RAILWAYS.
No. 21 of 1909.
1799
by the railway unless such loss, injury, destruction, or deterioration shall have occurred within the Colony, and in any suit against the administration for compensation in respect thereof the burden of proving such fact shall lie upon the person claiming compensation.
in respect of
21. The administration shall in no case be liable for loss or injury Liability for to any articles or goods to be carried by the railway unless it shall loss or injury have been caused by negligence or misconduct on the part of its goods. 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.
22. (1) The responsibility of the administration for the loss, destruction, or deterioration of animals delivered to be carried on the railway shall not in any case exceed, in the case of horses 350 dollars a head, in the case of mules, donkeys, or horned cattle, 100 dollars a head, in the case of sheep, goats, dogs, or other animals, 20 dollars a head, unless the person sending or delivering them caused them to be declared or declared them at the time of their delivery to be respectively of higher value.
**
Provision as to liability in respect to carriage of certain animals.
t
increased
(2) Where such higher value has been declared the administration may charge in respect of the increased risk a percentage risk. upon the excess of the value so declared over the respective sums aforesaid.
23. The administration shall not be responsible for the loss, Liability as destruction, or deterioration of any passenger's luggage unless it to passenger's has been delivered into the custody of a railway official.
24.—(1) When any articles mentioned in the schedule are contained in any parcel or package delivered to the administration for carriage by railway and the value of such articles exceeds 100 dollars the administration shall not be responsible beyond that sum for the loss, destruction, or deterioration of the articles in the parcel or package unless the person sending or delivering it caused its value and contents to be declared or declared them at the time of its delivery, and if so required paid or engaged to pay a percentage on the value so declared in respect of the increased risk.
luggage.
Liability as to articles of special value.
*
(2) When any parcel or package of which the value has been Compensa- declared under sub-section (1) has been lost or destroyed or has tion recover- able not to exceed the value declared.
* As amended by No. 12 of 1912 and No. 13 of 1912.
* As amended by No. 12 of 1912.