100
THE NEW ZEALAND GAZETTE.

Making and confirming By-Laws, Rules, and Regu-
lations on Railways applicable to all Railways con-
structed by the Government, under the authority of
the Immigration and Public Works Acts, to be
brought into operation by Order in Council when
required for each individual Line.

NORMANBY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
eighth day of February, 1876.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS under the provisions of "The Immi-
gration and Public Works Act, 1870," and
the several Acts amending the same, and other Acts,
certain lines of railway have been constructed by the
Governor:

And whereas, under the provisions of the said
hereinbefore mentioned Acts and the enactments
incorporated therewith, the Governor in Council is
empowered to make regulations and by-laws for the
following purposes, that is to say, -

For regulating the mode by which, and the
speed at which, carriages using the said rail-
ways are to be moved or propelled;

For regulating the times 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 such carriages;

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 occupied by the General Manager in
connection with the said railways;

And generally, for regulating the travelling upon
or using and working of the said railways:

And whereas by "The Immigration and Public
Works Act, 1875," it is enacted that the Governor
in Council may make regulations and by-laws appli-
cable to all railways constructed by him under the
authority of the said hereinbefore mentioned Acts,
and actually open for traffic, whether the whole of
such railway shall be completed or not, and that
whenever it shall be necessary to extend the opera-
tion of such regulations and by-laws to any
particular railway, it shall be lawful for the Governor
to do so in the manner in the said Act provided:

And whereas it is expedient that regulations and
by-laws should be made in respect of the said lines
of railway:

Now, therefore, His Excellency the Governor of
New Zealand, with the advice and consent of the
Executive Council thereof, and in exercise and pur-
suance of all powers and authorities enabling him in
this behalf, doth hereby make the By-laws, Rules,
and Regulations hereto annexed, as By-laws, Rules,
and Regulations applicable to the said lines of railway
for the purposes aforesaid.

FORSTER GORING,
Clerk of the Executive Council.

BY-LAWS, RULES, AND REGULATIONS FOR REGULAT-
ING THE TRAVELLING UPON AND USING OF THE
RAILWAYS IN NEW ZEALAND CONSTRUCTED BY THE
GOVERNOR OF NEW ZEALAND, UNDER THE IMMI-
GRATION AND PUBLIC WORKS ACTS.

Passenger Traffic.

1. In the interpretation of these Regulations, the
   term "General Manager" shall mean the person
   who shall be General Manager of the railway, in
   accordance with the provisions of "The Railways
   Regulation and Inspection Act, 1873." The word
   "railway" shall mean and include each of the lines
   of railway described in the Second Schedule hereto.

2. No person will be admitted to the booking office
   at any station whilst the door is closed for making
   up and despatching any train, and no passenger
   will be allowed to take his or her seat in or upon
   any carriage used on the railway, or to travel therein
   upon the railway, without first having paid his or her
   fare and obtained a ticket.

3. Any person wilfully altering or defacing his or
   her ticket, so as to render the date, number, or any
   material portion thereof, illegible, shall be liable to a
   penalty not exceeding two pounds, and shall, in
   addition, be liable to pay the fare from the station
   whence the train originally started. And any per-
   son who shall refuse or be unable to produce his
   ticket when required by any Station Clerk or any
   Servant attached to the Railway, shall be liable to
   pay the fare from the station whence the train
   originally started to the station where such person
   shall leave the train, in addition to any penalty that
   may be held to be incurred under any succeeding
   by-law.

4. Tickets will be issued conditionally-that is to
   say, in case there shall be room in the train for all
   the passengers to whom tickets shall have been
   issued. If there shall not be room for all such pas-
   sengers, the holders of periodical tickets shall have
   priority over holders of return and single tickets,
   and the fare will be returned, on application to the
   Station Clerk, to the holders of such return and
   single tickets as shall be unable to obtain seats.

5. If any person travel or attempt to travel in any
   carriage on the railway without having previously
   paid his fare, and with intent to evade 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 addi-
   tional distance, and with intent to evade payment
   thereof; or if any person knowingly and wilfully
   refuse or neglect on arriving at the point to which he
   has paid his or her fare to quit such carriage, every
   such person shall for every such offence be liable to a
   penalty not exceeding forty shillings.

6. If any person be discovered either in or after
   committing or attempting to commit such offence as
   in the preceding clause mentioned, all officers and
   servants and other persons on behalf of the General
   Manager, and all constables, gaolers, and peace
   officers, may lawfully apprehend and detain such
   person until he can be conveniently taken before
   some Justice, or until he be otherwise discharged by
   due course of law.

7. No return or periodical ticket will be available
   for special trains.

8. Every passenger, on arriving at the station for
   which he or she may have taken a ticket, or to or
   from which he or she may hold a periodical ticket,
   shall quit the station and premises of the railway;
   and no person shall be allowed to loiter about the
   stations, wharf, or premises, or any part thereof; and
   if any passenger or other person shall refuse to quit
   the station, wharf, or premises aforesaid, on being
   requested so to do by any Station Clerk or any
   servant attached to the railway or wharf, such pas-
   senger or person may be expelled by such Station
   Clerk or other servant as aforesaid from the rail-
   way premises.

9. No gunpowder or other explosive or dangerous
   material shall be carried by any passenger train.

10. Each Passenger, on paying his or her fare, will
    be furnished with a ticket, which he is to show