APRIL 13.] THE NEW ZEALAND GAZETTE. 951

15. The company will not be responsible to the owner of any luggage carried by it as aforesaid to a greater value than £10, unless the full value thereof be declared in writing, signed by such owner when the same was delivered to the company for carriage, and unless insurance be paid thereon at the rate of 6d. in the £1 upon such declared value above the said sum of £10. In no case shall the company be liable for more than the value so declared. Notwithstanding any such declaration of value, it shall be the duty of the person claiming or making any claim in respect of any such luggage to prove that such luggage was in fact of the declared value at the least at the time when such declaration was made.

16. Luggage not claimed and removed within one calendar month after having been placed in a luggage-room as hereinbefore provided, or in a store as hereinafter provided in respect of luggage left at a flag station, shall be treated as abandoned by the owner thereof, and may at any time thereafter be sold by the company at auction at the risk of such owner, in such manner, at such time, and subject to such conditions as the company shall think fit. For the purposes of such sale the company may cause any box, trunk, or other package whatsoever to be opened, and the contents examined and catalogued, if considered necessary for the purposes of the sale.

17. The moneys received upon any such sale shall be applied in the first place in payment of the costs of and incident to the sale, and in the next in payment of the storage-charges upon the luggage so sold, and the balance shall be held by the company for the use of the owner of the luggage so sold, to be paid over to him on due proof that he is the person entitled to such moneys.

18. No claim for compensation for loss of luggage will in any case be recognised by the company unless made in writing addressed to the manager, and either delivered to him at the office of the company in Wanganui within seven days after the date of the alleged loss, or posted to him addressed to such office at such a time that the letter so posted would if delivered in the ordinary course of post be delivered to him within the said period of seven days. Such writing shall contain a full description of any address or addresses on the said luggage, and the name of the station at which it was delivered to the company and that of the station to which it was addressed, and a list as far as practicable of the contents of the box, trunk, or other package alleged to have been lost.

19. With regard to the luggage of passengers joining or leaving a train at a flag station the following regulations shall apply, and where inconsistent with the foregoing by-laws the following regulations shall prevail :-

(i.) The luggage of any passenger joining a train at a flag station, except such as he shall keep under his personal control, shall be delivered by him to the guard of the train, to whom he shall at the same time state the name of the station at which he proposes to leave the train.

(ii.) All luggage to be delivered at a flag-station, shall on the arrival of the train thereat be placed upon the platform of such station, and shall thereupon be and remain at the risk of the owner of such luggage, whether he be present to take charge of the same or not. If such luggage be not removed from such platform, and if there be a store or shed on such station, the company shall be at liberty (but not so as to impose on the company any liability in the event of the company not so doing) to put such luggage into such store or under such shed so as to prevent as far as practicable damage by rain or storm, and such luggage shall thenceforth be and remain in such store or shed at the risk of the owner as aforesaid.

(iii.) If there be no store or shed at such station, then the company shall be at liberty (but so as not to impose on the company any liability in the event of the company not so doing) to carry such luggage on to the nearest station at which the same can be stored in a luggage-room or other place for the receipt of goods, and such luggage shall thenceforth be and remain therein at the risk of the owner as aforesaid.

(iv.) The company shall be at liberty to charge in respect of any luggage put into a shed or store as aforesaid or carried on to a luggage-shed as aforesaid the same amount of storage in respect of the time during which such luggage shall be so kept by the company as the company is entitled to do under By-law 14 of this Part of the company’s by-laws.

PART III.
Carriage of Goods.

1. 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 only be carried by the company upon the conditions laid down in this Part of these by-laws.

2. The freight on all goods for conveyance on the company’s line must be prepaid.

3. Goods must be loaded by the consignors for despatch, and unloaded by the consignees at destination.

4. The company will not admit any liability for loss or damage to goods unless actually incurred during transit. The company’s liability ceases when goods arrive at destination, and the company will not undertake any responsibility for goods which are not immediately taken delivery of.

5. All goods which are not taken delivery of within five hours after arrival at their destination may be unloaded and stored in the company’s sheds or elsewhere as the company finds expedient at the sole risk and expense of the consignees or owners. Such goods will be subject to unloading demurrage and other charges in accordance with the schedule of charges for the time being in force.

6. The company reserves the right to inspect all goods, live-stock, parcels, and luggage before insuring or accepting same for transit. For this purpose, if considered necessary, any package must be opened by the sender at his own expense.

7. Notices for the supply of trucks given by persons intending to consign goods will be accepted for fulfilment conditionally only upon its being found convenient to the company to supply the trucks upon the due date. The company will not be responsible for any loss or damage arising through failure from any cause to have trucks available by any particular date or train.

8. The company will not be responsible for the delivery of goods by any particular train or at any particular time, or for any damage to goods caused by delay in the delivery thereof.

9. No goods will be accepted for conveyance to flag stations except by special arrangement.

10. Special arrangements must be made with the company for the carriage of live-stock of any kind, in order, inter alia, that the necessary trucks may be provided for the purpose. This by-law is subject to the provisions of By-law No. 7 of this Part of these by-laws.

11. The company will not be responsible for mortality or injury to live-stock of any description during loading, transit, or unloading.

12. Perishable goods of all kinds, if not taken delivery of within five hours after arrival, may be forthwith sold at auction or otherwise without notice to the consignor or consignee, and payment of the proceeds of any such sale after deduction of expenses and charges shall be deemed to be equivalent to delivery.

13. The company will not be responsible for any loss or damage in respect of any goods carried by the company under any of the following circumstances :-

(a.) If such goods have been insufficiently or insecurely packed or addressed.

(b.) If they 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.

(c.) If the value of any package exceeds £10, unless the same shall have been previously declared as of greater value than £10, and extra charges for insurance paid to the company at the rate of 6d. for every £1 in value above £10.

(d.) If any package consists in whole or in part of any dangerous goods, or articles of a dangerous nature, and have not been specially declared and arranged for beforehand.

(e.) If goods have been put into packages described and charged for as empties.

(f.) If a claim in writing for such loss or damage is not made in writing to the company within seven days after the alleged loss or damage, and served on the company in manner provided with respect to lost luggage by clause 18 of Part II. of these by-laws, and full particulars therein given of marks and numbers, value of packages and contents.

Notwithstanding the conditions of clause (c) hereof it shall be the duty of every person making any claim under that clause to prove that the goods in respect whereof such claim is made were in fact of the declared value at the least at the time when the declaration was made.

14. No dangerous goods will be carried by the company except under special arrangements, and the company may refuse to receive or carry such goods. Double the ordinary rates will be charged for the carriage of dangerous goods. If it is considered expedient to provide a special train in connection therewith the company shall be at liberty to do so, and impose therefor a minimum charge as prescribed by the schedule of rates for the time being in force.

15. Any person presenting dangerous goods to be carried by the company shall at the same time declare the nature and kind of the goods so presented.

16. The company does not undertake and shall not be bound to advise consignees of the arrival of goods of any kind at their destination.