FATAL ACCIDENTS ORDINANCE, 1889

FATAL ACCIDENTS ORDINANCE, 1889

No. 3 of 1889.

An Ordinance to consolidate and amend the law relating to
the compensation of the families of persons killed by
accidents arising from negligence.

[18th January, 1889.]

1. This Ordinance may be cited as the Fatal Accidents
Ordinance, 1889.

2. In this Ordinance,

(a) Child includes son and daughter, and grandson and
granddaughter, and step-son and step-daughter.

(b) Parent includes father and mother, and granfather
and grandmother, and step-father and step-mother.

3. Whenever the death of a peson is caused by any
wrongful act, neglect, or default, and the act, neglect, or
default is such as would (if death had not ensued) have
entitled the person injured to maintain an action and recover


* As amended by No. 11 of 1922 and Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923.






















damages in respect thereof, then and in every sutch case the
person who would have been liable if death had not ensued
shall be liable to an action for damages, notwithstanding the
death of the person injured; and although the death may
have been caused in such circumstances as amount in law
to felony-

4.-(1) Every such action shall be for the benefit of the
wife, husband, parent, and child of the person whose death
has been so caused, and shall, except as, hereinafter provided,
be brought by and in the name of the executor or admin-
istrator of the deceased person.

(2) In every such action the jury, or, where the action is
tried without a the court, niay give such damages as
they or it may think proportioned to the injury resulting,
from such death to the parties respectively for whom and for,
whose benefit such action is brought; and the amount so
recovered, after deducting the costs not recovered from the
defendant, shall be divided amongst the before-mentioned
parties in such shares, is the jury by their verdict may find
or the court, if the case is tried without a jury, may direct.

5.-(1) If and so often as It happens in any of the cases
intended and provided for, by this Ordinance, that there is
no executor or administrator of the person killed within the
meaning of this Ordinance, or that, there being such execidor
or administrator, no such action as aforesdid has, within six
months after the death of the person whose death has been
so caused as aforesaid, been brought by and in the name of
his executor or adiministrator, then and in every such case
such action may be brought by and in the name or names of
all or any of persons (if more than one) for whose benefit
such action would have been, if it had be brought by and
in the name of such executor or administrator.

(2) Every such action shall be for the benefit of the same
person, or persons, and shall be subject to the same
tions and procedure, as nearly as may be, as if it had been
brought by and in the name of such executor or adminsitrator.

6. In every such action the plaintiff on the record shall be
required, on taking out the of summons in such action,
to deliver to the defendant or his solicitor a full particular
of the person of persons for whom and on whose behalf such
action is brought and of the nature of the claim in respect of
which damages are sourgh to be recovered.






















7.-(1) If, in any such action as aforesaid, the defendeant
is advised to pay money into court, it shall be sufficient if he
pays it as a compensation in one sum to all persons entitled
under this Ordinance for his wrongful act, neglect, or default,
without specifying the shares ninto which it is to be divided
by the jury, if any, or by the court, if there is no jury.

(2) If the said sum is accepted in full satisfaction of the
plaintiff's claim, the court or judge shall have power, either
at the trial or on a summons for that purpose, to apportion
the same amongst the parties, if more htan one, entitled
thereto.

(3) If the said sum is not accepted, and an issue is taken
by the plaintiff as to its sufficiency, and the jury or court, as
the case may be, think or thinks the same sufficient, the
defenddant shall be entitled to the verdict or judgment upon
that issue.

8. Not more than one actiojn shall lie for and in respect
of the same subject-matter of complaint: and every such
action shall be commenced within twelve months after the
death of the person whose death has been so caused as
aforesaid.
[Originally No. 3 of 1889. Law Rev. Ord., 1924.] Short title. Interpretation 9 & 10 Vict.c. 93, s. 5. Right of action against person causing death by wrongful act, etc. 9 & 10 Vict.c. 93, s. 1. Action to be for benefit of relations of deceased person. 9 & 10 Vict.c. 93, s. 2. Beneficiaries may bring action if non brought by executors within six months. 27 & 28 Vict.c. 95, s. 1. Plaintiff to give particular of persons for whom he sues. 9 & 10 Vict.c. 93, s. 4. Money may be paid into court as one sum. 27 & 28 Vict.c. 95, s. 2. Limitation of action. 9 & 10 Vict.c. 93, s. 3.

[Originally No. 3 of 1889. Law Rev. Ord., 1924.] Short title. Interpretation 9 & 10 Vict.c. 93, s. 5. Right of action against person causing death by wrongful act, etc. 9 & 10 Vict.c. 93, s. 1. Action to be for benefit of relations of deceased person. 9 & 10 Vict.c. 93, s. 2. Beneficiaries may bring action if non brought by executors within six months. 27 & 28 Vict.c. 95, s. 1. Plaintiff to give particular of persons for whom he sues. 9 & 10 Vict.c. 93, s. 4. Money may be paid into court as one sum. 27 & 28 Vict.c. 95, s. 2. Limitation of action. 9 & 10 Vict.c. 93, s. 3.

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