212
ni
FATAL ACCIDENTS.
No. 3 of 1889.
461
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.
of
within 6 months.
5.—(1) If and so often as it happens in any of the cases intended Beneficiaries may bring and provided for by this Ordinance, that there is no executor or action if none brought by executors' 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 6 months after the death 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 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.
[27 & 28 Vict. c. 95 s. 1.]
Plaintiff to give particular of persons for whom he sues.
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.
[9 & 10 Vict. c. 93 s. 4.]
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 Court as one sum.
[27 & 28 Vict. c. 95 s. 2.]
Money may be paid into
(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...
* As amended by No. 62 of 1911.
*