24 MARCH

THE NEW ZEALAND GAZETTE

975

44.1.3 Freight to be prepaid: The Corporation requires freight on livestock to be prepaid.

44.1.4 Owners to load and unload: Loading and unloading must be performed by the consignor and consignee respectively. Subject to the provisions of the Carriage of Goods Act 1979 the Corporation shall not be responsible for any particular number of livestock specified as having been loaded into any particular wagon for carriage by rail.

44.1.5 Condition of livestock: The Corporation may refuse the transport of sick, wild, unmanageable, or fierce animals unless the freight has been paid and the carriage is at "owner's risk;" and it may refuse the transport of livestock when the animals, in the opinion of the Corporation employee in charge or guard, are not in a fit condition to travel.

44.1.6 Loading of wagons: The Corporation may restrict if necessary the number of animals which may be loaded in any wagon; and it may load other animals, vehicles, or goods from the same or different consignors to the same or different consignees in the same wagon.

44.1.7 Arrival time restriction: The Corporation may refuse to accept for transport any livestock that is timed to arrive at its destination between 1800 hours on Saturday and 1800 hours on Sunday, unless an undertaking in writing shall have been received from the consignee that the livestock will be unloaded and delivery taken thereof within three hours after arrival at destination.

44.1.8 Responsibility of Corporation: The Corporation does not under any circumstances accept any responsibility whatever for animals before they are placed into the wagon; or after the animals arrive at the station to which they are transported.

44.1.9 Loading and unloading facilities: The Corporation shall not be bound to receive any livestock for carriage to or from any railway station which is not equipped with platforms, yards, and other suitable facilities for loading and unloading livestock: provided that, at the option of the Corporation, livestock may be received for carriage to or from such places if the owners accept all the risk.

44.1.10 Feeding and watering responsibility: Livestock must be adequately fed and watered immediately prior to being tendered to the Corporation for transport, and a certificate may be required from the consignor that this has been done. Livestock may not be accepted for transport where this condition has not been complied with. Owners of livestock must in all cases make their own arrangements for feeding, watering, or tending stock. The Corporation does not accept any responsibility in regard thereto.

44.1.11 Offloading for feeding and watering: If desired by the owners, livestock may be off-loaded for feeding and watering at a station convenient to the Corporation between that from which they are forwarded and their destination, but they must not be detained more than 24 hours, otherwise the journey will be regarded as a new journey from the point where the stock was detained, and charges will be payable thereon accordingly.

44.1.12 Corporation may feed and water livestock: The Corporation may, whenever it considers it necessary, provide livestock whilst in its charge with food or water, or both (when practicable), at the expense of the consignees or consignors (as the case may be), and for such purpose the livestock may be off-loaded. In no case will any charge be made for the water supplied to such stock.

44.1.13 Reloading charge: When livestock has been off-loaded for feeding and watering, the Corporation may, whenever it performs the work of reloading, make an additional charge of $11.66 per four-wheeled wagon n.o.s., $15.53 per Hc or Jc wagon and $23.32 per bogie wagon.

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

44.1.15 Deaths in transit: 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 Corporation and such carcass must be removed forthwith from Corporation property, failing which the Corporation 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 hereinafter provided without relieving consignees of the responsibility for taking delivery of dead animals found in wagons on arrival at destination. If animals die in wagons or railway enclosures in circumstances where it is found impossible, or in the opinion of the Corporation, not reasonably practicable to tender the carcass of such dead animals to the consignee, the cost of removing and burying such animals must be paid by the consignor (or consignee) at the following scale:

44.1.16 Unloading at destination: Livestock received by rail at stations must be removed within three working hours after their arrival, otherwise such stock shall be unloaded and held at the sole risk and expense of the owner. A charge of $10.61 per four-wheeled wagon n.o.s., $14.09 per Hc or Jc wagon, and $21.23 per bogie wagon will be made for unloading such stock.

44.1.17 Delay in taking delivery: Except as may be otherwise provided, a charge of $2.02 per head of cattle or horses, and 77 cents per head of sheep, goats, calves (under six months old), pigs, or other small stock, will be made for every eight 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 Corporation 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 Corporation be sent for stabling or grazing at the sole risk and expense of the consignee, and any expense incurred by the Corporation 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.

44.1.18 Sale of undelivered livestock: Subject to the provisions of the New Zealand Railways Corporation Act 1981 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, requests 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.