Railways Act 1905 · 2020 Revised Edition · Part 7 · Responsibility of Railway Administration as Carriers
37. Provision as to liability in respect of carriage of certain animals
Feedback & supportThe responsibility of a railway administration for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not in any case exceed, in the case of horses, $350 a head, or in the case of mules, donkeys or horned cattle, $100 a head, or in the case of sheep, goats, dogs or other animals, $20 a head, unless the person sending or delivering them to the administration caused them to be declared or declared them at the time of their delivery for carriage by railway to be respectively of higher value.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;
Where such higher value has been declared the railway administration may charge in respect of the increased risk a percentage upon the excess of the value so declared over the respective sums aforesaid.
The railway administration shall not under any circumstances be liable for the loss, destruction or deterioration of any animal if such loss, destruction or deterioration is due to fright or restiveness not caused by negligence or misconduct on the part of any railway official, nor for any loss or damage arising from delay in the conveyance of any animal not caused by such negligence or misconduct as aforesaid.
railway official
“railway official” includes all persons employed by or on behalf of the railway administration to perform any function in connection with a railway.