✨ Continuation of Railway By-laws




410
THE NEW ZEALAND GAZETTE.
are of a nature to be extraordinarily liable to damage,
such officer may refuse to receive them without the
instructions of the General Manager of the railway.
And the General Manager may, by the authority of
and on behalf of the Minister, make such special
agreement for the carriage of such goods, on such
terms as to insurance or otherwise, as he thinks fit;
or if no such special agreement is come to, may re-
fuse to receive or carry such goods on the railway,
except at the sole risk of the consignor; and upon
notice in writing to the consignor to that effect
given to the consignor by the General Manager, the
Minister shall not be liable to any claim for loss or
damage from any cause whatsoever in respect of such
goods. Such notice may be served upon the con-
signor or his agent, or either of them, or may be left
at the last known place of abode or business of
either of them.
private store or yard at the risk and expense of the
owners. In case of goods to be unloaded by the con-
signee, a charge will be made for demurrage according
to the tables of rates from time to time published in
the New Zealand Gazette, in accordance with clause
52 hereof, for each truck not unloaded within the
period named therein.

  1. Any claim for loss or damage must be speci-
    fied in writing, and made within two days after
    delivery in case of partial loss or damage, or within
    seven days after the due time of delivery in case of
    total loss.

  2. No person shall have any right to send by a
    railway any goods of a dangerous nature; and if any
    person attempts to send by a railway, or deposits in
    any premises of the railway, any box or package
    containing any such goods, or any goods declared by
    the Regulations, or publicly notified by the Minister,
    to be of a dangerous nature, without distinctly
    marking the contents on the outside of such box or
    package, or giving notice in writing of the contents
    to the officer in charge of the station at which such
    box or package is left, he shall be guilty of a mis-
    demeanour.

The following are, amongst others, declared to be
dangerous goods:-Benzoline and all other dangerous
oils, bisulphide of carbon, blasting powders, bleach
ing liquids, bromine, cartridges, chloride of sulphur,
cotton gunpowder, dynamite, fireworks, fluoric acid,
fog signals, fusees, gasoline, gazogen, gun cotton,
gunpowder, lucifer matches, muriatic acid, or spirits
of salts, naphtha, naphthaline, nitrate of iron, nitric
acid, oil of vitriol or sulphuric acid, oily canvas or
oily paper for packing, oily rags or oily waste, per-
chloride of iron, petroleum, phosphorus, pudrolythe,
pyrolithe, or other materials or compounds liable to
sudden ignition or explosion, and the Minister may,
at his option, refuse to receive or carry such
goods.

  1. Fruit, fish, meat, poultry, and any other perish-
    able articles, shall be carried only at the sole risk of
    the person sending the same, and if not taken away
    within six hours after arrival at the station to which
    they are consigned, may be forthwith sold, by auc-
    tion or otherwise, without notice to the sender or
    consignee; and payment or tender of the net pro-
    ceeds of any such sale, after deduction of freight and
    expenses, shall be accepted as equivalent to delivery.

  2. All empties not taken away within one month
    after arrival will be sold to defray expenses.

  3. All goods and merchandise, whether bonded or
    free, and all luggage, having arrived at its destina-
    tion, shall be removed by the consignees from the
    platform and sheds within such periods as may be
    defined in the tables of rates published in accordance
    with clause 52 hereof; and if not removed within
    such period may be stored or kept in the wagons at
    the risk and expense of the consignees or owners,
    and will become subject to such charges as may
    from time to time be published in such tables. If on
    the arrival of goods forwarded by railway the railway
    sheds and stores shall, in the opinion of the General
    Manager, be full, and the consignees or owners do
    not take delivery within twelve working hours,
    the General Manager may store such goods in any

  4. Should a consignor present a consignment note
    with goods understating the quantity or weight of
    such goods, he shall be liable to a charge of double
    the ordinary rate on the difference between the
    actual weight or measurement of the goods in ques-
    tion and that stated upon the consignment note, in
    addition to any penalty which may be inflicted under
    the 154th clause of "The Public Works Act,
    1876."

  5. All tolls and charges and warehousing charges
    must be paid immediately on demand to the person
    duly authorized to receive the same, and, except
    where a special agreement is entered into, no goods
    will be delivered to the consignee until the payment
    of such tolls and charges shall have been made.

  6. If any person refuses or fails to pay the
    proper charges for any goods carried on a railway,
    or received on, stored in, or delivered from any
    wharf, pier, jetty, shed, or yard connected therewith,
    or any charge for demurrage, for one month after
    demand of same by any person duly authorized to
    collect such charges, any such goods, or in case such
    goods have been delivered, then any other goods on
    the premises of the railway belonging to the same
    person, may, by order of the Minister, be sold; and
    the proceeds of such sale shall be applied first for
    paying the said charges and the expenses of such
    sale, and the balance, if any, shall be paid over to the
    owner of the goods sold.

  7. If any such goods are left on the premises of
    the railway, and the owner thereof, or the person
    liable for the charges thereon, is not known, the
    Minister may cause it to be publicly notified that
    such goods will be sold upon a day named in such
    notice, not less than one month from the publication
    thereof; and if such goods are not removed and the
    charges thereon paid before such day, the said goods
    may be sold, and the balance of the proceeds of such
    sale, after paying the charges upon such goods, shall
    be paid into the Public Trust Office, and shall be
    paid by the Public Trustee to any person establish-
    ing a lawful claim thereto.

  8. The Minister may from time to time fix or
    alter scales of fares and charges for passengers and
    goods carried on a railway, or received on or into, or
    stored in, or delivered from any wharf, pier, jetty,
    store, shed, or yard in connection with a railway, or
    for demurrage on the use of any rolling stock, or for
    the use of any cranes, hoists, or other machinery for
    loading or unloading of such goods, by a notice
    published in the New Zealand Gazette declaring the
    date at which such shall take effect. A printed notice
    of such fares and charges shall also be fixed and
    maintained in a conspicuous place at such stations as
    may be deemed advisable by the Engineer-in-Chief.

The Minister may authorize the General Manager
from time to time to alter such passenger fares and
rates temporarily by publishing a notice to that effect,
such notice to be affixed in some conspicuous place at
each station to which such alterations refer on the
line of railway affected.

The General Manager may from time to time
make time tables fixing and showing the times at
which trains arrive at and depart from stations;
such time tables, so far as relating to public passen-
ger trains, shall be advertised in a local newspaper
three days before coming into force, and shall also
be posted in a conspicuous place at each station on
the railway affected where tickets are sold.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1877, No 34





✨ LLM interpretation of page content

πŸ—οΈ Continuation of Railway By-laws regarding goods carriage and charges (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
17 April 1877
Railway regulations, Goods carriage, Dangerous goods, Perishable articles, Claims, Demurrage, Fares and charges
  • Minister
  • General Manager
  • Engineer-in-Chief