1018
THE NEW ZEALAND GAZETTE.
No. 49

luggage therefrom unless expressly engaged by the owner
thereof for that purpose.
XXIV. No person shall come upon the platform of any
booking-station of the company for the purpose of soliciting
custom or hire from passengers, or solicit such custom or
hire, except under a permit by the company to do so, issued
under regulations duly made in that behalf and publicly
notified.

As to Goods.

XXV. Goods for carriage in the company's railway will be
received at that part of each station which is appointed for
that purpose, and will be carried by the company upon the
following conditions, that is to say :—

(1.) That a consignment note, on a form to be obtained
from the company, and subject to the conditions
contained therein or indorsed thereon, and duly
filled in and signed by or on behalf of the con-
signor, be delivered to the servant of the company
to whom the said goods are delivered for carriage,
and upon payment of the freight and other
charges for such carriage at the rates for the
time being in force.

(2.) That the person delivering such goods do at the
same time obtain from such servant as aforesaid
a receipt for the said goods and for the freight and
other charges thereon, signed by such servant; and
the company will not be bound to receive, or carry,
or be responsible for loss or damage to goods left
at any station for carriage unless and until such
consignment note as aforesaid be delivered to it,
and the freight and other charges be paid, and a
receipt as aforesaid have been given.

(3.) In addition to any other conditions which may from
time to time be publicly notified under these by-
laws, the following conditions shall, until altered
or repealed, be indorsed on every consignment
note and receipt as aforesaid, that is to say :—

The company will not be responsible for any loss
or damage in respect to any goods received for
carriage or carried on a railway or train under
any of the following circumstances, that is to say,
if the goods in respect of which any claim is
made—

(a.) Have been wrongly or insufficiently de-
scribed in the consignment note.
(b.) Have been put into packages described as
"empties."
(c.) Have been insufficiently or insecurely
packed.
(d.) Consist in whole or in part of articles liable
by breakage or leakage to damage each other or
any other goods in the same package.
(e.) Be lost by reason of illegibility or insuffi-
ciency of marks, numbers, or addresses.
(f.) Be "special goods" within the meaning of
any Order in Council issued by the Governor in
Council under the provisions of section 110 of
"The Railways Construction and Land Act,
1881," and be over the value mentioned, unless
the same shall have been consigned under their
respective proper titles or names, and an insurance
charge at the rate of 6d. in the pound of rates for
the time being in force over and above the ordi-
nary charge for carriage shall have been paid
thereon.
(g.) Be untruly described in any declaration as
to the contents and value of any package.
(h.) Consist in whole or in part in any package
of articles of a dangerous nature, and have not
been specially declared and arranged for before
delivery to the company for carriage.
(i.) Be not removed from the station at which
they are to be delivered in terms of the consign-
ment note within twelve working-hours after
arrival thereat.

XXVI. When any package contains goods which are to be
insured, and such goods consist of more than one article, the
value of each article must be separately declared, and the
company is to have the right to inspect the contents of any
package containing declared goods before effecting an in-
surance thereon, in order to see that the goods declared are
in accordance with the declaration, and are in good order
and condition and properly packed, and for this purpose
may require any such package to be opened at the cost of
the consignor.

XXVII. No dangerous goods are to be brought on to the
railway or in any way delivered to the company unless pre-
viously declared and the receipt and carriage thereof ar-
ranged for; and if any such goods be brought on to the rail-
way or delivered to any servant of the company without
such previous declaration and arrangement, the consignor
and all other persons knowingly engaged in such bringing-on
or delivery shall be liable for all loss or damage occasioned
thereby, and the company may refuse to receive or carry
such goods, and may require their immediate removal from
the railway.

XXVIII. All dangerous goods shall be carried subject to
such regulations in addition to the provisions of these by-laws
as shall from time to time be publicly notified under these
by-laws.

XXIX. The following are in all cases to be deemed to be
dangerous goods within the meaning of these by-laws, that
is to say: Benzoline, and other oils of the same class, and all
other dangerous oils, bisulphide of carbon, blasting and other
powders, bleaching-liquids, bromine, cartridges, chloride of
sulphur, gun-cotton, gunpowder, dynamite, fireworks, fluoric
acid, fog-signals, fuzees, gasoline, gazozen, lucifer matches,
hydrochloric acid, naphtha, naphthaline, nitrate of iron, nitric
acid, sulphuric acid, oily canvas or oily paper for packing,
oily rags or oily waste, perchloride of iron, petroleum, phos-
phorus, pudrolythe, pyrolithe, and all other chemical or
any natural productions liable to spontaneous ignition or ex-
plosion.

XXX. Special arrangements must be made with the com-
pany for the carriage of live-stock of any kind, in order that
the necessary trucks and carriages for the conveyance of the
same may be provided for that purpose.

XXXI. The company will not be responsible for mortality
or injury to live-stock of any description during loading or de-
livery or during transit, unless the same is occasioned through
default or negligence of its servants.

XXXII. Perishable goods of all kinds shall be carried only
at the risk of the consignor, and if not taken away within six
hours after arrival at the station to which they are consigned,
may be forthwith sold by auction or otherwise, without
notice to the consignor or consignee; and payment or tender
of the net proceeds of any such sale, after deduction of freight
and expenses, shall be deemed to be equivalent to delivery.

XXXIII. All goods which have arrived at their destina-
tion shall be removed by the consignees from the railway
within twelve working-hours after such arrival, and if not
removed within such period may be stored or kept in the
wagons or otherwise, as the company shall find expedient, at
the risk and expense of the consignees or owners, and will
become subject to such charges as may from time to time be
publicly notified. If on the arrival of any goods the railway
sheds and stores (if any) at the place of destination shall be
full, and the consignees or owners do not take delivery within
twelve working-hours, such goods may be stored in any pri-
vate store or yard at the risk and expense of the owners. In
case of goods to be unloaded by the consignee, a charge will
be made for demurrage, according to the scale of rates from
time to time in force, for each truck not unloaded within the
period named therein.

XXXIV. Should a consignor present a consignment note
with goods, understating the nature, quantity, or weight of
such goods, he shall be liable, in addition to any penalty
provided by law for making a false consignment note or way-
bill, to pay to the company double the ordinary rate on the
difference between the actual nature, quantity, or weight of
the goods in question and that stated upon the consignment
note.

XXXV. All charges for the carriage of goods and other-
wise must be paid on demand to the person duly authorised
by the company to receive the same. Except where a
special agreement is entered into, no goods will be carried
until the payment of such charges shall have been made.

XXXVI. No consignor, having consigned goods, and having
obtained the proper receipt, shall be entitled to countermand
the order or to resume possession of the goods without first
cancelling the consignment note, and returning to the com-
pany the receipt before mentioned, and paying all charges
incurred, after which, if delivery can be stopped by the com-
pany, the goods may be returned.

XXXVII. If the company shall have paid any claim for
goods for the time being lost on a railway, and such goods
are afterwards found, the claimant shall have the option of
taking such goods upon refunding the amount so paid to
him; but if he declines to do so such goods shall be sold,
and the proceeds of such sale shall be paid into the com-
pany's account.

XXXVIII. The company will not be responsible for loss
or damage of any kind, unless a written claim for such loss
or damage be made in writing by or on behalf of the person
entitled to the goods lost or damaged, within ten days after
the date on which the same have or should in due course of
carriage have arrived at the station to which they were
addressed.

XXXIX. Every claim for loss or damage shall specify the
marks and numbers upon the package or packages which
contained the goods alleged to have been lost or damaged,
and the contents thereof, in such full detail as will enable
the company to estimate the value of such contents, and the
company will in no case be responsible beyond the actual
cash value of the goods described in the claim at the date
and place appointed for the delivery thereof.