1118
No. 21 of 1909.
RAILWAYS.
Declaration of contents of parcel.
Exemption.
Burden of proof in respect of loss of animals or goods.
Notification of claims to refund of overcharges and compensation for losses.
Exoneration from responsibility in case of goods falsely described.
or has deteriorated, the compensation recoverable in respect thereof shall not exceed the value so declared, and the burden of proving it to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
(3) The administrator may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway servant authorized in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
(4) This section shall not apply to any parcel carried by the railway for any postal authority.
25. In any suit against the administrator for compensation for loss, destruction or deterioration of animals or goods delivered for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused; but the burden of proving the value of the animals or goods, and where the same have been injured, the extent of the injury, shall lie upon the claimant.
26. A person shall not be entitled to a refund of an overcharge in respect of animals or goods carried by a railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried unless his claim has been preferred in writing by him or on his behalf to the administrator within six months from the date of delivery of the animals or goods for carriage.
27. Notwithstanding anything in the foregoing provisions, the administrator shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which an account materially false has been given by the owner or person having charge thereof, if the loss, destruction or deterioration is in any way brought about by the false account, and the administrator shall not be responsible in any case for an amount exceeding the value of the goods calculated in accordance with the description contained in the false account.
* As amended by No. 28 of 1927 [23.12.27].
1118
No. 21 of 1909.
RAILWAYS.
Declaration of contents of parcel.
Exemption.
Burden of proof in respect of loss of animals
or goods.
*
Notification of claims to refund of overcharges
and compen- sation for losses.
Exoneration
from respon sibility in case of
goods falsely
described.
or has deteriorated, the compensation recoverable in respect thereof shall not exceed the value so declared, and the burden of proving it to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
(3) The administrator may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway servant authorized in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
(4) This section shall not apply to any parcel carried by the railway for any postal authority.
25. In any suit against the administrator for compensation for loss, destruction or deterioration of animals or goods delivered for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused; but the burden of proving the value of the animals or goods, and where the same have been injured, the extent of the injury, shall lie upon the claimant.
26. A person shall not be entitled to a refund of an over- charge in respect of animals or goods carried by a railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried unless his claim has been preferred in writing by him or on his behalf to the adminis- trator within six months from the date of delivery of the animals or goods for carriage.
27. Notwithstanding anything in the foregoing provisions, the administrator shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which an account materially false has been given by the owner or person having charge thereof, if the loss, destruction or deterioration is in any way brought about by the false account, and the administrator shall not be responsible in any case for an amount exceeding the value of the goods calculated in accordance with the description contained in the false account.
* As amended by No. 28 of 1927 (23.12.27].
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