1908

12. In either of the cases referred to in paragraphs 10 and 11 the department may, whenever it performs the work of reloading, make an additional charge of $1.68 per four-wheeled wagon n.o.s. $2.25 per Hc or Jc wagon and $3.36 per bogie wagon.

13. Loading and Unloading—The consignor shall be responsible and shall pay for damage done by animals to wagons, enclosures, or other railway property while such animals are on the premises of the railway, unless he can prove that the damage is to be ascribed to the bad conditions of such wagon, enclosure, or railway property.

14. Animals which have died during their transport or before delivery to consignees, must be accepted by the consignor or consignee (as the case may be) if the carcass is tendered by the department, and such carcass must be removed forthwith from railway property, failing which the department will take steps to have it removed at the cost of the consignor or consignee (as the case may be). If any animal has died whilst in transit and has been removed from the wagon the consignor or consignee (as the case may be) shall pay the cost of such removal and burial as hereinafter provided.

15. Livestock received by rail at stations must be removed within three working hours after their arrival, otherwise such stock will be unloaded and held at the sole risk and expense of the owner. A charge of $1.54 per four-wheeled wagon n.o.s. $2.06 per Hc or Jc wagon, and $3.08 per bogie wagon will be made for unloading such stock.

16. Except as may be otherwise provided, a charge of 23c per head of cattle or horses, and 9c per head of sheep, goats, calves (under 6 months old), pigs, or other small stock, will be made for every 8 hours or portion thereof after the expiry of the first three hours after arrival at destination station that the stock so remains in the custody of the department, in addition to any charge that may have been incurred for food, water, veterinary surgeon's charges, and the like. Should it be considered necessary, the livestock may, if practicable, at the option of the department, be sent for stabling or grazing at the sole risk and expense of the consignee, and any expense incurred by the department in connection with the feeding, maintenance, or custody of such livestock shall be deemed to be charges payable in respect of the carriage of such livestock.

17. Any animal that, through sickness or through injury received from other animals in a wagon or through animals in a wagon being unduly crowded or other similar circumstances, is taken out of a wagon and subsequently transported to destination in another wagon will be charged as a separate consignment from the station at which it was removed from the original wagon to such destination station, and in addition any other necessary expenses incurred in connection with such sickness, injury, or removal. When livestock is unloaded and reloaded by the department, owing to the wagons being overcrowded or the animals being down in the wagon, the charges for the services of unloading and reloading will be based on the actual cost to the department of the services performed.

18. The cost of removing and burying animals dying in wagons or railway enclosures and in circumstances where it is found impossible or, in the opinion of the department, not reasonably practicable to tender the carcass of such dead animals to the consignee as provided in paragraph 14 hereof, must be paid by the consignor (or consignee) at the following scale:

$
For each head of cattle, including calves (exceeding six months old), or horses 6.00
For each sheep, goat, dog, pig, or calf (under six months old) 1.54
Plus cartage charges (if any).

19. This section does not relieve consignees of the responsibility for taking delivery of dead animals found in wagons on arrival at destination, as provided in paragraph 14 hereof.

20. Any livestock not taken delivery of within one week after arrival at destination may, after notice to take delivery of same has been given to the owner or consignee or consignor, be sold by auction and the proceeds applied in payment of any sums payable in respect of such livestock and the expense of selling the same, and the balance (if any) remaining after such payment shall be paid to the owner on application. If neither the owner nor the consignor nor the consignee is known, or if they cannot be found, request for delivery to be taken of the livestock published in any newspaper circulating in the district or posted for a period of not less than three days at the destination station of the livestock shall be sufficient notice for the purposes of this section.

21. Stoppage in Transit—Should the transport of any livestock be stopped by order of any Government official at any point either before, during, or after transit and whilst still in the possession of the department in consequence of any breach by the consignor or consignee of any regulations concerning diseases of animals, or in consequence of any law or regulation prohibiting importation of such livestock or the like, the department shall, on receiving such order to stop, be taken and considered to have fulfilled its obligations to deliver the said livestock and may deal with the same accordingly. In such cases the department shall not be liable to make any allowance of freight paid, and the consignor or consignee shall not be relieved from his obligation to pay freight.

22. Liability for Goods Requiring Transport by Private Connecting Services

23. The department will not be responsible for the loss of or damage or delay to any goods if such loss, damage, or delay occurs after the same have been duly placed in the possession, custody, or control of any carrier other than the department, whether by land, water, or air, or any harbour board or warehouseman or other person notwithstanding that the goods may be so consigned as to require their transference to any such carrier, harbour board, warehouseman, or person, or that a through rate shall have been paid or shall be payable in respect of the same.

24. Where goods are to be carried by any carrier, other than the department, during an intermediate portion of the journey the goods shall be deemed to be in the possession, custody, or control of a carrier other than the department or of a harbour board, warehouseman, or other person from the time the goods are duly placed in the possession, custody, or control of such carrier, harbour board, warehouseman, or other person until the same are again loaded on to railway vehicles.