RAILWAY AND CANAL TRAFFIC ACT 1854 - SECT 7 Proceedings to be taken only as herein provided; saving as to other remedies.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> RAILWAY AND CANAL TRAFFIC ACT 1854

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RAILWAY AND CANAL TRAFFIC ACT 1854 - SECT 7

Proceedings to be taken only as herein provided; saving as to other remedies.

7. Every such company as aforesaid shall be liable for the loss of or for any
injury done to any horses, cattle, or other animals, or to any articles,
goods, or things, in the receiving, forwarding, or delivering thereof,
occasioned by the neglect or default of such company or its servants,
notwithstanding any notice, condition, or declaration made and given by such
company contrary thereto, or in anywise limiting such liability, every such
notice, condition, or declaration being hereby declared to be null and void:
Provided always, that nothing herein contained shall be construed to prevent
the said companies from making such conditions with respect to the receiving,
forwarding, and delivering of any of the said animals, articles, goods, or
things as shall be adjudged by the court or judge before whom any question
relating thereto shall be tried to be just and reasonable: Provided always,
that no greater damages shall be recovered for the loss of or for any injury
done to any of such animals, beyond the sums herein-after mentioned; (that is
to say), for any horse fifty pounds; for any neat cattle, per head, fifteen
pounds; for any sheep or pigs, per head, two pounds; unless the person sending
or delivering the same to such company shall, at the time of such delivery,
have declared them to be respectively of higher value than as above mentioned;
in which case it shall be lawful for such company to demand and receive by way
of compensation for the increased risk and care thereby occasioned a
reasonable per-centage upon the excess of the value so declared above the
respective sums so limited as aforesaid, and which shall be paid in addition
to the ordinary rate of charge; and such per-centage or increased rate of
charge shall be notified in the manner prescribed in the Carriers Act, 1830,
and shall be binding upon such company in the manner therein mentioned:
Provided also, that the proof of the value of such animals, articles, goods,
and things, and the amount of the injury done thereto, shall in all cases lie
upon the person claiming compensation for such loss or injury: Provided also,
that no special contract between such company and any other parties respecting
the receiving, forwarding, or delivering of any animals, articles, goods, or
things as aforesaid shall be binding upon or affect any such party unless the
same be signed by him, or by the person delivering such animals, articles,
goods, or things respectively for carriage: Provided also, that nothing herein
contained shall alter or affect the rights, privileges, or liabilities of any
such company under the Carriers Act, 1830, with respect to articles of the
description mentioned in the said Act.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/racta1854201/s7.html

Northern Irish Legislation

RAILWAY AND CANAL TRAFFIC ACT 1854 - SECT 7