THE HONGKONG GOVERNMENT GAZETTE, JULY 2, 1909.
(2.) Where such higher value has been declared the Charge on railway administration may charge in respect of the in- increased creased risk a percentage upon the excess of the value so declared over the respective sums aforesaid.
risk.
23. The railway administration shall not be responsible Liability as for the loss destruction or deterioration of any passenger's to passen- luggage unless it has been delivered into the custody of a ger's luggage. railway official.
24.—(1.) When any articles mentioned in the Schedule Liability as are contained in any parcel or package delivered to the to articles of railway administration for carriage by railway and the special value. value of such articles in the parcel or package exceeds one hundred dollars the railway administration shall not he respousible beyond that sum for the loss destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the railway administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by railway and if so required by the railway administration paid or engaged to pay a percent- age on the value so declared by way of compensation for increased risk.
tion recover- able not to
(2.) When any parcel or package of which the value has Compensa- been declared under sub-section (1) has been lost Or destroyed or has deteriorated the compensation recoverable exceed the in respect of such loss destruction or deterioration shall not value fleelar- exceed the value so declared and the burden of proving the ed. value so declared to have been the true value shall not- withstanding anything in the declaration lie on the person claiming the compensation.
(3.) The railway administration may make it a condition Declaration of carrying a parcel declared to contain any article mentioned of contents in the Schedule that the railway servant authorized in this of parcel.
behalf has been satisfied by examination or otherwise that
the parcel actually contains the article declared to be there-
in.
(4.) The foregoing provisions of this section shall not Exemption. apply to any parcel carried by the railway for any postal authority.
loss of ani-
25. In any suit against the railway, administration for Burden of compensation for loss destruction or deterioration of animals proof in or goods delivered to the railway administration for respect of carriage by railway it shall not be necessary for the plain- malsor goods. tiff to prove how the loss destruction or deterioration was caused. In every such proceeding the burden of proving the value of the animals or goods and where the same have been injured and the extent of the injury shall lie upon the person claiming the compensation,
26. A person shall not be entitled to a refund of an Notification overcharge in respect of animals or goods carried by a rail- of claims to way or to compensation for the loss destruction or leterior- refund of
overcharges ation of animals or goods delivered to be so carried unless and com- his claim to the refund or compensation has been preferred pensation for in writing by him or on his behalf to the railway adminis- losses. tration within six months from the date of the delivery of the animals or goods for carriage by railway.
27. Notwithstanding anything in the foregoing provi- Exoneration sions the railway administration shall not be responsible from respon- for the loss destruction or deterioration of any goods with sibility in
case of goods respect to the description of which an account materially falsely false has been given to the railway administration by the described. owner or person having charge thereof if the loss destruc- tion
or deterioration is in any way brought about by the false account and the railway administration shall not be responsible in any case for an amount execeding the value of the goods if such value were calculated in accordance with the description contained in the false
account.
Accidents.
28. When any of the following accidents occur in the Report of working of any railway--
(a.) Any accident attended with loss of human life or with grievous bodily harm or with serious injury to property.
accidents.
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