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First | Previous (PART III. Extension of the Principal Act to Animals Exported Via Northern Ireland.) |
EXPORTED LIVE STOCK (INSURANCE) ACT, 1943
[GA] | ||
[GA] |
PART IV. Recovery of Damages by the Board Against Negligent Shipping or Railway Company. | |
[GA] |
Recovery of damages by the Board against negligent shipping or railway company. |
16. —Where— |
[GA] | (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 | |
[GA] | (b) such loss or damage is alleged to have occurred in circumstances creating a legal liability on a shipping or railway company, | |
[GA] | the following provisions shall have effect, that is to say:— | |
[GA] | (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; | |
[GA] | (ii) the Board may, in the name and on behalf of such owner or personal representative, take such proceedings; | |
[GA] | (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; | |
[GA] | (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; | |
[GA] | (v) any costs and expenses incurred by such owner or his personal representative in such proceedings shall be paid by the Board. |