FATAL ACCIDENTS ORDINANCE, 1889

FATAL ACCIDENTS ORDINANCE, 1889

No. 3 of 1889.

An Ordinance to consolidate and amend Ihe 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 stepson and stepdaughter.

(b) ' Parent ' includes father and mother, and grandfather
and grandmother, and stepfather and stepmother.

3. Whenever the death of a person 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 darnages in
respect thereof, then and in every such 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.

C-(i) 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 exe.cutor or administrator
of the deceased person.

(2) In every such action the jury, or, where the action is
tried without a jury, the court, may 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
as 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 executor
or administrator, no such action as aforesaid 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 administrator, then and in every such case such
action may be brought ' by and in the name or names of all or
any of the persons (if more than one) for whose benefit such
action would have been, if it had been brought by and in the
name of stich 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 regulations and procedure, as
nearly as may be, as if it had been brought by and in the name of such
executor or administrator.

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

7.-(1) If, in any such action as aforesald, the defendant is advised to
pay money into court, it shall be sufficient if lie 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 into 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 than 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 defendant shall be entitled to the verdict or
judgment upon that issue.

8. Not more than one action 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.] Short title. Interpretation. 9 & 10 Vict. C. 93, s. 5. [cf. No. 11 of 1936, s. 2 (3)(a).] 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 none 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.] Short title. Interpretation. 9 & 10 Vict. C. 93, s. 5. [cf. No. 11 of 1936, s. 2 (3)(a).] 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 none 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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