Home | Databases | WorldLII | Search | Feedback Canterbury Provincial Ordinances

Railway Tolls and Management Ordinance 1867

17. The Railway Tolls And Management Ordinance 1867.

Analysis. Preamble.

1. Repealing Clause.

2. Application of Sections.

3. Passengers &c. may be carried upon Lyttelton and Christchurch Railway.

4. Ordinary liabilities to Superintendent &c. as Carriers.

5. What tolls and charges to be made.

6. Tolls to be exhibited.

7. Payment of tolls.

8. In case of failure to pay tolls.

9. Account in writing to be rendered of goods to be carried.

10. Penalty for rendering false accounts.

11. Penalty for non-payment of fare.

12. Such offender may be apprehended.

13. Certain goods not to be carried.

14. Power of entry to recover properties of Superintendent by this Ordinance.

15. Regulations may be made by the Superintendent.

16. In case of infringement of such Regulations.

17. Power of Superintendent to vary tolls.

18. Tolls to be charged upon Great Southern Railway.

19. General provisions as to Great Southern Railway.

20. Maximum tolls to be charged.

21. Tolls may be reduced.

22. Wharfage charges to be as per Schedule.

23. Superintendent to act with Executive Council.

24. Interpretation clause.

25. Title.

Whereas by an Act of the General Assembly of New Zealand entituled “The

Canterbury Great Southern Railway Act 1864” it is enacted inter alia.

That tolls fares and charges for passengers animals and carriages goods merchandise minerals articles matters and things conveyed on the Great Southern Railway shall be payable to and receivable by the Superintendent at rates not exceeding a maximum to be from time to time fixed by an Ordinance of the Provincial Legislature of Canterbury and shall be deemed to be tolls fares

and charges authorised by the said Act and that the said Act so far as concerns the management of the said Railway and the exercise of the powers by the said Act or by any Act incorporated therwith vested in the Superintendent and all matters incidental thereto may be altered by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury And whereas in the said Act certain parts of an Act of the Imperial Parliament entituled “The Railway

Clauses Consolidation Act 1845” are incorporated which provide generally for the working and management of the Great Southern Railway And whereas by an Ordinance of the uperintendent and Provincial Council of Canterbury entituled “The Ferrymead Railway and Wharf Tolls Ordinance 1863” provision was made for working the Railway between Christchurch and Ferrymead and for levying Tolls thereon And whereas it is expedient that the said Ordinance should be repealed and that further provision should be made for the working and management of the Railway from Christchurch to Lyttelton and the branch to Ferrymead and that further provision should be made for the working and management of the Great Southern Railway and that tolls fares and charges should be fixed to be levied and charged for the use of all the said Railways.

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. Repealing Clause.

2. Application of Sections.

3. Passengers &c. may be carried upon Lyttelton and Christchurch Railway.

4. Ordinary liabilities to Superintendent &c. as Carriers.

5. What tolls and charges to be made.

6. Tolls to be exhibited.

7. Payment of tolls.

8. In case of failure to pay tolls.

9. Account in writing to be rendered of goods to be carried.

“The Ferrymead Railway and Wharf Tolls Ordinance 1863” except as to any lease made or any proceedings commenced or things done thereunder is hereby repealed.

2. Sections 2 to 17 inclusive of this Ordinance shall apply exclusively to the Lyttelton and Christchurch Railway and the Ferrymead Branch and the word Railway in the said sections shall mean the said Railway and the said Branch.

3. It shall be lawful for the Superintendent by his officers agents and servants to use and employ locomotive engines or other moving power and carriages, and waggons to be drawn or propelled thereby and to carry and convey upon the Lyttelton and Christchurch Railway and Ferrymead Branch all such passengers and goods as shall be offered to him or them for that purpose and to to make such reasonable charges in respect thereof as he may from time to time with the advice of his Executive Council determine upon not exceeding the tolls specified in the Schedule to this Ordinance.

4. Nothing in this Ordinance contained shall extend to charge or make liable the Superintendent his officers agents or servants further or in any other case

than where according to the laws of New Zealand stage coach proprietors and common carriers would be liable nor shall extend in any degree to deprive the Superintendent his officers agents or servants of any protection or privilege which common carriers or stage-coach proprietors may be entitled to but on the contrary the Superintendent his officers agents and servants shall at all times be entitled to the benefits of every such protection and privilege.

5. It shall be lawful for the Superintendent his officers agents or servants at any time to demand or take a greater amount of toll or make any greater charge for the carriage of passengers or goods than they are by this Ordinance authorised to demand and upon payment of the tolls from time to time demandable all persons shall be entitled to use the Railway.

6. A list of all the tolls authorised by this Ordinance to be taken and which shall be exacted by the Superintendent shall be published by the same being painted upon one toll board or more in distinct black letters on a white ground or white letters on a black ground or by the same being printed in legible characters on paper affixed to such board and by such board being exhibited in some conspicuous place on the Stations or places where such tolls shall be made payable.

7. The tolls shall be paid to such persons and at such places upon or near to the Railway and in such manner and under such regulations as the Superintendent shall by notice to be annexed to the list of tolls appoint.

8.

9.

10. Penalty for rendering false accounts.

11. Penalty for non-payment of fare.

12. Such offender may be apprehended.

13. Certain goods not to be carried.

14. Power of entry to recover properties of Superintendent by this Ordinance.

11.

12.

13.

14.

15. Regulations may be made by the Superintendent.

And with respect to the regulating of the use of the Railway be it enacted as follows: —

It shall be lawful for the Superintendent from time to time subject to the provisions and restrictions in this Ordinance contained 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.

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 occupied by the company.

And generally for regulating the travelling upon or using and working of the

Railway.

But no such regulations shall authorise the closing of the Railway or prevent the passage of engines or carriages on the Railway at reasonable times except at any time when in consequence of any of the works being out of repair or from any other sufficient cause it shall be necessary to close the Railway or any part thereof.

16. In case of infringement of such Regulations.

If the infraction or non-observance of any such regulations aforesaid be attended with danger or annoyance to the public or hindrance to the Superintendent his officers agents or servants in the lawful use of the Railway it shall be lawful for the Superintendent his officers agents or servants summarily to interfere to obviate or remove such danger annoyance, or hindrance from the premises occupied or appurtenant to the Railway.

17. Power of Superintendent to vary tolls.

18. Tolls to be charged upon Great Southern Railway.

The maximum rates of toll fares and charges for passengers animals carriages goods merchandise minerals articles matters and things conveyed on the Great Southern Railway shall be those specified in the Schedule to this Ordinance.

19. General provisions as to Great Southern Railway.

20. Maximum tolls to be charged.

21. Tolls may be reduced.

22. Wharfage charges to be as per Schedule.

23. Superintendent to act with Executive Council.

24. Interpretation clause.

25. Title.

This Ordinance shall be entituled and may be cited as "The Railway Tolls and

Management Ordinance 1867."

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.

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.

The Schedule referred to in the foregoing Ordinance. Notes.

This Ordinance of the Canterbury Provincial Council was passed on the 19th of

July 1867, and assented to by the Superintendent on 19th July. Railway and Harbour Reserves Leasing Ordinance 1869

Railway and Harbour Works Fund Ordinance 1864

Railway and Harbour Works Fund Ordinance 1864 Repeal Ordinance 1868

Railway and Harbour Works Ordinance Amendment Ordinance 1865

Railway Reserves Leasing Ordinance 1868

Railway Severance Ordinance 1862 D NZG 1862 p195

Railway Tolls and Management Ordinance 1867

Railway Tolls and Management Ordinance 1867 Amendment Ordinance 1868

Railway Tolls and Management Ordinance 1872

Railway Tolls and Management Ordinance 1872 Amendment Ordinance 1874

Railway Tolls and Management Ordinance 1875

Ferrymead Railway and Wharf Tolls Ordinance 1863

White’s Little River Tramway Ordinance

Lyttelton and Christchurch Railway Loan Appropriation Ordinance 1862

Lyttelton and Christchurch Railway Loan Ordinance 1860

Lyttelton and Christchurch Railway Ordinance 1859 AW. NZG 1860 p29

Lyttelton and Christchurch Road Commissioners Ordinance 1854