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37 Geo 3 c.11
(Irish Parliament, 25th March 1797)

An Act for granting to His Majesty, His Heirs and Successors, certain Duties and Rates upon the Portage and Conveyance of all Letters and Packets within this Kingdom.
[25th March 1797]

FOR the better support of your Majesty's government, and the convenience of trade; 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 twenty-fifth day of March, one thousand seven hundred and ninety-seven, until the twenty-fifth day of March, one, thousand seven hundred and ninety-eight, inclusive, and no longer, it shall and may be lawful to and for the post-master-general of this kingdom for the time being, and his deputy and deputies, servants and agents, to and for the use of his Majesty, his heirs and successors, to demand, have, receive, and take for the portage and conveyance of all letters and packets which he shall convey, carry, or send post, to and from places within this kingdom, according to the several rates and sums of money herein after mentioned, that is to say, for the port and conveyance of every single letter or piece of paper, from the office in this kingdom, where such letter or piece of paper shall be put in, to any distance within the same not exceeding fifteen miles Irish measure, the sum of two pence; and to any distance exceeding fifteen miles and not exceeding thirty miles, the sum of three pence; and to any distance exceeding thirty miles, and not exceeding fifty miles, the sum of four pence; and to any distance exceeding fifty miles, and not exceeding eighty miles, the sum of five pence; and to any distance exceeding eighty miles, the sum of six pence; and for the port or conveyance of every double letter, double the said sums respectively; and for every treble letter, treble the said sums respectively; and for every ounce weight, four times the said sums respectively; and so in proportion for any greater weight than an ounce, reckoning every quarter of an ounce equal to a single letter; and that all letters and packets directed from any place in this kingdom to any part or parts in Great Britain, or beyond the seas, or received in this kingdom from Great Britain, or any part or parts beyond the seas, shall be charged and pay for their portage and conveyance within this kingdom, from or to Dublin, Waterford, or Donaghadee, or any other port where packet boats for the conveyance of letters to and from this kingdom, are or may be established, as they shall respectively be shipped from or landed in any of the said places, according to the rates aforesaid; and that every letter or packet passing through the general post-office in the city of Dublin, from any place within this kingdom not less distant than four miles from the general post-office in the said city, to any place within the said kingdom not less distant than four miles from the general post-office in the said city, shall be charged and pay according to the distances herein before mentioned, to Dublin, and be further charged and pay according to the same rates from Dublin; and that for every letter or packet directed on board, or brought or sent from on board any ship or vessel riding or stopping in any port within this kingdom, there shall be charged and paid to his Majesty, his heirs and successors, over and above the rates aforesaid, the sum of one penny.

II. And be it further enacted, That it shall and may be lawful to and for his Majesty's post-master-general of this kingdom, and his deputies, and he and they are hereby required to demand and receive for the port and conveyance of all letters and packets for Ireland from Great Britain, or foreign parts, in addition to the rates of postage hereby reserved, such further rates of postage as now are or hereafter shall be charged for the conveyance of such letters and packets by any act or acts now made, or hereafter to be made by the parliament of Great Britain ; and that his Majesty's post-master-general of this kingdom shall, and he is hereby authorized and required to account for and pay the same quarterly to the revenue of the post office of Great Britain; and that there shall be paid to his Majesty, his heirs and successors, for the delivery of every British or foreign printed newspaper, and for every printed vote or proceedings in parliament, arriving at the general post-office in Dublin, Waterford, or Donaghadee, or any other port where such packet-boats as aforesaid are, or shall be established, from Great Britain, without covers, or in covers open at the sides, the sum of one penny, over and above the postage which may be charged thereon, and accounted for to Great Britain ; and in like manner there shall be paid to his Majesty, his heirs and successors, for the port and conveyance through this kingdom of every printed newspaper, directed from any part of Ireland to any part of Great Britain, without covers, or in covers open at the fides, the sum of one penny, and no more, which sum of one penny shall be paid on the delivery of every such newspaper at the post-office from whence it shall be dispatched in this kingdom.

III. And be it enacted, That it shall and may be lawful to and for the post-master-general, for the time being, and his deputies, from and after the twenty fifth day of March, one thousand seven hundred and ninety-seven, until the twenty-fifth day of March, one thousand seven hundred and ninety-eight, inclusive, and no longer, to demand, have, receive, and take for the portage and conveyance of all letters and packets conveyed by the penny post, according to the several rates herein after mentioned; that is to say, that for the port and conveyance of any letter or packet, not being more than four ounces in weight, from and to any place within the limits of the circular-road about the city of Dublin, there shall be paid at the time of putting such letter or packet into the penny post-office the sum of one penny; and for the port and conveyance of every letter or packet not exceeding the like weight, from or to any place beyond the said limits so ascertained as aforesaid, from or to any place within the circuit of the penny post office, there shall be paid at the time of putting in such letter or packet, the sum of one penny, and a further sum of one penny on the delivery thereof; and that for every letter or packet of any weight which shall be sent to, or delivered from the general penny-post-office by the penny-post, from or to any place not being within the limits as before ascertained, there shall be paid the sum of one penny over and above, and exclusive of the several rates chargeable thereon.

IV. And be it enacted, That every bill of exchange, merchants account, invoice, or bill of lading, writ, process, or proceeding at law, written upon the same sheet, or piece of paper, with a letter, and every letter to or from several or distinct persons, written upon the same sheet or piece of paper, shall be rated, taxed, and paid for as so many several or distinct letters, according to the rates established by this act, or hereafter to be established by any act to be passed in this kingdom relative to the portage of letters within the same.

V. And whereas patterns of cloth, silk, stuff, and small samples of other sorts of goods, are frequently enclosed in a single letter or piece of paper, and sent by the post; be it enacted, That for every single letter or cover endorsed on the outside "patterns," containing, one or more paper or papers with patterns, or containing one or more pattern or patterns of cloth, silk, or stuff, or one or more sample or samples of any other sort of goods, and containing no other writing, matter, or thing, save only what appertains to such patterns or samples, if the same together do not exceed one ounce weight, the rates payable for a double letter by this act, or by any act to be passed in this kingdom, relative to the portage of letters within the same, shall be paid, and no more.

VI. And be it enacted, That the post-master-general for the time being, shall cause an account to be kept of all monies arising to his Majesty, his heirs and successors, by virtue of this act.

VII. And be it enacted, That the net revenue and monies arising by the rates and duties hereby granted to his Majesty, his heirs and successors, after paying all charges, out-goings, disbursements, expences and salaries necessary for the receipt and management of the same; and all expences attending the said office, and the due execution of this act, shall be paid into his Majesty's exchequer in this kingdom, in such manner, and at such time and times as his Majesty, his heirs and successors, or the lord lieutenant or other chief governor or governors of this kingdom for the time being, shall direct and appoint.

VIII. And be it enacted, That in case the post-master-general, or any person concerned in the execution of this act, shall neglect or refuse to perform any matter or thing whatsoever, according to the true intent and meaning of this act ; or if they, or any of them, or any other officer employed by virtue of this act, shall embezzle, divert, or misapply any of the monies by them, or any of them, collected or received by virtue of this act, contrary to the true meaning thereof, then and in every such case, every person so offending, shall forfeit his office, and be incapable to serve his Majesty, his heirs or successors, in any office or place of trust or profit, and shall be liable for every such offence, to pay treble the sums so embezzled, diverted or misapplied.

IX. And be it enacted, That neither the six pence per pound, nor any other fee shall be payable to, or be deducted or received by any officer or officers of this kingdom, to his or their use, for or on account of the issuing or payment of any sum or sums of money arising by, or which shall be received for or on account of the aids hereby granted to his Majesty, his heirs and successors, or of any payment to be made in pursuance of this act, but that the same shall be accounted for to his Majesty, his heirs and successors.

X. And be it enacted, That no letters or packets sent by the post to or from any place or places whatsoever, shall be exempted from paying the duty of postage according to the rates established by this act, other than and except such letters and packets as are herein after excepted, and in such manner, and under such restrictions as are herein after declared and enacted concerning the same; that is to say, all letters and packets not exceeding the weight of two ounces, and not coming from any foreign place or parts beyond the seas, and sent from and to any place or places within this kingdom during the sitting of any session of parliament, or within forty days before, or forty days after any summons or prorogation of the same, which shall be signed on the outside thereof by any member of either of the two houses of parliament in this kingdom, and whereof the whole superscription shall be of the hand-writing of such members, and shall have endorsed thereon in the same hand writing, and on the same side with such superscription and signature, the month, and the day of the month and year when the same shall be put into any post-office of this kingdom, to be forwarded by the post, the day and month to be in words at length; and shall also have endorsed thereon in the same hand-writing, the name of the post-town from which the same is intended to be sent.

XI. Provided always, That no such letter or packet shall pass free of the duty of postage, unless the member directing the same shall have actually been in the post-town, or within the district delivery of such post-town where such letters or packets shall be put in, to be forwarded by post on the day of the date superscribed on such letter or packet; and also except all letters and packets not exceeding the like weight, which shall during the sitting of any session of parliament, or within forty days before, or forty days after any summons or prorogation of the same, be directed from any place in this kingdom, to any member of either house of the parliament of this kingdom, at the place where he shall actually be at the time of the delivery thereof, or at any of his usual places of residence, or at the house of parliament of which he is a member; also all letters and packets from and to any place within this kingdom, directed to his Majesty's lieutenant-general or other chief governor or governors of this kingdom, the lord high chancellor, the lord high treasurer, the commissioners of the treasury, and their secretary, his Majesty's adjutant-general for the time being, in this kingdom, his Majesty's principal secretary of state for this kingdom, the chief secretary of such lieutenant general, or other chief governor or governors of this kingdom, the secretary for the provinces of Ulster and Munster, the under-secretary and first clerk for the civil department in the said chief secretary's office, the under-secretary and first clerk for the military department of the office of such chief secretary, the chief commissioner of the barrack board, or to his Majesty's post-master-general of this kingdom, the secretary of the said general post-office, the comptroller of the sorting-office in the said general post-office, and the surveyors of the said post-office, all for the time being; and all letters and packets sent by any of the said officers for the time being, from and to any place within this kingdom, which shall relate to the business of their respective offices, or their own private concerns only, and shall be signed, superscribed, and dated on the outside of such letters as aforesaid and in case any such officer shall receive under cover to him, with intent to evade the payment of any of the rates granted by this act, any letters or packets intended for, or directed to other persons, every such officer is hereby authorized and required to send the same to the general post-office in Dublin, in order that such letters and packets may be charged with the duty of postage payable thereon; it being the true intent and meaning of this act, that the privilege of sending and receiving letters and packets by such officers, shall extend to such letters and packets only, as relate to the business of their respective offices, or their own immediate and private concerns; and also, except letters and packets sent from the general post-office in Dublin, and which shall appear by an endorsement made thereupon by some person or persons (not exceeding two in number) authorized under the hand and seal of the post-master-general of this kingdom for the time being, to be on his Majesty's service, and shall be sealed with the seal of the said general post-office; which person or persons are hereby strictly forbid so to endorse and seal any letter or packet whatsoever, unless such only concerning which they shall receive the special directions of their superior officer, or which they shall themselves know to concern the business of the post-office; and if any person or persons authorized as aforesaid, under the hand and seal of the said post-master-general, shall knowingly make and subscribe such endorsement, or procure the same to be made on any letter or packet which does not really concern the business of the said general post-office, he shall for the first offence forfeit and pay the sum of five pounds, and for the second offence shall be dismissed from his office.

XII. And be it enacted by the authority aforesaid, That the clerk of the parliament, and the clerk of the house of commons, for the time being, shall and may respectively from and after the passing of this act, receive letters and packets free from the duty of postage.

XIII. And be it enacted, That all covers containing muster affidavits from the out-pensioners of the Royal-hospital, and sent from any place within this kingdom, directed to the register of the said hospital, shall be delivered to the said register free of the duty of postage, provided that every such cover shall be unsealed, and shall contain no other enclosure, save and except the said muster affidavits; and that all printed receipts for the pay of such out-pensioners, made up as a letter, or cover of a letter, and directed with the words, To        out-pensioner of the Royal-hospital being printed thereon, and signed with the seal of the paymaster of the Royal hospital, shall in like manner be delivered free of postage to such out pensioners within this kingdom, to whom they shall be respectively directed, provided such printed receipts shall not contain any enclosure; and if any such receipt, cover, or muster-affidavit, shall be found to contain any enclosure whatsoever, contrary to the true intent and meaning of this act, then and in that case, every such receipt made up as a cover or letter, and every such cover or muster-affidavit shall be charged and liable to treble the duty of postage, according to the rates established by this act, any thing herein contained to the contrary in any wise notwithstanding.

XIV. And be it enacted, That it shall and may be lawful to and for certain persons, who by virtue of their respective offices in Great Britain, have heretofore sent or received letters and packets free from the duty of postage, by virtue of, or under any act or acts of the British parliament, to send and receive by the post, letters and packets from Great Britain to any part of Ireland, or from any part of Ireland to Great Britain, free from the duty of postage, subject nevertheless to such limitations and restrictions as persons in this kingdom, who by virtue of their employments or offices, are permitted to send and receive letters and packets free of postage, are subject and liable to by this act.

XV. And whereas frauds may be practised in sending covers, letters, and packets by post, directed to members of parliament, and other persons privileged by this act to receive letters and packets free of the duty of postage, containing letters and packets intended for others, and not intended for such members or other persons to whom such covers, letters, and packets are so directed, whereby the persons for whom such letters and packets are really intended, may receive such covers, letters, and packets free from the duty of postage, to the injury of the revenue; for remedy whereof, be it enacted, That it shall and may be lawful to and for the said post master-general, and all persons acting under this act, to charge the whole of such covers, letters, and packets, with treble the duty of postage, according to the rates established by this act, any thing herein contained to the contrary notwithstanding.

XVI. Provided always, That if it shall appear by the certificate of such member, that such cover, letter, or packet, so charged, was actually intended for such member, or for some of his family, and not covering a correspondence to any person not resident in his house, that then and in every such case, the postage so charged and paid for every such letter, cover, or packet, shall be returned to such member.

XVII. Provided always, and be it further enacted, That nothing herein contained shall extend to charge with the duty of postage any printed votes or proceedings in parliament, or printed newspapers being sent by the post without covers, or in covers open at the sides, which shall be signed on the outside thereof by any member of parliament in this kingdom, or which shall be directed to any such member at any place within this kingdom, whereof he shall have given notice in writing to the post-master-general of Ireland, or which shall be sent by certain officers in the office of his Majesty's post-master-general, who shall be thereunto licensed by the said post-master-general respectively, but that all such votes, proceedings in parliament, and printed newspapers, so sent and signed as aforesaid, shall be received free of the duty of postage.

XVIII. Provided nevertheless, That no such printed newspaper shall pass free of postage from the general-post-office pursuant to any such notice, or from any other post-office in this kingdom, unless such newspaper shall be put into such post-offices of the cities or towns in which such newspapers shall be printed respectively, two hours at the least, before the time of the post being dispatched therefrom.

XIX. And whereas it is expedient that the non commissioned officers, seamen and privates, employed in his Majesty's navy, army, militia, fencible regiments, artillery, and marines, should whilst on service, be permitted to send and receive single letters by the post on their own private concerns, at a low rate of postage; be it therefore further enacted by the authority aforesaid, That from and after the passing of this act, no single letter sent by the post from any non-commissioned officer, seaman, or private employed in his Majesty's navy, army, militia, fencible regiments, artillery, or marines, shall whilst such non-commissioned officer, seaman, or private respectively, shall be employed on his Majesty's service, and not otherwise, be charged, or chargeable, by virtue of any act of parliament now in force, with an higher rate of postage than the sum of one penny, for the conveyance of every such letter; such rate of postage of one penny for every such letter, to be paid at the time of 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 no letter or letters, sent by the post from any non-commissioned officer, seaman, or private, employed in his Majesty's navy, army, militia, fencible regiments, artillery, or marines, shall be exempted from the payment of the rate of postage chargeable upon letters, according to the laws now in force, unless there shall be written upon every such letter, in the hand writing of, and signed by the commanding officer for the time being, of the ship or vessel, or of the corps, regiment, or detachment, to which each non-commissioned officer, seaman, or private, employed in his Majesty's service shall respectively belong, the name of such commanding officer, and of the ship, vessel, corps, regiment, or detachment, commanded by him.

XX. And be it further enacted by the authority aforesaid, That from and after the passing of this act, no single letter sent by the post from any non-commissioned officer, seaman, or private employed in his Majesty's navy, army, militia, fencible regiments, artillery, or marines, from any part of Great Britain, to Ireland, shall whilst such non-commissioned officer, seaman, or private respectively, shall be employed in his Majesty's service, and not otherwise, be charged, or chargeable with any rate of postage whatsoever, in case a duty for postage of one penny shall have been paid thereon in Great Britain, provided that no letter or letters sent by the post from any such non-commissioned officer, seaman, or private, shall be exempted from the rate of postage chargeable upon letters, according to the laws now in force, unless there shall be written upon every such letter in the hand writing of, and signed by the commanding officer for the time being, of the ship br vessel, or of the corps, regiment or detachment, to which such non-commissioned officer, seaman, or private, employed in his Majesty's service, shall respectively belong, the name of such commanding officer, and of the ship, vessel, corps, regiment, or detachment, commanded by him.

XXI. And be it further enacted by the authority aforesaid, That from and after the passing of this act, no single letter sent by the post, directed to any non-commissioned officer, seaman, or private, employed in his Majesty's navy, army, militia, fencible regiments, artillery, or marines, upon his own private concerns only, whilst such respective non-commissioned officer, seaman, or private, shall be employed in his Majesty's service, and not otherwise, shall be charged, or chargeable by virtue of any act of parliament now of force, with an higher rate of postage than the sum of one penny for each such letter, which sum of one penny shall be paid at the time of the delivery thereof; provided nevertheless, that no such letter shall be exempted from the rate of postage chargeable upon letters, according to the laws now in force, unless every such letter shall be directed to such non commissioned officer, seaman, or private, employed in his Majesty's service, specifying the ship, vessel, regiment, troop, corps, company, or detachment to which he may belong; provided also, that it shall not be lawful for the deputy post-master of the town or place to which such letter shall be sent to be delivered, to deliver such letter to any person, except to the non-commissioned officer, seaman, or private, to whom such letter shall be directed, or to any person employed to receive the same by the commanding officer of the ship, vessel, regiment, troop, corps, company, or detachment to which the non-commissioned officer, seaman, or private, to whom such letter shall be directed shall belong.

XXII. And be it enacted, That it shall and may be lawful to and for his Majesty's post-master-general of this kingdom, or any of the officers employed under him, to examine and search any packet sent within a cover, or in a cover open at the sides, in order to discover whether any letter or other paper or thing whatsoever be enclosed or concealed in or with such printed votes, proceedings, or printed newspapers; and in order to discover whether such printed newspapers shall have been duly stamped; and in case any letter or paper, or thing whatsoever shall be found to be enclosed, written, or concealed in, on, or with such printed votes, proceedings in parliament, or newspapers as aforesaid, or in case there shall be any writing, other than the superscription of such printed votes, proceedings, or newspapers, or any of them, or on, or in the cover thereof, the whole of such packet, shall be charged with treble the duty of postage by this act imposed; and in case any such newspaper shall appear not to have been duly stamped, every such officer is hereby required to stop the same, and send it to the commissioners of the stamp duties, at their office in the city of Dublin.

XXIII. And be it enacted, That if any person or persons whosoever, within this kingdom, shall forge or counterfeit the seal or hand-writing, or make use of the name of any person whomsoever in the superscription of any letter or packet to be sent by the post, in order to avoid the payment of the duty of postage, or shall forge, counterfeit, or alter, or shall procure to be forged, counterfeited, or altered, the date, place, or any other part of the superscription of any such letter or packet, or shall write, or cause to be written, or sent by the post any letter or packet, the superscription, or any part whereof shall be forged, counterfeited, or altered, in order to avoid the payment of the duty of postage, knowing the same to be forged, counterfeited, or altered; or if any person or persons within this kingdom, shall forge, or counterfeit, or alter, or procure to be forged, counterfeited, or altered, any certificate of any member of either house of the parliament of this kingdom, or of any other person entitled to the privilege of sending letters free of the duty of postage, in order to have the postage charged upon any cover, letter, or packet refunded; every person so offending, being thereof duly convicted, shall for the first offence forfeit the sum of fifty pounds, and for the second offence the sum of one hundred pounds, and for the third offence, shall be deemed guilty of felony, and shall be transported for seven years; and that it shall and may be lawful to and for his Majesty's post-master-general of this kingdom, and his deputies, and all persons acting under this act, to charge any letter or packet, the superscription whereof, or any part whereof, shall appear to be forged or counterfeited, or altered, with treble the duty of postage payable by virtue of this act; which duty shall be levied and paid, unless the member of either house of parliament, or other priviledged person whose superscription it imports to be, shall certify by writing under his hand to the post-master-general, or his deputies, that such superscription and every part thereof is of his hand-writing.

XXIV. And be it enacted, That if any collector or receiver, ferryman, or other person whatsoever, appointed, or entrusted or employed to take or receive the tolls or rates at any turnpike-gate or bar, erected upon any highways, bridges, or post roads, or at any ferry, or any person who has or shall have the care of any gate of any walled town, or the custody of the keys of such gate, shall demand and take any toll or rate for the coachman, post-boy, express-boy, or rider, guard, servant, or other person, horses or carriages conveying or employed to carry any mail or bag of letters in this kingdom, passing through, over, or across the same, or shall not permit and suffer the horses and carriages, together with the coachman, post-boy, express-boy, or rider, guards, servants, and other persons so employed, to pass through such toll-gates, bars, or gates, and across such ferries without delay; or if any ferryman shall not within the space of fifteen minutes after demand made, in all possible cases, convey the coachman, post-boy, express-boy, rider, guard, servant, and other persons, together with the horses and carriages employed as aforesaid, across such ferry, to the usual landing-place ; or if any person having the care of any gate of a walled town, or the custody of the keys of such gate, shall not within a quarter of an hour after demand made aloud at such gate, open the same, and admit the coachman, post-boy, express-boy, rider, guard, servant, or other persons, together with the horses and horse-carriages employed as aforesaid, such offender or offenders, being convicted thereof by the oath of such coachman, post-boy, express-boy, or rider, or other credible witness or witnesses, before any justice of the peace within the district wherein such offence shall be committed, which oath every justice is hereby authorized and required to administer, shall for every such offence forfeit the sum of twenty shillings, to be paid to the informer, and if the same shall not be forthwith paid upon such conviction, it shall and may be lawful for every such justice, and he is hereby required to commit the offender to the house of correction, there to remain until the said penalty or forfeiture shall be paid, or for any time not exceeding the space of twenty-one days, nor less than fourteen days from the time of commitment, unless such penalty or forfeiture shall be sooner paid.

XXV. Provided always, and be it enacted, That the post-master-general shall cause an account to be kept of all tolls payable on four-wheeled carriages, carrying or travelling with his Majesty's mails at the several and respective turnpike gates through which the same shall pass, and shall, from time to time, cause the amount thereof to be paid to the treasurers of the turnpike roads to whom the same are respectively payable, by four quarterly payments, any law or usage to the contrary notwithstanding.

XXVI. And be it further enacted, That all and every, the clauses, provisoes, powers, privileges, disabilities, penalties, forfeitures, and modes for the recovery of the same matters and things contained in an act made in the twenty-third and twenty-fourth years of his Majesty's reign, touching the said general post-office, and the said office, called the penny-post office, entitled, An act for establishing a post office within this kingdom; and also contained in an act made in the twenty-eighth year of his Majesty's reign, entitled, An act to explain and amend an act passed in the twenty third and twenty fourth years of his present Majesty's reign, entitled, An act for establishing a post-office within this kingdom: and also contained in an act made in the thirty-sixth year of his Majesty's reign, entitled, An act to further explain and amend an act passed in the twenty-third and twenty-fourth years of his present Majesty's reign, entitled, An act for establishing a post-office within this kingdom; and to explain and amend an act passed in the twenty-eighth year of his present Majesty's reign, entitled, An act to explain and amend an act passed in the twenty-third and twenty-fourth years of his present Majesty's reign, entitled, An act for establishing a post-office within this kingdom; and not herein, or by any other act passed in this kingdom, altered, amended, or repealed, shall be applied and extended, and shall be construed to apply and extend to this present act, as fully and effectually, to all intents and purposes, as if the same had been particularly repeated and re-enacted in this present act.