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Ferrymead Railway and Wharf Toll 1863

9. The Ferrymead Railway and Wharf Tolls Ordinance 1863

Whereas it is expedient to provide for the working of the Christchurch and Ferrymead railway, and of the wharf at Ferrymead, and to give power to the Superintendent to make By-laws for Regulating the management of the said railway and wharf:

Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. It shall be lawful for the Superintendent, by his Officers, Agents and Servants, to employ engines, carriages, and waggons on the said railway, and to carry upon the said railway all such Passengers and goods as shall be offered for that purpose, and to levy tolls in respect of the traffic on the said railway, and in respect of the use of the railway wharf at Ferrymead, at rates not exceeding

those set forth in the Schedules A and B respectively to this Ordinance.

2. Nothing in this Ordinance contained shall extend to charge or make liable the Superintendent, his Officers, or Agents, further or in any other case than where, according to the Laws of New Zealand, stagecoach Proprietors and common Carriers would be liable, nor shall extend in any degree to deprive the Superintendent of any protection or privilege which common Carriers or stage- coach Proprietors may be entitled to, but, on the contrary, the Superintendent,

his Officers and Agents, shall at all times be entitled to the benefits of every such protection and privilege.

3. It shall be lawful for the Superintendent, with the advice of the Executive Council, from time to time to make Regulations for the following purposes, that is to say:—

For regulating the mode by which, and the speed at which carriages using the railway are to be moved and propelled.

For regulating the times and places of the arrival and departure of such carriages.

For regulating the loading or unloading of such carriages, and the weights which they are respectively to carry.

For regulating the receipt and delivery of goods and other things which are to be conveyed upon such carriages, or placed upon such wharf.

For preventing the smoke of tobacco, and the commission of any other nuisance, in or upon such carriages, or in any of the stations or premises connected with the said railway and wharf.

And generally for regulating the travelling upon, or using and working of the said railway and the using of the said wharf.

4. For better enforcing the observance of all or any of such Regulations, it shall be lawful for the Superintendent, with the advice of the Executive Council,

to make By-laws, and from time to time to repeal or alter such By-laws and make others: Provided that such By-laws be not repugnant to any Law in force in the Province of Canterbury; and such By-laws shall be published in the Provincial Government Gazette and any person offending against any such By-law shall forfeit for every such offence any sum not exceeding Twenty Pounds, to be imposed by the Superintendent in such By-law as a penalty for any such offence; and if the infraction or non-observance of any such By-law or other such Regulation as aforesaid be attended with danger or annoyance to the public, or hindrance to the Superintendent, his Agents, or Lessees, in the lawful use of the said railway, it shall be lawful for the Superintendent, his Agents, or Lessees, ot their Servants, summarily to interfere to obviate and remove such danger,

nnoyance, or hindrance, and that without the prejudice to any penalty incurred by the infraction of any such By-law.

5. The substance of such last mentioned By-laws, after such By-laws have been published in the Provincial Government Gazette, as hereinafter provided, shall be painted on boards, or printed on paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous part of the said wharf, and of every station on the said railway, according to the nature or subject matter of such By-laws respectively, and so as to give public notice thereof to the parties interested therein or affected thereby; and such boards shall from time to time be renewed as aften as the By-laws thereon, or any part thereof, shall be obliterated or destroyed, and no penalty imposed by any such By-law shall be recoverable unless the same shall have been published, and kept published, in manner aforesaid.

6. Such By-laws, when so published and affixed, shall be binding upon and be observed by all parties, and shall be sufficient to justify all persons acting under the same; and for proof of the publication of any such By-law, it shall be sufficient to prove that such By-laws were published in the Provincial Government Gazette, and that a printed paper or painted board containing a copy of such By-laws was affixed and continued in manner by this Ordinance directed, and in case of its being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be.

7. It shall be lawful for the Superintendent, with the advice of the Executive Council, to let the said Railway and the rolling stock thereon, and the said Wharf, and the tolls so to be levied as aforesaid, for any term not exceeding three years from the time that such railway shall be opened for public traffic, upon such terms and conditions as he shall think fit, and during the maintenance of such lease all the powers and privileges granted to, and which might otherwise be exercised

and enjoyed by the Superintendent, his Officers, Agents, or Servants, by virtue of this Ordinance, except the making of By-laws, shall, subject to the terms of such lease, be exercised and enjoyed by the Lessee and the Officers and Servants of such Lessee; and such Lessee, his Officers, and Servants shall, in respect of the said railway and wharf, be subject to all restrictions and obligations as are by this Ordinance imposed on the Superintendent, his Officers, Agents, and Servants.

8. This Ordinance shall be entituled, and may be cited as "the Ferrymead

Railway and Wharf Tolls Ordinance, 1863."

Schedule A.

Goods, by dead weight or measurement, per ton, not exceeding twelve shillings and six-pence.

Ditto in parcels less than one ton, by dead weight or measurement, per parcel, not exceeding twelve shillings and six-pence.

Passengers, each, three shillings. Horses, each, five shillings.

Horned or neat cattle, three shillings each.

Calves, two shillings.

Sheep, pigs, goats, one shilling.

Other animals on such terms and at such rates as the Superintendent and

Executive Council shall from time to time determine.

SCHEDULE B.

Almonds, per package, twopence. Ditto, per barrel, threepence. Anchors, per cwt, twopence. Arrowroot, per package, twopence.

Apparel, personal luggage, fourpence. Bacon, per side, one penny.

Bags, per bale, fourpence. Bags, per bundle. twopence.

Bark, per ton, one shilling and sixpence.

Barley, wheat, oats, maize, or seed, per bag, one penny. Ditto, ditto, kits, one half-penny.

Beef or pork, per hhd., fivepence. Beef or pork, per tierce,threepence Beef and pork, per barrel, twopence. Beer and cyder, per hhd., fourpence.

Beer and Cyder, per barrel, threepence. Beer and cyder, 3 dozs, twopence.

Beer and cyder, 4 dozs., threepence. Biscuits, per barrel, twopence. Biscuits, per keg, twopence. Blankets, per bale, ninepence. Blacking, per case,threepence.

Bran, per bag, one penny.

Bricks or slates, per 1,000, two shillings and sixpence. Butter, per cask, twopence.

Boots or shoes, per package, sixpence. Books, per case, sixpence.

Cables, per cwt., twopence. Calico, per bale, ninepence. Candles, per box, one penny. Cannons, each, three shillings. Canvas, per bale, sixpence. Canvas, bolt, one half-penny. Carts, each, two shillings. Casks, empty, each, twopence.

Casks, water, each, threepence. Castings, per cwt., twopence. Carpets, per bale, sixpence. Carpets, per case, sixpence. Castor oil, per case, twopence.

Chairs, each, one penny. Chairs, per case, sixpence. Cement, barrel, threepence. Cheese, per case, fourpence. Cheese, loose, each, one penny. Cigars, per case, sixpence. Coals, per ton, one shilling. Coffee, per bag, three halfpence. Cordage, coil, three halfpence. Cork, per bag, twopence.

Curiosities, per package, sixpence. Currants, per caroteel, sixpence. Currants, per barrel, twopence.

Drays, each, one shilling and sixpence. Dates, per bag, one penny.

Drapery, per bale, ninepence. Drapery, per case, ninepence.

Earthenware or glass, per crate, one shilling. Earthenware or glass, per cask, ninepence. Figs, per package, twopence.

Fish, per bundle, twopence. Flax, per cwt., one penny. Floor cloth, per roll, fourpence. Flour, per 200lbs., one penny.

Flour, per 100lbs., one halfpenny. Furniture, per package, sixpence. Fruit, per case, twopence.

Ginger, per package, twopence. Glass, window, per case, twopence. Grindstones, each, one penny. Gunpowder, per barrel, threepence. Hams, per dozen, sixpence.

Hardware, per cask or hhd., sixpence. Hardware, per bag, keg, or bundle, one penny. Hats, per case, ninepence.

Hay, per truss, threepence. Hides, per dozen, sixpence. Hops, per package, sixpence.

Iron, per ton, one shilling and sixpence. Lard, per package, twopence.

Lead or shot, per cwt., twopence. Leather, per bale, threepence. Maize, per bushel, one penny.

Manufactures other than blankets or calico, package or case, ninepence. Matting, per roll, twopence.

Molasses, per cask, fourpence.

Nuts, per bag, twopence. Ditto, per barrel, twopence.

Oatmeal. per bag or barrel, twopence. Oars, per dozen, fourpence.

Oil, per tun, one shilling and sixpence. Oilmen's stores, per case, threepence. Paints, per cask, ninepence.

Paints, per keg, one penny to twopence. Paper, per bale or case, fourpence. Peas, per cask, twopence.

Pepper, per bag, twopence.

Pitch or tar, per barrel, twopence. Pipes, one penny to twopence.

Potatoes or vegetables, per ton, one shilling. Raisins, per cask, three pence.

Raisins, per case, twopence. Rice, per bag, one penny. Salt, per ton, one shilling. Salt, per bag, one penny.

Sago, per package, twopence. Shingles, per 1,000, threepence. Shooks, per bundle, one penny. Starch, per box, twopence.

Soap, per box, one penny. Skins, per dozen, twopence. Sugar, per hhd., one shilling. Sugar, per bag, one penny. Tea, per chest, twopence.

Tea, per half-chest, one penny. Tea, per box, one halfpenny. Timber, per 100 feet, twopence. Tobacco, per tierce, fourpence.

Tobacco, per keg or case, twopence. Tobacco, per basket or roll, one penny. Truss or roll sundries, twopence. Vinegar, per cask, threepence. Whalebone, per bundle, twopence. Wheelbarrows, each, fourpence.

Wines and spirits, pipe or punch, eightpence

Wines and spirits, per hhd., fourpence.

Wines and spirits, per quarter-cask, twopence. Wines and spirits, per case 4 gallons, fourpence. Wines and spirits, per case, 2 gallons, twopence. Wine, per 3 dozen, threepence.

Wool, per bale, threepence.

Wool-lashings, per coil, one penny.

UNENUMERATED GOODS.

Heavy, per ton, two shillings and sixpence. Package, tun, or butt, one shilling and threepence. Puncheon, eightpence.

Hogshead, sixpence.Barrel, threepence. Keg, twopence.

Bundle or case, fourpence. Jar or can, one penny. LIVESTOCK.

Horned Cattle, one shilling Horses, one shilling and sixpence Calves, sixpence.Sheep, twopence. Pigs, twopence.

Goats, twopence.

Notes.

Passed by the Provincial Council 19th August 1863, assented by Superintendent on behalf of the Governor on 4th September 1863. Sam Bealey, Charles Bowen, Henry Bacon Quin.