Railways Act 1905 · 2020 Revised Edition · Part 9 · Management
82. Liability of owner of animal found trespassing
Feedback & supportThe owner of any animal which trespasses or strays upon the railway or upon any land appertaining to the railway, such railway or lands being provided with suitable fences for excluding cattle, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10 for each animal.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
Any railway official may take or drive every animal so found trespassing to the nearest police station, there to be detained until the highest amount of fine incurred by such trespass and the expense of feeding and keeping the animal is paid, or until a Magistrate’s Court otherwise orders.
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.
If such animal becomes unmanageable or suffers from fatal or serious injury any railway official not below the rank of station master may shoot or otherwise destroy it, and the owner shall be liable to prosecution and fine if the trespass is proved.
A Magistrate’s Court may, upon proof of the trespass, cause such animal to be sold by public auction, and the proceeds of the sale, after deducting therefrom such fine as the Court may award and such further sum as the Court may order to be paid for the expense of detaining, feeding and selling such animal, shall be returned to the owner of the animal on demand.
Nothing in this section shall be deemed to render the railway administration liable for any injury to any animal trespassing or straying upon the railway or upon any land appertaining to the railway for which the railway administration would not have been liable if this section had not become law.
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;