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THE HONGKONG GOVERNMENT GAZETTE, JULY 2, 1909.
Right to use
Opening of the Railway.
15. The railway administration may use upon any locomotives. railway locomotive engines or other motive power and roll-
ing stocks to be drawn or propelled thereby,
Certificate to
16. No railway shall be opened for the public carriage Governor-in of passengers until the Chief Resident Engineer has certi- Council prior fied in writing to the Governor-iu-Council that :—
to opening of railway.
Actions against the railway ad- ministration how brought.
Restriction
on execution against rail- way proper
ty.
Service of
summon eA notices etc.
Effect of service by post.
Liability of railway ad-
entined to carriage within the Colony.
(a.) He has made a careful inspection of the railway
and rolling-stock.
(b) The works and rolling-stock are in a sound
condition.
(c.) In his opinion the railway can be opened for the public carriage of passengers without danger to the public using it.
Legal Proceedings.
17. All actions and suits which if the railway were the property of a company under "The Companies Ordinance 1865" having its registered office in the Colony might be brought by and against such company may be brought by and against the Manager and for the purpose of all such actions and suits the lands buildings rolling stock and other property appertaining to the railway shall be deemed to be the property of the Manager.
18.-(1.) None of the rolling stock machinery plant tools fittings materials or effects used or provided by the railway administration for the purpose of the traffic on any railway or of its stations or workshops shall be liable to be taken in execution of any decree or order of any Court or person having by law power to attach or distrain property or otherwise to cause property to be taken in execution.
(2.) Nothing in sub-scetion (1) is to be construed as affecting the authority of any Court to attach the carnings of a railway in execution of a judgment or order.
19.(1.) Any simmons notice order or other document required to be served upon the Manager may be served by leaving the same or sending it through the Post by a registered letter addressed to the said Manager at the principal office of the railway administration.
(2.) Where a summons notice order or other document is served by post it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post and in proving such service it shall be sufficient to prove that the letter coutaining the summons notice order or other document was properly addressed and registered.
Responsibility of the Railway Administration as Curriers.
20. The railway administration shall not be liable for loss injury destruction or de erioration of suima's or goods ministration delivered to the railway administration for earriage by the railway unless such loss injury destruction or deterioration shall have occurred within the Colony, and in any suit against the railway administration for compensation in respect thereof the burden of proving that any such loss injury destruction or deterioration occurred within the Colony shall lie upon the person claiming compensation,
Liability for loss or injury in respect of
goods.
Provision as
cariiage of certain a i- inals.
21. The railway administration shall in no case be liable for loss or injury to any articles or goods to be carried by the railway unless such loss or injury shall have been caused by negligence or misconduct on the part of its agents or servants and unless the articles or goods in respect of which compensation is claimed shall have been booked and paid for in conformity with this Ordinance or the rules and regulations made thereunder.
22.-(1.) The responsibility of the railway administration to liability in for the loss destruction or deterioration of animals delivered respect to
to the administration to be carried on the railway shall not in any case exceed in the case of horses three hundred and fifty dollars a head or in the case of mules donkeys or horned cattle one hundred dollars a head or in the case of sheep goats dogs or other animals twenty dollars a head un- less the person sending or delivering them to the adminis tration caused them to be declared or declared them at the time of their delivery for carriage by railway to be respect- ively of higher value.
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