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Canterbury Provincial Ordinances |
22. The Railway Tolls and Management Ordinance 1875.
[16th 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1868” the Schedule to the Ordinance aforesaid was repealed and an amended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done thereunder were repealed And whereas it is expedient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.
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Tolls for Haulage per
mile.
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Terminal Charges for
Receiving and
Delivering.
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Merchandise and all Goods not otherwise described by dead weight or
measurement.
Grain and other Produce (except Hay Straw and Wool)
Sawn Timber (100 Palings or 1000 Shingles to be considered 100 feet of
Timber)
Wool per bale not exceeding 4 cwt.
Wool in bales exceeding
4cwt.
Sheep Pigs or Goats. Other Animals on such
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Sevenpence per ton. Sevenpence per ton.
Twopence per 100 feet superficial.
Twopence per bale. One halfpenny per cwt. Twelvepence per score.
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Two shillings and sixpence per ton.
Two shillings per ton.
Sixpence per 100 feet.
One shilling per bale. One shilling per bale. Four shillings per
score.
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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.
|
Tolls for Haulage per
mile.
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Terminal Charges for
Receiving and
Delivering.
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Merchandise and all Goods not otherwise described by dead weight or
measurement.
Grain and other Produce (except Hay Straw and Wool)
Sawn Timber (100 Palings or 1000 Shingles to be considered 100 feet of
Timber)
Wool per bale not exceeding 4 cwt.
Wool in bales exceeding
4cwt.
Sheep Pigs or Goats. Other Animals on such
terms and at such rates as
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Fourpence per ton. Threepence per ton.
One penny per 100 feet superficial.
One penny per bale. One farthing per cwt. Sixpence per score.
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Two shillings and sixpence per ton.
Two shillings per ton.
Sixpence per 100 feet.
One shilling per bale. One shilling per bale. Two shillings per
score.
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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.
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