FATAL ACCIDENTS ORDINANCE

FATAL ACCIDENTS ORDINANCE

CHAPTER 22.

FATAL ACCIDENTS.

To consolidate and amend the law relating to the compensa-
tion 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.

2. In this Ordinance-
'child' includes son and daughter, and grandson and
granddaughter, and stepson and stepdaughter;
'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
damages 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, notwith-
standing 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, arid 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 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 darnages
as they or it may think proportioned to the injury result-
ing 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
lias, within six months after the death of the person whose
death ha.s 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 liad been brought 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
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 aforesaid, the
defendant 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 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 foi 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 3 of 1889. Fraser 3 of 1889. Short title. Interpretation. 9 & 10 Vict. C. 93, s. 5. [cf. Cap. 28, s. 2. (3) (a).] Right of action against person causing death by wrongful act, etc. 9 & 10 Vice. 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. [cf. 27 & 28 Vict. C. 95, s. 2.] [s. 7 cont.] Limitation of action. 9 & 10 Vict. C. 93, s. 3.

Originally 3 of 1889. Fraser 3 of 1889. Short title. Interpretation. 9 & 10 Vict. C. 93, s. 5. [cf. Cap. 28, s. 2. (3) (a).] Right of action against person causing death by wrongful act, etc. 9 & 10 Vice. 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. [cf. 27 & 28 Vict. C. 95, s. 2.] [s. 7 cont.] Limitation of action. 9 & 10 Vict. C. 93, s. 3.

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