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2 1943



Recovery of Damages by the Board Against Negligent Shipping or Railway Company.

Recovery of damages by the Board against negligent shipping or railway company.

16. —Where—

(a) compensation in respect of loss or damage to an animal is payable under section 18 of the Principal Act, or under section 14 of this Act, and

(b) such loss or damage is alleged to have occurred in circumstances creating a legal liability on a shipping or railway company,

the following provisions shall have effect, that is to say:—

(i) the owner or the personal representative of the owner of the animals shall not take proceedings against such company claiming damages in respect of such loss or damage;

(ii) the Board may, in the name and on behalf of such owner or personal representative, take such proceedings;

(iii) if in such proceedings the claim is established the damages to be awarded shall be a sum equal to the amount of such compensation;

(iv) the damages so awarded shall be payable to the Board and when received by the Board paid into the Exported Live Stock (Insurance) Fund;

(v) any costs and expenses incurred by such owner or his personal representative in such proceedings shall be paid by the Board.