New South Wales Consolidated Acts New South Wales Consolidated ActsEvery such carrier shall be liable for the loss of or for any injury done to any horses cattle or other animals or to any articles goods or things in the receiving forwarding or delivering thereof occasioned by the neglect or default of the carrier or the carrier’s servants notwithstanding any notice condition or declaration made and given by such carrier contrary thereto or in anywise limiting such liability every such notice condition or declaration being hereby declared to be null and void but the provisions in this section contained shall be subject to the following qualifications and conditions:
(a) Every such carrier may make such conditions with respect to the necessary forwarding and delivering of any of the said animals articles goods or things as the Court or Judge before whom any question relating thereto is tried adjudges to be just and reasonable.
(b) No greater damages shall be recovered for the loss of or for any injury done to any of such animals beyond the sums mentioned in the Third Schedule unless the person sending or delivering the same to such carrier has at the time of such delivery declared them to be respectively of higher value in which case such carrier may 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 and such percentage or increased rate of charge shall be notified in the manner prescribed in the fifth section in the manner therein mentioned.
(c) No special contract between such carrier and any other parties respecting the receiving forwarding or delivering of any animals articles goods or things as aforesaid shall be binding upon or affect any such party unless the same be signed by the party or by the person delivering such animals articles goods or things respectively for carriage.
(d) Nothing in this section shall affect the rights privileges or liabilities of any such carrier with respect to articles of the description mentioned in the Second Schedule.