87. Restriction on execution against railway property

(1)

None of the rolling-stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway company for the purpose of traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law power to attach or distrain property, or otherwise to cause property to be taken in execution unless by order or direction of the court pursuant to paragraph 80(b).

(2)

Nothing in subsection (1) shall be construed as affecting the authority of any court to attach the earnings of a railway company in execution of a judgement or order.

Terms defined in s 2

property
Defined · s 2
“property” means any movable or immovable property, and includes— (a) any right, interest, title, claim, chose-in-action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value; (b) any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property whereof the person executing the conveyance is proprietor or possessed or wherein he is entitled to a contingent right, either for his whole interest or for any less interest; (c) any monetary instrument; (d) any other instrument or securities; (e) any business; and (f) any other tangible or intangible property;
Open s 2
railway
Defined · s 2
“railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes— (a) all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway; (b) all rolling-stock used for the purposes of traffic; and (c) in so far as the context allows, a railway under construction by or for any railway company, but does not include— (d) the Sabah Railway; (e) any railway used or, in the case of a railway to be constructed, intended to be used, by any person for the carriage of goods within any premises occupied by such person; and (f) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises;
Open s 2
railway company
Defined · s 2
“railway company” includes any person or persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway;
Open s 2
rolling-stock
Defined · s 2
“rolling-stock” includes tenders, motors, coaches, wagons, trucks, trolleys, carriages of any kind and locomotive and other kinds of engine used on a railway;
Open s 2

Report

Read on from s 88

Part XII

Railway Assets Corporation and Railway Property

Read on from Part XII

Part XIII

Repeal and Savings

Read on from Part XIII