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Railway Tolls and Management Ordinance 1875

22. The Railway Tolls and Management Ordinance 1875.

[16^th August 1875.]

Whereas by an Act of the General Assembly of New Zealand intituled “The Canterbury Great Southern Railway Act 1864” it is enacted inter alia:

That tolls fares and charges for passengers animals 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 Acts and that the said Acts 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 therewith vested in the Superintendent and all matters incidental thereto may be altered by any 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 intituled “The Railway Clauses Consolidation Act 1845” are incorporated which provide generally for the working and management of the Railway from Christchurch to Lyttelton and the branch to Ferrymead and Great Southern Railway and for levying tolls thereon And whereas by an Ordinance of the Superintendent and Provincial Council intituled “Railway Tolls and Management Ordinance 1867 Amendment Ordinance 1868” the Schedule to the Ordinance aforesaid was repealed and an amended Schedule substituted And whereas by an Ordinance of the Superintendent and Provincial Council of Canterbury intituled “The Railway Tolls and Management Ordinance 1872” “The Railway Tolls and Management Ordinance 1867” and “Railway Tolls and Management Ordinance 1867 Amendment Ordinance 1868” except as to any lease made or any proceedings commenced or things done thereunder were repealed And whereas it is expedient that further provisions should be made for the working and management of the Railway from Lyttelton to Christchurch and the Great Southern Railway and that tolls fares and charges should be fixed to be levied and charged for the use of the said Railways:

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

1. Repealing Clause.

“The Railway Tolls and Management Ordinance 1872” and “The Railway Tolls and Management Ordinance Amendment Ordinance 1874” except as to any lease made or any proceedings commenced or things done thereunder are hereby repealed.

2. Passengers and goods may be carried at charges not exceeding tolls specified in Schedule.

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 said Railways all such passengers and goods as shall be offered to him or them for that purpose and 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.

3. Ordinary liabilities to Superintendent, &c., as carriers.

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 benefit of every such protection and privilege.

4. What tolls and charges to be made.

It shall not 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 or anything done in connection with the said Railway than they are by this Ordinance authorised to demand and upon payment of the tolls and charges from time to time demandable all persons shall be entitled to use the Railway.

5. Such Tolls and Charges to be exhibited.

A list of all the tolls and charges 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.

6. Payment of Tolls and Charges.

The tolls and charges shall be paid in such manner and under such regulations as the Superintendent shall by notice to be annexed to the list of tolls appoint.

7. In case of failure to pay Tolls and Charges.

If on demand any person fail to pay the tolls and charges due in respect of any goods it shall be lawful for the Superintendent his officers agents or servants to detain and sell such or any part of such goods or if the same shall have been removed from the premises occupied by or appurtenant to the Railway to detain and sell any other goods within such premises belonging to the party liable to pay such tolls and charges and out of the moneys arising from such sale to retain the tolls payable as aforesaid and all charges and expenses of such detention and sale rendering the overplus (if any) of the moneys arising by such sale and such of the goods as shall remain unsold to the person entitled thereto or it shall be lawful for the Superintendent to recover any such tolls as a debt due to him.

8. Account in writing to be rendered of Goods to be carried.

Every person being the owner or having the care of any carriage or goods passing or being upon the Railway shall on demand give to the Collector of Tolls at the places where he attends for the purpose of receiving goods or of collecting tolls and charges for the part of the Railway on which such carriage or goods

may have travelled or be about to travel an account in writing signed by him of the number or quantity of goods conveyed by any such carriage and of the point on the Railway from which such carriage or goods have set out or are about to set out and at what point the same are intended to be unloaded or taken off the Railway.

9. Penalty for rendering false account.

If any such owner or other such person give a false account or unload or take off any part of his lading or goods at any place with intent to avoid the payment of any tolls or charges payable in respect thereof he shall for every such offence be liable to a penalty not exceeding ten pounds for every ton of goods or for any parcel not exceeding one hundred weight and so in proportion for any less quantity of goods than one ton or for any parcel exceeding one hundred weight (as the case may be) which shall be upon any such carriage and such penalty shall be in addition to the toll and charges to which such goods may be liable Provided always that the total penalty in respect of any single offence shall not exceed the sum of one hundred pounds.

10. Certain goods not to be carried.

No person shall be entitled to carry or require the Superintendent his officers agents or servants to carry upon the Railway any aquafortis oil of vitrol gunpowder lucifer matches or any other goods which in the judgment of the Superintendent his officers agents or servants may be of a dangerous nature And if any person send or attempt to send by the Railway any such goods without distinctly marking their nature on the outside of the package containing the same or otherwise giving notice in writing to the book-keeper or other servant of the Superintendent with whom the same are left at the time of so sending he shall be liable to a penalty of Twenty Pounds for every such offence And it shall be lawful for the Superintendent his officers agents or servants to refuse to take any parcel that they may suspect to contain goods of a dangerous nature or require the same to be opened to ascertain the fact.

11. By-laws.

The Superintendent from time to time may make By-laws for the following purposes that is to say—

For fixing the amount of fares for the conveyance of Passengers and the charges for the carriage of animals and goods upon the said Railways.

For fixing the amount of tolls upon animals and goods received or delivered upon or from any wharf pier or jetty in connection with the said Railways.

For fixing the amount of charges upon animals and goods received into stored in and delivered from any warehouse station yard and premises connected with the said Railways.

For fixing the amount of charges for the use of cranes hoists or other machinery for the loading and unloading of animals and goods from or at any wharf pier or jetty and premises connected with the said Railways.

For regulating the mode by which and the speed at which carriages on the said

Railways are to be moved or propelled.

For regulating the time of the arrival and departure of any 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 each carriage.

For regulating the conduct of the officers and servants employed in the departments of said Railways.

For preventing the smoking 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 Railways.

For regulating the shipping and unshipping landing warehousing storing depositing and removing of all animals and goods from or at any wharf jetty or pier station or premises connected with said Railways.

For regulating the duties and conduct of the porters and carriers employed on any premises connected with the said Railways and fixing the charges to be paid to them for carrying any goods articles or things from or to the same.

And generally for regulating the travelling and traffic upon or using and working of the said Railways wharfs piers and jetties in connection therewith and for the maintenance of good order thereon And the Superintendent may from time to time alter vary and rescind such By-Laws or any of them and make others in lieu thereof as often as he shall think fit.

But no such By-Laws shall authorise the closing of the said Railways or prevent the passage of engines or carriages on the said Railways 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 said Railways or any part thereof.

12. By-laws to be published in Gazette and state maximum penalty.

Every such By-Law shall be published in the Provincial Government Gazette and state some maximum penalty not exceeding in any case Twenty Pounds for any breach thereof and such penalty may be recovered in a summary way.

13. 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 and forcibly to remove any person or persons causing such danger annoyance or hindrance from the premises occupied by or appurtenant to the Railway.

14. Power of Superintendent to vary tolls.

And whereas it is expedient that the Superintendent should be enabled to vary the tolls upon the Railway so as to accommodate them to the circumstances of the traffic but that such power of varying should not be used for the purpose of prejudicing or favouring particular parties or for the purpose of collusively and unfairly creating a monopoly either in the hands of the Superintendent or of particular parties it shall be lawful therefore for the Superintendent subject to the provisions and limitations herein contained from time to time to alter or vary the tolls hereby authorised to be taken either upon the whole or any particular portions of the Railway as he shall think fit but not to exceed the maximum rates specified in the Schedule to this Ordinance Provided that all such tolls be at all times charged equally to all persons and after the same rate whether per ton per mile or otherwise in respect of all passengers and of all goods or carriages of the same description and conveyed or propelled by a like carriage or engine passing only over the same portion of the line of Railway under the same circumstances and no reduction or advance in any such tolls’ shall be made either directly or indirectly in favour of or against any particular company or person travelling upon or using the Railway.

15. Penalty for non-payment of fare.

If any person travel or attempt to travel in any carriage on the Railway without having previously paid his fare and with intent to avoid payment thereof or if any person having paid his fare for a certain distance knowingly and wilfully proceed in any such carriage beyond such distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof or if any person knowingly and wilfully refuse or neglect on arriving at the point to which he has paid his fare to quit such carriage every such person shall for every such offence be liable to a penalty not exceeding Two Pounds.

16. Passengers to be furnished with Tickets.

Each passenger on paying his fare will be furnished with a ticket which he is to show whenever required by any station-master or authorised porter or by the guard in charge of the train and if it be a return ticket be must allow it to be marked when required and every ticket (whether single return or periodical) must be delivered up on the demand of any porter or other servant authorised to collect tickets Single tickets not used on the day of issue or a return ticket not used within the prescribed time shall be deemed to be cancelled Any person offending against the provisions of this section shall be liable to a penalty not exceeding Five Pounds.

17. Tickets not transferable.

Tickets are not transferable and any person using or attempting to use a transferred ticket or a ticket the time for the proper use of which has expired shall be liable to a penalty not exceeding Five Pounds.

18. Penalty for travelling in superior class or altering ticket.

Any person knowingly and with intent to defraud travelling upon the Railway in a carriage of a superior class to that for which he is provided with a ticket or altering a return or other ticket shall be liable to a penalty not exceeding Ten Pounds.

19. Penalty for misuse of Ticket.

Tickets whether single or return shall be used by passengers only to convey them to the station named thereon or to a station short of that destination In no case however shall any “cheap excursion” ticket be used for any other station than that for which such ticket is issued Any person using or attempting to use a ticket in violation of the provision of this section shall be liable to a penalty not exceeding Two Pounds.

20. Penalty for sale of Ticket.

Any person not duly authorised by the Superintendent who shall sell or offer for sale any free pass ticket or portion of a return ticket shall be liable to a penalty not exceeding Two Pounds.

21. Male passengers not to enter carriage or rooms set apart for females. No male passenger shall be allowed to enter any waiting-room or carriage set apart for the accommodation of females and any person remaining in any such room or carriage after being warned to leave the same shall be liable to a penalty not exceeding Two Pounds.

22. Penalty for using private key to open carriage door.

Any person not being a railway servant who shall open any carriage for the purpose of entering the same after the tickets have been examined and the carriage doors locked by the person appointed for that purpose or who shall let himself out of any carriage or attempt to do so at any station or at any time during the journey by the use of a private key or other instrument shall be liable to a penalty not exceeding Two Pounds.

23. Penalty for travelling outside carriage.

No person shall without the consent of the Superintendent or other authorised officer travel outside a carriage on any Railway under any circumstance or get into or upon or quit any railway carriage when the train is in motion and any person doing so or attempting to do so shall be liable to a penalty not exceeding Two Pounds.

24. Smoking prohibited.

Smoking is strictly prohibited in any of the Railway sheds yards offices or waiting- rooms and any person found so smoking shall be liable to a penalty not exceeding Two Pounds.

25. Penalty for smoking in carriage not set apart for that purpose.

Smoking is strictly prohibited in any Railway carriage except those set apart for the purpose and any person found smoking in a carriage not set apart for the purpose shall forfeit a penalty not exceeding Two Pounds and may be removed from the carriage by any railway servant.

26. Penalty for taking dog in passenger carriage.

Dogs will be conveyed and charged for according to printed conditions but will not on any account be allowed to accompany passengers in the carriages Any person persisting in taking a dog into a passenger carriage shall be liable to a penalty not exceeding Two Pounds.

27. Penalty for giving gratuity.

No gratuity shall be under any circumstances allowed to be received by a Railway servant on pain of dismissal Any person giving or offering a gratuity to any such servant shall be liable to a penalty not exceeding Two Pounds.

28. Penalty for use of insulting or abusive language.

Any person making use of insulting or abusive language to any Railway officer or servant while in the execution of his duty or making use of indecent or blasphemous language in any carriage or upon any Railway platform or premises shall be liable to a penalty not exceeding Five Pounds and may be removed from such carriage platform or premises by any Railway servant.

29. Penalty for intoxication or committing nuisance.

Any person in or upon any Railway carriage or station being in a state of intoxication or committing any nuisance or gambling or wilfully interfering with the comfort of any passenger shall be liable to a penalty not exceeding Five Pounds and to removal from such carriage or station as soon as shall be practicable.

30. Penalty for driving animals across railway when train approaching. Any person driving or attempting to drive sheep horses cattle or other animals across the Railway either at an authorised crossing-place or elsewhere when an approaching train is in sight shall be liable to a penalty not exceeding Ten Pounds.

31. Penalty for plying for hire without license.

No driver or conductor of’ any hackney carriage omnibus or other public vehicle shall ply for hire within the Railway premises without a license in writing from the Superintendent or other authorised officer Any person offending contrary to this section shall be liable to a penalty not exceeding Five Pounds.

32. Penalty for coming upon platform to remove passenger or luggage unless required to do so.

No person will be allowed to come upon any Railway platform for the purpose of removing any passenger or luggage unless required by a passenger and engaged by him for such purpose and no person will be allowed to come upon any Railway premises for the purpose of soliciting custom or hire Any person attempting to evade or being. guilty of a breach of this section or not quitting the premises when required by a station-master or other Railway servant shall be liable to a penalty not exceeding Two Pounds.

33. Penalty for sticking placard or bill within premises.

Any person unless authorised by the Superintendent who shall post or stick any placard or bill within or on any of the Railway property or premises shall be subject to a penalty not exceeding Two Pounds.

34. Penalty for wilfully injuring carriage.

Any person who shall wilfully injure wholly or in part any of the linings or blinds or break or deface any of the windows or remove or injure any number-plate or advertisement or remove or extinguish any of the lamps or otherwise damage any Railway carriage shall be liable to a penalty not exceeding Five Pounds in addition to the payment of the amount of damage done.

35. Penalty for selling on premises without consent of Superintendent. No article shall be sold on any Railway premises without the consent of the Superintendent and every person offending against the provisions of this section shall forfeit a sum not exceeding Five Pounds.

36. Wharfage dues.

All goods landed on or shipped from the wharves or jetties at Lyttelton belonging to or vested in the Superintendent shall be subject to wharfage and other dues rates and charges and it shall be lawful for the Superintendent to levy such wharfage and other dues rates and charges in respect of such wharves or jetties at rates not exceeding those specified in the Schedule to this Ordinance.

37. Warehousing charges.

It shall be lawful for the Superintendent to charge and recover warehousing charges in respect of the warehouses belonging to or vested in the Superintendent.

38. Rates of carriage.

The maximum rates of tolls fares dues and charges for passengers animals carriages goods merchandise grain minerals articles matters and things conveyed on the said Railways and on the wharves piers jetties and premises connected with the said Railways shall be those specified in the Schedule to this Ordinance respectively.

39. Superintendent to make By-laws with advice and consent of Executive

Council for receiving and storage of goods.

It shall be lawful for the Superintendent by and with the advice of the Executive Council from time to time to make such By-laws and regulations for the receiving delivery and storage of goods as he may by order prescribe.

40. Superintendent to exercise powers with advice and consent of

Executive Council.

All powers by this Ordinance given to the Superintendent shall be exercised by him by and with the advice and consent of the Executive Council and not otherwise.

41. Title.

This Ordinance shall be intituled and may be cited as “The Railway Tolls and Management Ordinance 1875.”

The Schedule referred to in the Foregoing Ordinance.

Tolls and Charges on the Lyttelton and Christchurch Railway.

terms and at such rates as the Superintendent and Executive Council may from time to time determine.

Passengers .— First Class each two shillings and sixpence Return Ticket available only on the day of issue four shillings Second Class each one shilling and sixpence Return Ticket available only on the day of issue two shillings and sixpence For any intermediate stations First Class passengers each sixpence a mile or fraction of a mile Return Tickets available only on the day of issue 25 per cent. reduction on Double Fares Second Class fourpence per mile or fraction of a mile Return Tickets 25 per cent. reduction on Double Fares.

Tolls on Great South Railway.

the Superintendent and Executive Council may from time to time determine.

Passengers — First Class each fourpence a mile for any distance exceeding three miles Return Ticket 25 per cent. reduction upon Double Fares Second Class each three-pence a mile for any distance exceeding three miles Return Ticket at similar reduction For any intermediate Station First Class sixpence a mile not exceeding three miles Return Ticket as above Second Class not exceeding three miles fourpence a mile Return Ticket as above.

On Lyttelton and Christchurch and Great Southern Railways respectively.

Parcels

Not exceeding 14lbs. weight one shilling each Above 14lbs. and not exceeding

28lbs. one shilling and sixpence Every additional 281bs. or fraction thereof sixpence

Parcels.

Above the value of ten pounds one per centum upon the value in addition to the above-named rates.

Passengers’ Luggage

Not exceeding half a hundred-weight one shilling Every additional half hundred- weight or fraction thereof one shilling.

Packages.

Under quarter ton sent by Goods train to be charged as quarter ton at Goods rates.

Packages.

Packages weighing or measuring more than two tons to be charged by special agreement.

Stoves and other Castings.

Stoves and Castings (not packed) to be charged freight and a half.

Glass China Pictures and other Valuable Hazardous Goods.

On such terms and at such rates as the Superintendent and Executive Council may from time to time determine.

In all Rates calculated under this schedule any fractional part of a mile will be charged as one mile.

Wharf Dues.

Merchandise.

Grain and all other goods not otherwise mentioned landed on or shipped from Government wharves two shillings and sixpence per ton of dead weight or measurement.

Wool.

Landed on or shipped from Government wharves sixpence per bale.

Timber.

Landed on or shipped from Government wharves fourpence per 100 superficial feet.

Firewood.

Landed on or shipped from Government wharves two shillings per cord.

For the use of any steam crane donkey engine or other steam power for the purpose of loading or unloading any vessel at the rate of sixpence per ton of dead weight or measurement.

Half Dues to be charged on all the above-mentioned goods if transhipped into lighters or others from vessels lying alongside the Government Wharves.