648
Right of beneficiaries to bring action if no action brought by executors within six months after death of deceased person.
27 & 28 Vict. c. 95 s. 1.
Delivery by plaintiff of particular of persons on whose behalf action is brought.
9 & 10 Vict. c. 93 s. 1.
Money may be paid into Court as one sum.
27 & 28 Vict. c. 95 s. 2.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1889.
5.—(1.) If and so often as it happens at any time or times hereafter, 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 such executor or administrator.
(2.) Every such action so to be brought 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.
Limitation of action.
9 & 10 Vict. c. 93 s. 3.
(2.) If the said sum is accepted in full satisfaction of the plaintiff's claim, the Court or a Judge thereof 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.
A.D. 1889.
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