270 CARRYING HORSES. 



thereof," "occasioned by tlie neglect or default of such 

 company or its servants, notwithstanding any Notice, 

 Condition or Declaration made and given hij such Com- 

 pani/ contrary thereto, or in anyicise limiting such liabi- 

 lity ; every such Notice, Condition or Declaration made 

 and given, being thereby 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 receiving, forwarding 

 and delivering of any of the said animals or goods that 

 shall be adjudged by the Court or Judge, before whom 

 the question relating thereto shall be tried, to be just 

 and reasonable ; provided always, that no greater damages 

 shall be recovered for the loss or for any injury done to 

 any such animals," beyond 50/. for any Horse, 15/. per 

 head for any Neat Cattle, and 2/. per head for Sheep or 

 Pigs : " unless the person sending or delivering the same 

 to such Companj^ 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 percentage 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." 



It is also provided by this section that such percentage 

 or increased rate of charge shall be publicly notified {e) ; 

 that the onus of proof of value and injury shall lie with 

 the person claiming compensation, and that " the Special 

 Contract shall be signed by him or the person delivering 

 the animals or goods for carriage." 

 Application The Act only extends to the traffic on a Company's own 



of section 7. lines, and section 7 does not apply to a Contract exempting 

 a Company from liability for loss on a Railway not belong- 

 ing to or worked by the Company (/) . But where the Com- 

 pany contract to carry over their own as well as other 

 lines, they must prove that the loss did not occur on their 

 line, in order to avail themselves of a condition of non- 

 liability (r/). 



((•) According to the provisions Q. B. 209 ; 20 L. T., N". S. 873. 



of the Carriers Act, 11 Geo. 4 & 1 (ff) Kent v. Midland Rail icay Co., 



WiU. 4, 0. 68. L. R., 10 Q. B. 1 ; 44 L. J., Q. B. 



(/) Zunz X. South Eastern Raihcaij IS; 31 L. T., N. S. 430. 

 Co., L. R, 4 Q. B. 539; 38 L. J.. 



