GENERAL 176

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 6 months old), or horses .. 7.20
For each sheep, goat, dog, pig, or calf (under 6 months old) .. 1.85
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.

115. Liability for Goods Requiring Transport by Private Connecting Services

1. 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.

2. 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.

3. The department will not be responsible for any loss of or damage or delay to any goods or for any loss or delay to any person caused by the non-fulfilment of any road motor, shipping, or other service not managed and controlled by the department. In the event of the failure or refusal of any such service to accept any goods from the department such goods will either be held by the department at the sole risk in every respect of the owner or delivered to the direction of the owner, subject in every case to the payment of the charges for carriage already performed, and also of any charges and expenses for the custody, care, and maintenance of the goods, or incurred in the fulfilment of the direction of the owner.

GENERAL 177

116. Special Rate of Charges for Understatements

1. Where in any consignment note, waybill, or other document required to be delivered in respect of any goods delivered upon a railway there is any understatement of the quantity, weight, measurement, or value of the goods, or any misdescription of their nature, which, if undetected, might lead to their being charged for at less than the proper rate; then in lieu of charges at the ordinary rate, and whether the understatement or misdescription is wilful or not, there shall be payable in respect of all the goods referred to in such document double the ordinary rate of charges on the whole consignment, and these charges shall be payable irrespective of any fine that may be incurred under subsection (1) of section 25 of the Government Railways Act 1949.

117. Fractional Parts of Cents, Tonnes, and Kilometres

1. Except where otherwise provided, in computing passenger fares, and freight and charges on luggage, parcels, etc., goods, livestock traffic, wharfage, and berthage, fractions of 1c less than a ½c in the final result will be omitted; ½c or more in the final result will be taken as 1c.

2. Where rates or charges are prescribed to be increased or decreased and a fraction of 1c occurs in the rate as so increased or decreased, such fraction shall if less than ½c be omitted, and if ½c or over shall be taken as 1c.

3. In computing charges at tonne rates, weights of less than 10 kg will be taken as 10 kg.

4. In computing rates and charges, odd fractions of a kilometre amounting to 100 m and over will be taken as an additional kilometre; less than 100 m will be omitted.

118. Charges Collected on Behalf of Clubs, Consignors, etc.

1. Except where a special arrangement is entered into, a commission of 5 percent will be charged on all amounts collected by the department on behalf of express companies and forwarding agents, motor and steamship companies, picnic parties, racing or sports clubs, or any other persons or bodies. Minimum charge of 10c.

2. When notice of charges to be collected from a consignee of goods on behalf of the consignor of such goods is given to and accepted by the department such acceptance shall in every case be expressly subject to the condition that though the department will use reasonable care for the collection of such amounts before the goods are delivered up by the department to the consignee, the department gives no guarantee that such charges will be collected by it. In particular every person desiring the department to collect charges on his behalf shall be deemed to have agreed to be bound by all the rules and practice of the department in connection with the collection of moneys, either in respect of the granting of credit accounts or otherwise.

119. Charge for Diversion of Wagons While in Transit

A diversion charge of $1.44 for each four-wheeled wagon with a minimum charge of $2.88 per consignment will be made where the destination of wagon loads of goods or livestock is altered by the consignor or consignee while the wagon is in transit.

THE NEW ZEALAND GAZETTE No. 112 2618