✨ Railway By-law Clauses




1800
THE NEW ZEALAND GAZETTE.

Gold or silver, manu- Stamps.
factured.
Title-deeds.
Gold or silver, unmanu- Toys.
factured.
Horses.
Jewellery.
Lace.
Machinery.
Trinkets.
Wagons.
Watches.
Writings.

Any package, the contents of which are of higher
value than five hundred pounds.

  1. The consignment note accompanying any spe-
    cial goods must state them to be "special," and must
    set forth their nature and value. Unless such state-
    ment and declaration is made, the Minister is not
    responsible for any loss or damage to a greater extent
    than fifteen pounds in respect to any horse, eight
    pounds in respect to any neat cattle, fifteen shillings
    in respect of any sheep or swine, and ten pounds in
    respect of any package in which any special goods
    are contained. All special goods exceeding in value
    the above-mentioned sums shall be subject to a
    charge, in addition to the ordinary freight, by way of
    insurance, according to a scale of rates of insurance
    to be from time to time published by the Minister in
    that behalf.

  2. If the value of any special goods stated on the
    consignment note appears to the officer receiving the
    same to be extravagant or fictitious, or if the goods
    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.

  3. 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.

  4. 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 spirit
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
    private store or yard at the risk aud 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.

  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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 128





✨ LLM interpretation of page content

πŸš‚ Continuation of Railway By-laws (Clauses 40-50) regarding special goods, dangerous goods, and storage. (continued from previous page)

πŸš‚ Transport & Communications
17 December 1878
Railway regulations, Special goods, Dangerous goods, Liability, Claims, Storage, Perishable items, Demurrage