THE HONGKONG GOVERNMENT GAZETTE, 13TH AUGUST, 1870.
for loss above
III. No Innkeeper shall, after the Passing of this Ordinance, Innkeeper not be liable to make good to any Guest of such Innkeeper any Loss to be liable of or Injury to Goods or Property brought to his Inn, not being a $150 except Horse or other live Animal, or any Gear appertaining thereto, or in certain any Carriage, to a greater Amount than the Sum of One hundred Cases. and Fifty Dollars except in the following Cases; that is to say:- 1. Where such Goods or Property shall have been stolen, lost, or injured through the wilful Act, Default, or Neglect of such Innkeeper or any Servant in his Employ:
2. Where such Goods or Property shall have been deposited
expressly for safe Custody with sucli Innkeeper: Provided always, that in the Case of such Deposit, it shall be lawful for such Innkeeper, if he think fit, to require, as a Condi- tion of his Liability, that such Goods or Property shall be deposited in a Box or other Receptacle, fastened and sealed by the Person depositing the same.
Proviso.
such Guesta
IV. If any Innkeeper shall refuse to receive for safe Custody, Obligation to as before mentioned, any Goods or Property of his Guest, or if receive any such Guest shall, through any Default of such Innkeeper, be Property of unable to deposit such Goods or Property as aforesaid, such Inn- for safe keeper shall not be entitled to the benefit of this Ordinance in Custody. Respect of such Goods or Property,
V. Every Innkeeper shall cause at least One Copy of the Notice of Law, Third Section of this Ordinance, printed in plain Type, to be &c., to be exhibited in a conspicuous Part of the Hall or Entrance to his Inn, conspicuously and he shall be entitled to the Benefit of this Ordinance in respect of such Goods or Property only as shall be brought to his Inn while such Copy shall be so exhibited.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for compensating the Families of Persons killed by Accidents arising from Negligence.
[
1870.]
WIERDAs of an Act of the Imperial Parliament passed in
HEREAS it is expedient to extend to this Colony the Pro-
the Ninth and Tenth Years of the Reign of Her Majesty Queen Victoria entitled "An Act for compensating the Families of Persons killed by Accidents:" Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
exhibited.
Title.
Preamble.
I. In the Interpretation of this Ordinance the Word "Parent" Interpretation shall include Father and Mother, and Grand-father and Grand- Clause. mother, and Step-father and Step-mother; and the Word “Child” shall include Son and Daugliter, and Grandson and Grand- daughter, and Step-son and Step-daughter.
against Person cansing Death
II. Whensoever the Death of a Person shall be caused by any Action may wrongful Act, Neglect, or Default, and the Act, Neglect, or Default be brought is such as would (if Death had not ensued) have entitled the Party injured to maintain an Action and recover Damages in Respect throu Ne thereof, then and in every such Case the Person who would liave glect, &c. 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 shall have been cansed under such Circum- stances as amount in Law to Felony.
Relations of
strator.
III. Every such Action shall be for the Benefit of the Wife, Action to be Husband, Parent, and Child of the Person whose Death shall have for Benefit of been so caused, and shall be brought by and in the Name of the Deceased and Executor or Administrator of the Person deceased; and in every to be brought such Action the Jury, or where the Action is tried without a by his Execu- Jury, the Court, may give such Damages as they may think or er Admini- proportioned to the Injury resulting from such Death, to the Parties respectively for whom and for whose Benefit such Ac- tions shall be brought; and the Amount so recovered, after deducting the Costs not recovered from the Defendant, shall be divided amongst the beforementioned Parties in such Shares as the Jury by their Verdict shall find, or the Court, if the Case be tried without a Jury, shall direct. ·
lie, and must
IV. Not more than One Action shall lie for and in Respect of Only One the same subject Matter of Complaint; and every such Action shall Action shall be commenced within Twelve Calendar Mouths after the Death commenced of such deceased Person,
within 12 Muths.
deliver full
V. In every such Action the Plaintiff on the Record shall be Plaintiff to required, together with the Declaration, to deliver to the l'efend- Particulars of ant or his Attorney a full Particular of the Person or Pers ns the P'erson on for whom and on whose Behalf such Action shall be brought and whose Behalf of the Nature of the Claim in Rospect of which Damages shall be Action
brought. sought to be recovered.
383