TITLE XXI.-BONDS.

[THE following laws, which relate to bonds of a general nature, it is judged proper to insert under a separate title here: but numerous other bonds are required to be given touching specific articles or places, the regulations respecting which will be found under the distinct titles of such articles or places.]

[As to Bonds for the East India Company's goods, see TITLES 95 East Indies. and 104.]

[As to Bonds for West India goods, see TITLE 1.]

West Indies.

Rule 1. ALL bonds which have been or shall hereafter be taken by any 16 Geo. 3. officer, relating to the revenue and business of customs, upon which no pro- c. 45. § 2. secutions shall be commenced, for the breach or non-performance of any condition therein, within five years from the date of such bond (except bonds for duties, or other money due to the crown, and for the good behaviour of the officers in the execution of their duty), shall be void; and it shall be lawful for the commissioners of customs in England and Scotland, respectively, to order the several officers under their management, having the custody of such bonds, to cancel and destroy the same in such manner as they shall think

proper.

Rule 2. Every such bond, which has heretofore been or shall hereafter be 45 Geo. 3. entered into in relation to the revenue or business of customs, shall remain in c. 84. § 13. full force for two years, and may be prosecuted at any time within two years from the time limited in the condition of every such bond, for the performance thereof, any thing in the preceding act to the contrary thereof notwithstanding; and from the expiration of such two years, every such bond, upon which no prosecution shall have been commenced, shall be void, and may be cancelled and destroyed, as in the said act is directed.

Rule 3. It shall not be lawful for any officer of customs to cancel any 14. bond given upon the granting of any licence for the navigation of any vessel or boat, and for the preventing the owner or any other person using or employing such vessel or boat contrary to the laws in force for the prevention of smuggling; (a) or to deliver up any such bond to the obligor, or any other person, until the licence in respect whereof such bond was given hath been delivered up to the proper officer of customs for the space of 12 calendar months, or the penalty of such bond hath been paid to His Majesty.

TITLE XXII.-LETTERS.

[THE regulations contained in the following acts being of considerable importance to owners and masters of vessels, it has been deemed proper to insert them at large, although, in strictness, only a small portion of them comes within the plan of this book. The new law concerning letters to and from the East Indies, &c. will also be found under this title.]

&c.

Rule 1. THE postmaster general and his deputies, servants, and agents, and 9 Ann. no other person whatsoever, shall have the carrying and delivering of all let- c. 10. § 2. ters and packets whatsoever, which shall be sent to and from all parts and Who may places of Great Britain and Ireland, North America, the West Indies, and carry letters, other Her Majesty's dominions, and also to and from all the kingdoms and countries beyond the seas, where he shall settle or cause to be settled posts, or running messengers for that purpose: except such letters as shall respectively Exception. concern goods sent by common known carriers of goods by carts, waggons, or pack horses, and shall be respectively delivered with the goods such letters do

(a) The laws respecting the licensing of vessels and boats are under TITLE 2.

9 Ann. c. 10. concern, without hire or reward, or other profit or advantage for receiving or delivering such letters; and except letters of merchants, and masters, owners of any ships, barks, or vessels of merchandize, or any the cargo or loading therein, sent on board such vessels, whereof such merchants or masters are owners as aforesaid, and delivered by any masters of any such vessels, or by any other person employed by them for the carriage of such letters, according to their respective directions, so as such letters be delivered to the respective persons to whom they shall be directed, without paying or receiving any hire or reward, advantage or profit, for the same in any wise; and also except commissions, or the return thereof, affidavits, writs, process or proceedings, or returns thereof, issuing out of any court; and also any letter to be sent by any private friend in their way of journey or travel, or by any messenger sent on purpose for or concerning the private affair of any person.

Carriers, coachmen, watermen, &c. § 3.

Ship-letters

to be delivered at post

office, § 15.

Rule 2. Nothing in the said exception shall extend to give any licence or authority to any common known carrier of goods by carts, waggons, or pack horses, his servants or agents, to receive, collect, or deliver, with or without hire, any letter or packet of letters whatsoever, that do not concern goods in their carts, waggons, or on their pack horses, nor to any owners or drivers of stage coaches, nor to any owners, masters, or commanders of boats called passage-boats, sailing between any part of Great Britain or Ireland, and any places beyond the seas, nor their servants or agents, nor to any passenger on board such boats or vessels, nor to the owners or watermen on board of any boat, barge, or vessel, passing or re-passing on any river to and from any parts of Great Britain and Ireland, North America, or the West Indies, or other Her Majesty's dominions and territories, although such persons respectively do not receive any hire or reward, or other advantage, for the same; but all such persons collecting and delivering letters as aforesaid, though without hire or reward, are hereby declared to be persons offending against this act, and shall forfeit such sums of money, as persons collecting, receiving, conveying, and delivering of letters for hire, or setting up, employing, and maintaining any post contrary to this act, or that are or shall be concerned therein, are hereinafter enacted to forfeit. (a)

Rule 3. All letters and packets, that by any master of any vessel, or any and packets of his company, or any passengers therein, shall be brought to any port-town, or which shall arrive or touch at any port belonging to any port-town, within any Her Majesty's dominions, or any the members thereof, or which shall be on board any vessel, that shall touch or stay at any such port-town (other than such letters as are before excepted, or may be sent by common known carriers in manner aforesaid, or by a friend as aforesaid) shall by such master, passenger, or other person, be forthwith delivered unto the deputy only of such postmaster general for the time being, by him appointed, for such place or port-town, and to be by such deputy sent post unto the said general postoffice, to be delivered according to the several directions of the same; upon pain of forfeiting 51. for every offence against the tenor of this present act.

Reward to

Rule 4. Every such master or other person for every letter or packet of bringer, 16. letters he shall so deliver unto such deputy, shall receive the sum of Id. of such deputy, he signing a certificate of the number of letters delivered, and by what vessel they came, and of the time when he delivered the same to such deputy, and giving a receipt for such number of pence as he shall receive of such deputy.

5 Gro. 3.
r. 25. § 3.

Entry of vesaels.

Rule 5. No vessel shall be permitted to break bulk, or to make any entry in any port in the British dominions, until all letters and packets brought by any master of any such vessel, or by any of his company, or any passenger on

(a) By 42 Geo. 3. c. 81. § 5. no person whatsoever shall 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 the authority of the postmaster general, or his deputies, or to the nearest or most convenient post-town, to be from thence forwarded by the post, any letter or packet of letters, on pain of forfeiting for every such offence, 51.

board the same, to any port in the said dominions where posts are or hereafter 5 Geo. 8, may be established, and whence such letters and packets can or may be des- c. 25. patched by post, shall be delivered to the deputies or agents of the postmaster general, to be by them forwarded, according to their respective directions, in the same course that other letters are sent from such respective ports; except such letters, commissions, and other matters and things, as are excepted in the foregoing act of 9 Ann. and also except all such letters and packets as shall be brought in any vessel liable to the performance of quarantine; and all masters, mariners, passengers, and other persons neglecting or refusing to deliver the packets brought by them as aforesaid, shall, for every such neglect or refusal, respectively forfeit 201.

Rule 6. Whenever any foreign letter or packet, containing any enclosure, 24 Geo. 8. shall be received at any of the offices of the general post-office, it shall be law- sess. 2. c. 37. § 4. ful for any of the officers employed in the said office to carry such letter or Letters suspected to con. packet to any justice of peace, or other magistrate for the town, district, or taiu probibitcounty, in which such office shall be situate, and to make oath before such ed goods. magistrate, that he suspects the same to contain goods which are prohibited to be imported, or on the importation of which a duty is payable; and it shall then be lawful for him, in the presence of the said magistrate, to cut with a penknife in and through the folds of the said letter or packet, and its enclosure or enclosures, one opening of slit, not exceeding two inches in length; and if it shall then appear to the said magistrate that any such goods are contained therein, he shall proceed forthwith to open the said letter or packet, and shall immediately, in the presence of the said officer, destroy such goods; and in such case, the magistrate shall enclose such letter or packet in a cover, in which shall be written an attestation signed by him, containing the name of the officer by whom such letter or packet shall have been brought to him, the time of its being so brought, and the quantity and description of the goods found therein, and attesting that the same were then by him destroyed, and shall deliver the said letter or packet so enclosed, and also sealed by him, to the said officer, to be by him forwarded to the commissioners of customs, who shall, on the receipt thereof, cause to be paid to the said officer any sum not exceeding 51. nor less than 10s.

goods found,

Rule 7. If, on making such opening in such letter or packet, no such goods Letters openbe found therein, the said magistrate shall then enclose the same in a cover, ed, and no with an attestation signed by him, that the opening in such letter or packets. was made in his presence, and shall deliver the same, sealed up, to the said officer, to be transmitted by the ordinary course of the post to the person to whom such letter or packet shall have been directed when it was received at the post-office: provided that no additional postage shall be charged on any such letter or packet in consequence of these proceedings, nor shall any letter or packet be detained thereby beyond the due and regular course of the post, except in cases of the most urgent necessity.

Former act in

Rule 8. So much of 39 Geo. 3. c. 76. as grants a rate of postage of 4d. for 54 Geo. 3. every single letter, and so in proportion for packets, in addition to any inland c. 169. § 1. postage which may arise upon the inland conveyance of such letters and part repealed. packets, for letters and packets brought by vessels other than packet-boats from

54 Gen. 3. c. 169.

How persons bringing letfers to postoffice, aud

paying rate, may forward them, 3.

How persons may collect letters and

stamped.

places within His Majesty's dominions, and from kingdoms and countries beyond the seas into Great Britain, is hereby repealed.

Rule 9. It shall be lawful for His Majesty's postmaster general and his deputies to receive letters and packets directed to places within His Majesty's dominions, and to kingdoms and countries beyond the seas, from any persons who may bring the same to any post office in Great Britain, and who may be desirous to forward such letters themselves, and to affix upon each letter or packet such stamp, mark of postage, or designation, as the postmaster general in his discretion shall think proper and order, and thereupon to demand and receive, for the use of His Majesty, a rate of postage of one third part of the rates and duties payable by law for such respective letters and packets if the same were conveyed by packet-boats, and in cases where no rate of postage is already established, then to demand and take for such letters and packets, rates as nearly as can be ascertained equal to one third part of what is now paid for letters sent beyond the seas, and upon payment thereof to return such letters and packets to the persons bringing the same; and it shall be lawful for such persons to forward such letters and packets to the places to which they may be directed, by any vessels that they may think proper, not being packet boats, without incurring any penalty therefore, and without payment of any other rate or duty of postage.

Rule 10. It shall be lawful for His Majesty's postmaster general, by writing under his hand, and under seal of the office of postmaster general, to licence forward them, and authorize any person whatsoever to collect letters and packets in Great § 4. Britain directed to places within His Majesty's dominions, and to kingdoms and countries beyond the seas, for the purpose of being forwarded according to their directions by any vessels other than packet boats, provided that such persons so to be licensed shall, previous to forwarding the saine, bring such letters Letters to be and packets to the post office of the town or place to have a stamp, mark of postage, or designation put thereon, which stamp, mark of postage, or designation, the postmaster general and his deputies are hereby required to put thereon, and to demand and take, for the use of His Majesty, the same rates of postage as are hereby made payable for letters and packets to be forwarded by persons bringing the same in manner hereinbefore provided; and upon such payment being made, to return such letters and packets to the persons so to be licensed, and it shall be lawful for such authorized persons to forward such letters and packets by any vessels that they may think proper, not being packet boats, without incurring any penalty therefore, and without payment of any other rate of postage.

Rates.

East India Company, § 15.

59 Geo. 3. c. 111. § 3.

Rule 11. This act shall not prevent the East India Company, nor their court of directors, from sending and receiving, and causing to be sent and received, to and from any of their governments and servants abroad, all packets, letters, and papers whatsoever, relating to the affairs, business, and concerns of the said company, and of their several governments abroad, in the manner heretofore accustomed by the said company and their court of directors, without payment of any postage or duty, nor to subject any person to any penalty or forfeiture in respect thereof.

Rule 12. It shall be lawful for His Majesty's postmaster general, to de

c. 111.

ters and pack

mand, and take, for every letter or packet which shall be brought into Great 59 Geo. 3. Britain by any vessel arriving from Ceylon, the Mauritius, or any place within the limits of the charter of the East India Company or from the Cape of Good Hope, the rates following; viz. for every such letter or packet, a sea postage of Rates for letfour-pence; provided the same shall not exceed the weight of three ounces: ets from Inand for every letter or packet exceeding the weight of three ounces, a sea post- dia. age of 1s. per ounce, in addition to any inland or internal postage which may arise upon the inland conveyance of such letters and packets. And for the encouragement of the masters or commanders of such vessels, it shall be lawful for the postmaster general to allow to every such commander or master the sum of two-pence a letter or packet, upon all such letters and packets as he respectively, on their arrival from Ceylon, the Mauritius, or any place within the limits of the charter of the East India Company, or from the Cape of Good Hope, shall deliver unto the deputy or deputies of the postmaster general, according to the directions herein-after contained.

warded to

India, § 4.

Rule 13. It shall be lawful for His Majesty's postmaster general, and his How letters deputies by him thereunto authorized, in his and their discretion, to collect and may be for receive letters and packets of letters directed to Ceylon, the Mauritius, or any place within the limits of the said company's charter, or to the Cape of Good Hope, and to forward the same by any vessels that he in his discretion shall think fit; and also that it shall be lawful for His Majesty's postmaster general, and his deputies by him thereunto authorized, for the use of His Majesty, to demand and take, for every letter or packet that shall be delivered to him, or to his deputy, for conveyance in manner herein-before specified, the rates following; that is to say, for every such letter a sea postage of two- Rates for letpence; provided the same shall not exceed the weight of three ounces: and ters and packfor every letter or packet exceeding in weight three ounces, a sea postage at the rate of Is. per ounce.

Rule 14. It shall be lawful for His Majesty's postmaster general, and his deputies by him thereunto authorized, in his and their discretion, to receive newspapers or printed prices current, and also any printed paper liable to the stamp duties and duly stamped, for conveyance to such places; and also it shall be lawful for His Majesty's postmaster general, and his deputies, for the use of His Majesty, to demand, and take, for the conveyance of the same, the sum of one penny for each packet not exceeding one ounce, and for each packet exceeding one ounce, at the rate of one penny per ounce; provided always, that the same be sent in covers open at the sides.

ets to India.

Rates for newspapers,

&c. § 5.

otherwise

Rule 15. Nothing herein contained shall be construed to oblige any person Letters, &c. to send any letters or packets of letters, or any newspapers, or printed prices cur- forwarded, rent, or any other printed papers, to the East Indies, or to the islands of Ceylon than through or the Mauritius, or any place whatsoever within the limits of the charter of the post office, $6. said company, or to the Cape of Good Hope, through His Majesty's post office, but it shall be lawful for all persons to send letters and packets of letters, newspapers, printed prices current, and other printed papers to those places in any manner that they may find practicable and convenient.

to take bags,

§ 7.

Rule 16. The commanders of all vessels bound to Ceylon, the Mauritius, Commanders or any place within the limits of the charter of the said company, or to the Cape of Good Hope, are hereby required to receive on board their respective ships any bags of letters and packets which shall be tendered to them for con