CARTAGE OF PIGS

New Zealand Herald, Volume LXXIV, Issue 22627, 15 January 1937, Page 12

CARTAGE OF PIGS

ROTORUA PROSECUTION ACTIVITIES OF DEALER INTERESTING POINT RAISED [nv telegraph —own correspondent] ROTOJJUA, Thursday An interesting point in connection with the operation of a pig-dealer's business was decided in the Potorua Court this morning when Thomas A. Turner, of Rotorua, was proceeded against by tho district main highways inspector, Mr. P. M. Ford, for operating an unlicensed goods service in contravention of tho Transport Licensing Act. Iho point at issue was whether by taking possession of nine pigs for despatch to the Westfield freezing works and debiting the charges of insurance, freight and cartage in defendant's own truck to tho vendor, Turner had actually assumed possession of tho pigs, or, alternatively, acted as an agent for the vendor and, by charging cartage contravened the Act.

Mr. Ford claimed that, as negotiations for the outright purchase of the pigs owned by a farmer named If. Tuhoro had been unsuccessful, it had been arranged that Turner should cart the pigs from Tikitore to the Rotorua station and consign them to tho freezing works. This had been done and when the pigs had been accepted at the works and payment made Turner had forwarded a cheque to Tuhoro, first deducting tho charges for insurance, freight and cartage on his own truck. The deduction of the cartage, it was contended, made Turner liable to prosecution under the Transport Licensing Act and indicated also that when the pigs were consigned they were still tho property of Tuhoro. Evidence was given by ITnrry Tuhoro, and subsequently Mr. S. L. Patorson, S.M., said it appeared that Turner had no right to charge cartage. Mr. Potter, ttlio appeared for Turner, said if that was the magistrate's decision he could carry the matter no further. All Turner wanted to know was where he stood in such cases and tho Court could be assured that there would be no further offence. Tho magistrate entered a conviction and ordered Turner to pay the costs of tho prosecution.