned in this section.
shall be liable, at the discretion of the Court, to be imprisoned for any term not
exceeding two years with or without hard labour.

Receiving stolen 30. The sections of the Larceny Ordinance (No. 7 of 1865) relating to receiving
correspondence.
stolen goods, that is to say, sections 75 to 82, both inclusive, shall apply to felonies
and misdemeanors committed under this Ordinance ; and for that purpose, the
expression " this Ordinance " when used in the said sections shall be taken to include
the present Ordinance.

Allegations to 31. In any proceedings against any person for any offence committed against this
be used in pro
ceedings for
offences. Ordinance, in respect of any letter bag, or correspondence, it shall be sufficient to allege
such letter bag, or correspondence to be the property of the Postmaster General without
mentioning his name, and in any such proceedings against any person employed by or
under the Post Office , it shall be sufficient to allege that such person was employed by
or under the Post Office, without stating further the nature or particulars of his em
ployment.

Penalties may 32. All pecuniary penalties for offences against this Ordinance may be recovered
be recovered in
a summary way
within one year. in a summary way before a Magistrate, but proceedings for the recovery of such
[Ibid, sec. 23.)
penalties shall be commenced within one year after the offence was committed.

Repeal. 33. Ordinance No. 8 of 1862 is hereby repealed , but such repeal shall not affect
anything lawfully done or commenced to be done thereunder.

Suspending 34. This Ordinance shall take effect on a day to be hereafter proclaimed by the
clause.
Governor.