TRANSPORT OF SHEEP

Te Awamutu Courier, Volume 58, Issue 4187, 22 May 1939, Page 6

TRANSPORT OF SHEEP

EFFECT OF REGULATIONS. 4 There have been several prosecutions in recent months for the conveyance of sheep without the necessary consignment notes. The condition stipulated in the regulations, in terms of the amended Stock Act, should by now be understood by all carriers, and the indications all suggest a more rigid enforcement of the regulations. Carriers should be warned, therefore, against the removal of any sheep without the accompaniment of a consignment note, A Manawatu case, however, is of especial interest. Messrs Currie Bros., Ltd., were brought before the Magistrate’s Court on a charge of failing to have a PROPER consignment note for the carriage of sheep. At the hearing it transpired that the drover had a consignment note, but he was unable to obtain the signature of the owner (or his authorised agent) when the sheep were loaded. The magistrate held that the Act plainly stated that the owner (or his authorised agent) should sign the consignment note, and until that was done the carrier should not have lifted the sheep. It was argued in rebuttal that if such a stipulation were to be enforced it would bring about a breakdown of the transport industry. The carrier could not get the signatures in many places. Either trucks would stand idle while a hunt was made for someone to sign the notes, or farmers would be idle while awaiting the arrival of a carrier.

The magistrate said he had to interpret the law as it was. The carrier had to carry out the law as it was. There was another place to argue out the shortcomings or deficiencies in the Act. The carrier was convicted and ordered to pay costs, the case being regarded as a warning. It was stated at the time the regulation was announced that in the event of consignor or consignee not being available to sign at the time of pick-up or delivery of the sheep it would be accepted if. the carrier established his bona tides in the observance of the spirit of the regulation. In such cases he would record all details and himself endorse the notes, “Signature not available.” Obviously it could be assumed, in such vases, in the event of any question being raised, the signatures could be obtained later or the details of .the notes verified by the consignor or consignee. On the face of things it would appear that there must have been some very exceptional circumstances which have not yet been disclosed in the 'Manawatu prosecution.