10

THE NEW ZEALAND GAZETTE.

[No. 1.
By-laws on the New Zealand Railways, in Substitu-
tion of previous By-laws.

ARTHUR GORDON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
sixth day of January, 1881.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance of the power and authority vested in
him by the one hundred and forty-fifth section
of "The Public Works Act, 1876," and of all other
powers and authorities enabling him in that behalf,
His Excellency the Governor of the Colony of New
Zealand, by and with the consent of the Executive
Council thereof, doth hereby make the following by-
laws, and doth declare that the same shall come into
force on the several lines of railway in New Zealand
from the day of the date hereof, and shall be in lieu
of the by-laws and regulations relating to the same
subject at present in force on such railways respec-
tively.

BY-LAWS.

1. In the interpretation of these by-laws, the
   word "Minister" shall mean Minister for Public
   Works appointed in accordance with "The Public
   Works Act, 1876," and the several amendments
   thereof. The term "General Manager" shall mean
   the General Manager of the New Zealand Railways.
   The word "railway" shall mean and include any
   lines of railway within the meaning of "The Public
   Works Act, 1876," and the several amendments
   thereof. The term "goods" shall mean goods and
   chattels of every description, including live animals.

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 person will
   be allowed to take a seat in or upon any carriage
   used on the railway, or to travel therein upon the
   railway, without first having paid the fare, and ob-
   tained a ticket, except in the case of a passenger
   joining the train at a flag station.

3. Any person wilfully altering or defacing a
   ticket, so as to render the date, number, or any
   material portion thereof illegible, shall be liable to
   a penalty not exceeding ten pounds, and shall, in
   addition, be liable to pay the fare from the station
   whence the train originally started.

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
   passengers, 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 pre-
   viously paid his fare, and with intent to evade
   payment thereof; or if any person, having paid
   the fare for a certain distance, knowingly and wil-
   fully proceed in any such carriage beyond such
   distance without previously paying the additional
   fare for the additional 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 the fare has been paid, to quit such
   carriage, every such person shall, for every such
   offence, be liable to a penalty not exceeding ten
   pounds.

6. If any person is found trespassing upon a rail-
   way, and refuses to leave after being warned by any
   officer or servant employed thereon, or is drunk or
   behaving in a violent or offensive manner to the
   annoyance of others on the railway or at any station
   or platform thereof, or in any carriage thereon, or is
   doing or attempting to do, or is counselling, aiding,
   or assisting another person to do, anything which
   may endanger the lives of persons employed on or
   travelling on the railway, it shall be lawful for any
   constable or any person employed on or about such
   railway or carriages, without warrant or other
   authority, to arrest and detain the person so offend-
   ing, and to take such person as speedily as conveni-
   ently may be before a Justice of the Peace to be
   dealt with as the law directs; and all persons pre-
   sent shall, when called upon, assist in making such
   arrest.

7. Every passenger, on arriving at the station for
   which a ticket has been taken by such passenger, or
   to or from which such passenger may hold a periodical
   ticket, shall quit the station and premises of the rail-
   way; 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 railway
   premises.

8. No gunpowder or other explosive or dangerous
   material shall be carried by any passenger train.
   Any person infringing this by-law shall be subject to
   a penalty not exceeding ten pounds.

9. Each passenger, on paying the fare, will be
   furnished with a ticket, which shall be produced
   whenever required by any Station Clerk or autho-
   rized Porter, or by the Guard in charge of the train;
   and if it be a return ticket it must be given up to be
   marked when required; and every ticket must be
   delivered up on the demand of any Porter or servant
   authorized to collect tickets. Tickets not used within
   the prescribed time shall be deemed to be cancelled.
   Any passenger joining a train at a booking station
   without having previously provided himself with a
   ticket will be charged double rates to the first book-
   ing station at which the train stops, and shall there
   rebook to destination. Passengers joining the train
   at flag stations will be booked by the guard to the
   first booking station at which the train stops, and will
   there rebook to destination. Any person offending
   against the provisions of this regulation shall be liable
   to a penalty not exceeding ten pounds.

10. Tickets are not transferrable; and any person
    transferring any ticket, or 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 ten pounds.

11. Any person knowingly, and with intent to
    defraud, travelling upon the railway in a carriage of
    a superior class to that for which such person is
    provided with a ticket, or altering a return or other
    ticket, shall be liable to a penalty not exceeding ten
    pounds.

12. 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 destina-
    tion. In no case, however, shall any "cheap excur-
    sion" ticket be used for any other station than that
    for which such ticked is issued. Any person using or
    attempting to use a ticket in violation of the pro-
    visions of this section shall be liable to a penalty not
    exceeding ten pounds.