422
by wrongful 9 & 10 Vict.
act, etc.
c. 93, s. 1.
Action to be
relations of
deceased
No. 3 of 1889.
FATAL ACCIDENTS.
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, notwithstanding 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, 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 executor or administrator of the deceased person.
9 & 10 Vict,
c. 93, s. 2.
Beneficiaries may bring action if none
executors.
within six months.
(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 such executor or administrator.
27 & 28 Vict. c. 95, s. 1.
Plaintiff to give
persons for whom he
(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.
9 & 10 Vict.
c. 93, s. 4.
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