2164
THE NEW ZEALAND GAZETTE.
[No. 60

OHAI RAILWAY BOARD.

BY-LAWS.

IN pursuance and in exercise of the powers and authorities contained in the Local Railways Act, 1914, and the amendments thereof, and all other enacting powers, provisions, and authorities contained in any other Acts or vested in it, the Ohai Railway Board doth hereby by this special order make the following by-laws; such by-laws to come into operation on the 25th day of August, 1924.

Part I.—Interpretation.

1. Words importing the singular number include the plural number, and words importing the plural number include the singular number, and words importing the masculine gender include the feminine.

2. In these by-laws, if not inconsistent with the context,—

"The Board" means the Ohai Railway Board.

"Cattle" means and includes any horse, mare, gelding, rig, colt, filly, ass, mule, bull, cow, ox, heifer, steer, calf, sheep, ram, ewe, wether, lamb, goat, kid, and pig of any kind.

"Dangerous goods" includes, amongst other things, benzoline and all other dangerous oils, bisulphide of carbon, blasting-powders, bleaching-liquids, bromide, cartridges, chloride of sulphur, dynamite, fireworks, fluoric acid, fog-signals, fusees, gasolene, gazogen, guncotton, gunpowder, lucifer matches, motor-spirit, muriatic acids or spirits of salts, naphtha, naphthaline, nitrate of iron, nitric acid, oil of vitriol of sulphuric acid, oily canvas or oily paper for packing, oily rags or oily waste, perchloride of iron, petrol, petroleum, phosphorous, pudrolithe, pyrolithe, or other materials or compounds liable to sudden ignition or explosion.

"Goods" means goods and chattels of every description, including live animals.

"Notified" means published in at least one issue of a daily newspaper published in Invercargill.

"Traffic Manager" means the Traffic Manager for the time being employed by the Ohai Railway Board.

Part II.—Passengers and Passengers’ Luggage.

1. No person (other than a person entering a train at a flag station as denoted in the time-table of the Board for the time being in force) shall be entitled to travel in a train unless furnished by the Board with a ticket specifying the class of carriage and the stations for travelling between which such ticket is issued.

2. Any person joining a train at a booking-station without being in possession of a ticket available for the journey then commenced shall on demand by any Stationmaster, or person authorized by a Stationmaster, or by the Guard in charge of the train, pay 6d. in addition to the ordinary fare.

3. Tickets will be issued conditionally on there being 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, subject to any arrangement for the time being in operation on the railway regarding the reservation of seats in trains, have priority over holders of return and single tickets; and the fare will be returned, on application to the Stationmaster, to such holders of return and single tickets as shall be unable to obtain seats.

4. Every person claiming to be a passenger shall, whenever required to do so for any purpose whatsoever, show and deliver his ticket to any servant of the Board for the time being engaged upon or in connection with the train in which such person is travelling.

5. Every person entering a train at a flag station shall pay the fare from such flag station to the station to which such person travels.

6. Every passenger shall leave the train at the station to which his ticket entitles him to travel. Any passenger who shall desire to travel or who shall travel beyond such station shall, on demand by any servant as aforesaid, pay to such servant the proper fare for the extra distance which he shall so travel.

7. No person shall use or attempt to use a ticket on any day for which it is not available, or a ticket which has already been used on a journey.

8. No person having paid the fare for a ticket entitling him to travel by an excursion train or any other specified train shall travel by any train other than that in respect of which such fare was paid without previously taking out the proper ticket and paying the proper fare therefore respectively.

9. No person having used a ticket for any part of the route for which it is issued shall afterwards use if for travelling on any preceding part of such route.

10. No person having paid the fare for a certain distance shall knowingly and wilfully proceed in any carriage beyond such distance without previously paying the additional fare for the additional distance.

11. No person shall wilfully alter or deface a ticket issued by the Board so as to render the date, number, or other material part thereof illegible.

12. Tickets are the property of the Board, and are in no case transferable. No person other than the person to whom a ticket has been issued shall travel or attempt to travel therewith, and no person to whom a ticket has been issued shall do any act by which any other person shall be enabled to travel or attempt to travel therewith.

13. No person shall be entitled to enter, or, having entered, shall, without the leave of a servant as aforesaid, be entitled to remain in, any carriage which at the time of such entry shall contain the full number of persons it is constructed to carry. Any person who shall have entered a carriage under such circumstances shall leave it immediately upon being requested to do so by any such servant. A statement by such servant that such carriage is full, or to that effect, shall be conclusive evidence that such carriage contains the full number of persons it is constructed to carry.

14. Except by express permission of some servant as aforesaid, no male person above or apparently above the age of eight years shall travel or attempt to travel or remain in any compartment of a carriage marked or otherwise indicated as being reserved or appropriated for the exclusive use of female persons. Any such male person who shall have entered any such carriage shall leave it immediately upon being requested to do so by any such servant. A statement by such servant that such carriage is so reserved or appropriated shall be conclusive evidence that such carriage is so reserved or appropriated.

15. Except by special permission of the Board, a person suffering from any infectious or contagious disease or disorder shall not enter or remain or be in or upon the Board’s premises, or travel or attempt to travel on the Board’s railway; and the Board may refuse to receive or carry any such person, or to permit any such person to enter, remain, or be in or upon any part of the Board’s premises, or to travel on the railway. Any person infringing this by-law shall, in addition to any other penalty, be liable to the Board for the cost of disinfecting the Board’s premises and any carriage in which such person shall have been. Any person who has charge of any person so offending or who aids or assists any such person in so offending shall be deemed to infringe and offend against this by-law.

16. Every passenger shall be entitled to have carried free of charge in the train in which he travels ordinary personal luggage to a weight not exceeding 112 lb. On any excess above that weight such passenger shall pay to the Board freight according to the scale set forth in the schedule of rates for the time being in force. Every passenger shall, on being requested by any servant as aforesaid so to do, allow his luggage to be weighed by or under the direction of such servant at any reasonable time.

17. All luggage taken by a passenger or placed at his request in the carriage in which he travels shall be deemed to be under such passenger’s own personal control and at his own exclusive risk during transit, and the Board shall be under no liability in respect thereof. The passenger to whom such luggage belongs, or who shall have control thereof as aforesaid, shall, immediately after the arrival of the train at the station at which he leaves it, remove from the train all such luggage. Any such luggage left by him in the train shall remain at his sole risk until removed as hereinafter provided.

18. No servant of the Board shall have, or be deemed or assumed to have, any authority to undertake any charge or responsibility in respect of luggage brought to or left upon any station.

19. Luggage not claimed and removed within twenty minutes after the arrival of the train at the terminus to which it is travelling will be taken to the luggage-room of the Board for safe custody. The Board shall be entitled to charge 6d. for each and every package, whether large or small, so taken to the luggage-room; and in addition 1d. for every day or fraction of a day after the day it is so taken to such luggage-room during which it shall remain in the Board’s custody. Before such luggage shall be delivered to any person claiming the same he shall pay all such charges to the Board and in all other respects conform with these by-laws.

20. The Board 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 Board for carriage, and unless insurance be paid thereon at the rate of 6d. in the pound upon such declared value above the said sum of £10. In no case shall the Board 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