1108
THE NEW ZEALAND GAZETTE.
[No. 57

DUNEDIN City Tramways By-law, made by special order the 3rd day of September, 1890, and confirmed the 6th day of October, 1890, and ordered to come into force the 1st day of January, 1891, and now published in accordance with “The Tramways Act, 1872.”

A BY-LAW RELATING TO TRAMWAYS WITHIN THE CITY OF DUNEDIN.

In pursuance of the powers and provisions contained in “The Tramways Act, 1872,” and “The Municipal Corporations Act, 1886,” and of all other powers and provisions enabling the Council of the City of Dunedin in that behalf, the said Council doth ordain as follows:—

From and after the 1st day of January, 1891, on which day it is declared that this by-law shall come into force, the following provisions shall apply to and have effect with reference to all tramways in the said city:—

Interpretation.

1. In the construction of this by-law—
   “City” means the City of Dunedin:
   “Conductor” means the conductor or guard of any tramcar, and any person having charge of the same:
   “Council” means the Council of the City of Dunedin:
   “Driver” means the driver of any tramcar, whether moved by steam- or horse-power, or drawn by cable or any similar appliance, or propelled by electricity:
   “Inspector” includes any Inspector appointed for the purposes of “The Municipal Corporations Act, 1886,” or any Act in force prior thereto, or any such purposes, and any Inspector so appointed or holding office shall be deemed to be the Inspector for all the purposes of “The Tramways Act, 1872,” or of this by-law:
   The term “inside” includes the seating-space of an open car or dummy:
   “Outside” means the seating-space of a tramcar which carries passengers on the roof thereof:
   “Platform,” in relation to the carriage of passengers, means either the front or rear platform of any tramcar in respect of which a license has issued authorising the carriage of passengers on the platform;
   “Proprietor” means the owner for the time being of any tramway or tramcar, and shall include any lessee thereof, or any person or body working or managing the same, or any part thereof:
   “Tramcar” or “tram-carriage,” or any similar term, means and includes every kind of car, carriage, or vehicle used for the conveyance of passengers on any tramway in the city, or upon any of the tramways within or partly within the city.

Tramcar to be licensed.

2. No tramcar shall be used on any tramway within the city unless such tramcar shall be at all times duly licensed by the Council as is hereinafter mentioned.

Tramcars in good order.

3. No license shall be issued for any tramcar unless such tramcar is safely constructed, in thorough repair, properly ventilated, and enclosed with doors and glazed to the satisfaction of the Council or of the Inspector duly authorised in that behalf; provided, nevertheless, that the Council may in its discretion license tramcars which are not enclosed or glazed.

Licenses for cars.

4. Tramcar licenses may be granted by the Town Clerk of the city, on behalf of the Council, and shall, subject to the provisions hereinafter contained, contain such particulars as the Council shall direct; but no charge shall be made for any such license.

Contents of license.

5. In every such license there shall be specified the number of the license, the name of the proprietor to whom the license is granted, also the maximum number of persons to be carried at one time in and by the tramcar to which such license shall apply, specifying the number of passengers who may be carried inside, upon platforms, and outside respectively.

Maximum number of passengers.

6. The license shall permit the carrying of one passenger for every 10in. of seating-space inside and outside every tramcar respectively, and such space shall limit the maximum number of passengers to be conveyed by such tramcar inside and outside thereof respectively; and, in addition thereto, there may be carried upon such tramcar a maximum number of passengers who may by the license be permitted to be carried on any of the platforms thereof in cases where the Council shall think fit to license the carrying of passengers on the platform or platforms of any tramcar.

Inspection of tramcars.

7. The Council shall, as often as it may deem necessary, cause the Inspector to measure and examine every tramcar, and fix and appoint the number of passengers which each such tramcar may carry; and the number so fixed and appointed shall be the maximum which it shall be lawful for such tramcar to receive or convey at any one time.

Inspector may stop tramcars to count passengers.

8. The Inspector, or any police constable, may at any time stop any tramcar for the purpose of counting the number of passengers therein, or otherwise for the purposes of this by-law, or any of such purposes; and no driver or conductor shall refuse or neglect to stop when ordered to do so by such Inspector or constable.

Duration of license.

9. Such licenses shall continue in force for the space of twelve months, and no longer; but on expiration of such term any such license may be renewed from time to time for a similar term if the respective tramcars for which renewed licenses are required shall, in the opinion of the Inspector, to be certified in writing under his hand, be then in a fit and proper condition within the meaning of this by-law; provided always that it shall be lawful for the Council at any time to revoke and make void any such license or licenses, in case it shall be satisfied, and shall by resolution declare, that the tramcar or tramcars in respect of which such license or licenses shall have been issued is or are not in such fit and proper condition as aforesaid. And in case the proprietor shall continue to use on any tramway any tramcar the license for which shall have been so revoked as aforesaid, after he shall have received written notice of such revocation under the hand of the Town Clerk, he shall be guilty of an offence under this by-law; provided always that such notice may be served on the proprietor personally, or left at his usual or last-known residence, office, or place of business, or sent to him through the post-office.

Notice inside tramcar.

10. In every tramcar the proprietor thereof shall at all times cause to be kept fixed in a conspicuous position, to be approved by the Inspector, a notice in letters and figures at least 1in. in length, at each end of the tramcar, showing the number of the tramcar specified in the license for the same, and the number of passengers which such tramcar is licensed to carry both inside and outside and on the platform or respective platforms.

Carrying excessive number of passengers on tramcar.

11. No proprietor or conductor of any tramcar shall allow, cause, or suffer to enter or remain in or upon, or be conveyed or carried by, any tramcar at any one time a greater number of passengers than is authorised by the license in respect thereof.

Excessive number on any part of car.

12. No proprietor or conductor of any tramcar shall allow, cause, or suffer to enter or remain in or upon, or be conveyed or carried, inside or outside, or on any platform of such tramcar respectively, at any one time, a greater number of passengers than is authorised in the license in respect of such tramcar to be carried inside or outside, or upon any platform thereof respectively.

Passengers to be carried only as provided by license.

13. No proprietor or conductor of a tramcar shall allow or suffer any passenger to be conveyed or carried or at any time to remain upon any other part of a tramcar save the inside or outside, or platform thereof, and no passenger shall travel or remain upon any part of the tramcar save the inside or outside, or platform thereof, as provided for by the license.

Dangerous or cumbrous goods not to be carried.

14. No proprietor, driver, or conductor shall permit any person to enter or be in or upon any tramcar who shall have with him any goods or articles of a dangerous, dirty, or cumbrous nature, or goods or articles likely to cause any inconvenience to passengers.

Proprietor not to act in violation of license.

15. No proprietor, conductor, or driver shall in any manner act in violation or disregard of the license issued in respect of any tramcar.

Authorised stands.

16. The following are the authorised stands or termini for tramcars:—
    (a.) Princes Street, south and north of intersection of High Street;
    (b.) Princes Street, immediately south of Stafford Street;
    (c.) Princes Street, opposite junction of Manse and Princes Streets;
    (d.) High Street, west side of Princes Street;
    (e.) Ratray Street, at junction with Maclaggan Street;
    (f.) Northern boundary of Town Belt, on Main North Road;
    (g.) High Street, in front of Customhouse;
    (h.) Castle Street, at its intersection with Duke Street;
    (i.) Main South Road, opposite the Kerosene Bond.