IMPORTANT TIMBER CASE.

Rangitikei Advocate and Manawatu Argus, Volume XXXVII, Issue 10640, 8 May 1913, Page 8

IMPORTANT TIMBER CASE.

alleged under-statement OF CONSIGNMENT OF TIMBER.

At Marfeon Court, before Mr W. Kerr, S.M., A, F. Gibbs and Oompanv. Ltd, were charged that on 10th January at Utiku they did make a false statement in a consignment note aslto the measurement of certain timber delivered up the North Island Main Trunk Railway. ■ Mr Gifford-Marshall, of Wanganui, appeared for the Department, and Mr J. H. Miles for defendants. J, B. Armstrong, District Traffic Manager at Wanganui, said that in consigning timber from one place to another the note signed by the consignor and with the address of the consignee, must contain details as to goods consigned, and he handed to the stationmaster, and at its destination a receipt is given for the consignation. The Department has a timber checker whose duty it is to travel through WanganuiWellingcon timber district to check timber’at different stations. 'He is given a free hand to do what is necessary in the interests of the Department, He might visit Marton once or twice a week. He noticed a deficiency in this case on 18th January on receiving the checker’s report. On 15th February he notified the|consignors and in the meantime had been making _ inquiries. No reply was received from defendants. Shortly after the double fine was imposed by the Department and it was paid. To Mr Miles: Timber checked would go further south than Marton. M.B. truck was one of the large bogey trucks. A full load of timber would be 1300 feet. The checker knows what quantity of timber could be put in the trucks. It is .very usual to find under-statements of from 300 to 400 feet and sometimes less, and double rates on the under-statement only are frequently paid. The Department does not charge on the whole consignment unless it is a very glaring case of under-statement. In many cases uuder-statements are due to clerical mistakes, and sometimes owing to millers cutting timber fall to allow for shrinkage and consigning at 8% instead of 8%, and still another arose from the length of the timber 15ft lengths being consigned as 14ft. There was a margin of allowance in the aggregate Every miller in the district is circularised re railway regulations regarding timber. James Aitken said that in January he was stationmaster at Utiku. He received a document from one of the firm’s servants signed by the secretary. The timber was loaded by the firm. He did not check the waggon, but the extensions on the consignment note, and after the load had gone it was found there was a mistake of 1000 feet. The consignment note charges are entered in the waybill and a copy of the consignment note goes with the load to the consignee. This consignment was paid for at Utiku. He received a note from the checker at Maiton that a under-stated, and the under-statement was charged for at double rate and he reported it to the Traffic Manager at Wanganui, The firm’s ledger account was debited with the amount. A weekly account is rendered and it is paid in following week. Full particulars are furnished. No demur or explanation whatever was made. At first they were charged double rates on the"under-stated amount, and he was then instructed to charge on the whole consignment, which he did. The amount was paid, but no explanation was offered. It rests with the Traffic Manager to decide if the whole consignment is to be charged double rate. He was not aware of the Traffic Manager’s letter, and ho never at any time received any explanation, [Left Sitting.]