2166
THE NEW ZEALAND GAZETTE.
[No. 60

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

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

20. If any person for one month after demand therefor refuses or fails to pay in respect of any goods any charges lawfully imposed thereon, the Board may order any such goods to be sold, or, in case such goods have been delivered, then any other goods on the premises of the railway belonging to the same person. The proceeds of any such sale shall be applied first in paying the said charges and the expenses of such sale (including all charges and expenses incurred in or about the storage, warehousing, and handling of the goods, or otherwise howsoever), and the balance, if any, shall be paid over to the person entitled thereto upon his establishing his claim.

21. If any goods carried by the Board are left on the premises of the Board, and the owner thereof or the person liable for the charges thereon is not known, the Traffic Manager may cause it to be notified that such goods will be sold upon a day named in such notice, not less than one month from the publication thereof. If such goods are not removed and the charges thereon paid before such day the said goods may be sold. The balance of the proceeds of such sale, after deducting the expenses of such sale and the charges on such goods, shall be paid to the Public Trust Office, and shall be paid by the Public Trustee to any person establishing a lawful claim thereto.

22. (1.) When any goods have been received for conveyance upon a railway, and the consignee or owner has not complied with all provisions of any law relating to the charge or collection of duties by the Customs, or has not paid all charges incurred by the Board on account of such goods which have accrued upon or prior to receipt of the goods by the Board, or if the goods are held awaiting the consignor’s order to deliver, then such goods may be held and detained by the Board until all such provisions are complied with, or such charges are paid, or such consignor’s order to deliver is given.

(2.) During the time such goods are so held and detained the Board shall be responsible only as a warehouseman in respect to any loss or damage that may occur thereto.

(3.) The powers conferred by this clause shall not affect any other powers of the Board.

23. If the Board 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. If he declines to do so the goods shall forthwith become the property of the Board.

Part IV.—Time-table.

1. The Board reserves the right whenever it shall be deemed expedient from time to time, without notice, to alter the hour of departure of any train or trains, or omit the running of any train or trains.

2. The Board shall not be responsible for any delay in the arrival or departure of any train or trains, or for any deviation or omission from the time-table of the Board for the time being in force.

Part V.—Offences and Penalties.

1. No passenger or other person shall do or attempt to do any of the acts or things following, that is to say:—

(1.) Smoke in any carriage or compartment or in any waiting-room, station, or covered platform, except in a carriage or compartment specially appointed for that purpose.

(2.) Take into any carriage or compartment for the purpose of carrying the same therein any luggage, parcel, or package for which there is not room under the seat occupied by such passenger or in the rack above such seat.

(3.) Wilfully do any damage, injury, or spoil, to any part of any carriage, trucks, engines, land, buildings, or any other property of the Board.

(4.) Take into or place upon any station or in or upon any carriage, wagon, truck, or other vehicle forming part of any train, any loaded firearms or other dangerous or objectionable goods.

(5.) Take into any passenger-carriage any dog or other animal or bird except as directed by the guard of the train.

(6.) Enter or leave any carriage whilst the train is in motion.

(7.) Occupy more than one seat in any passenger-carriage.

(8.) Travel on any part of a train not appropriated for the conveyance of passengers, or on the platform of any carriage.

(9.) Enter or leave any carriage elsewhere than at the side adjoining the platform, or other place appointed for passengers to enter or leave carriages.

(10.) Enter any station, platform, or carriage whilst in a state of intoxication.

(11.) Use any obscene, profane, blasphemous, or abusive language in any carriage or upon any part of a station.

(12.) Write any obscene, profane, blasphemous, or otherwise improper language, or make any obscene, profane, blasphemous, or otherwise improper picture, drawing, or representation, on any part of a station or carriage or any other property whatsoever of the Board.

(13.) Commit any nuisance on any part of a station or carriage or any other property whatsoever of the Board.

(14.) Deface the writing on any board or any notice authorized to be maintained on any railway or railway-carriage, rolling-stock, or railway-station.

(15.) Neglect, delay, or refuse to produce his ticket immediately it is called for by the guard or ticket-inspector or other railway official on any train or platform.

(16.) Wilfully do any act interfering with the comfort or convenience of any passenger or passengers.

(17.) Without the special permission of some servant of the Board for the time being engaged upon a train, travel in any carriage of a class superior to that for which his ticket was issued.

(18.) Sell or offer for sale any free pass, ticket, or portion of a return ticket.

(19.) Travel with any ticket or portion of a ticket sold or transferred by any person in contravention of clause 18 hereof.

(20.) Interfere with or impede any servant of the Board in the performance of his duty.

(21.) Give or offer any gratuity to any servant of the Board.

(22.) Without a license from the Board issued by the Traffic Manager, or otherwise than as by such license provided, sell or offer for sale any articles of any kind whatsoever in any carriage forming part of a train.

(23.) Without the express consent of the Board, enter or be upon or pass over or along any part of the Board’s railway except at any authorized crossing over the same, and except at or upon such stations, platforms, warehouses, sheds, offices, or other places thereon as shall be or have been established and appropriated by the Board for the purpose of and in connection with the passenger and goods traffic upon the said railway, and the approaches to such places respectively.

Any persons who without such express consent or authority as aforesaid shall enter or be upon or pass along or over any part of the said railway except as hereinbefore excepted shall be deemed to be a trespasser upon the said railway within the provisions of the Local Railways Act, 1914.

(24.) Permit any cattle to be at large without proper guidance or to wander or to be herded or grazed upon any part of the Board’s railway.

(25.) Neglect to shut any gate or slip-panel on any fence forming the boundary of or upon or adjoining any railway the property of the Board.

2. Every person who shall do, or cause or procure to be done, anything contrary to or otherwise than as provided by these by-laws or any section or part of a section thereof, or who shall omit to do anything therein required to be done by him, shall be deemed guilty of an offence.

3. (1.) Every person guilty of a breach of any of these by-laws shall be liable to a fine not exceeding £20, or where the breach is a continuing one, then to a fine not exceeding £5 for every day or part of a day during which such breach continues.

(2.) The continued existence in a state contrary to any by-law of any work or thing shall be deemed a continuing offence within the meaning of this section.

4. The owner of any cattle being at large without proper guidance or wandering or grazing upon any part of the Board’s railway shall be liable to a penalty not exceeding £2 for every head of such cattle.

5. Any person infringing or not observing any of these by-laws on any lands, premises, wagon, carriage, truck, or vehicle belonging to the Board may without prejudice to any penalty prescribed by these by-laws be removed by or under the direction of any servant or agent of the Board from such lands, premises, wagon, carriage, truck, or vehicle.

The common seal of the Ohai Railway Board was hereunto affixed this 11th day of August, 1924, in the presence of—

A. W. RODGER, Chairman.
JOHN FISHER, Clerk.

The foregoing by-laws were made by the Ohai Railway Board by a resolution by way of special order passed on the 11th day of July, 1924, and confirmed on the 11th day of August, 1924.

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