1114 [ 3 OF 1889. ] COMPENSATION TO FAMILIES .
amount so recovered, after deducting the costs not recovered
from the defendant, shall be divided amongst the beforemen
tioned parties in such shares as the jury by their verdict shall
find, or the Court, if the case be tried withont a jury,, shall
direct .
Where no suit 6. If and so often as it shall happeri at any time or times
within six
months by hcreafter in any of the cases intended and provided for by this
executor,
beneficiaries
ordinance that there shall be no executor or administrator of
may sue. the person killed within the meaning of tliis ordivance or that
27and 28
c . , . 1. V. there being such executor or administrator no such suit as afore
sail, shall within six months after the death of the person so
killed as aforesaid have been brought by and in the name of his
or her executor or administrator, then and in every such case
such suit 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
suit would have been , if it had been brought by and in the name
of such executor or administrator ; and every such suit so to
be brought shall be for the benefit of the sameperson or persons
and shall be subject to the same regulations and procedure as
nearly as may be as if it were brought by and in the name of
such executor or administrator.
Plaintiff to
deliver full 7. In every such suit the plaintiff on the record shall be
particulars of required on taking out the writ of summons in such suit to
ihe person of deliver to the defendant or his solicitor a full particular of the
behalf
the suit is person or persons for whom and on whose behalf such suit is
brouglst.
(No. 10 of brought and of the nature of the claim in respect of which
1870 , s. 5, 9
and 10 V. c.
damages are sought to be recovered.
93, s. 4. ]
Money may 8. If in any such suit as aforesaid , the defendant is advised
be paid into
Court as one to pay money into Court it shall be sufficient if he pay it as a
sum . compensation in one sum to all persous entitled under this
( 27 and 28 V.
č . 95, s. 2. ) ordinance for his wrongful act, neglect or default without speci
fying the shares into which it is to be divided by the jury ( if
any ) or by the Court if there be no jury : if the said sum be
accepted in full satisfaction of the plaintiff's claim the Court or
a Judge thereof shall have power either at the hearing or upon
a summons for that purpose to apportion the same amongst the
parties if more than one entitled thereto ; but if the said sum
be not accepted and an issue is taken by the plaintiff as to its
sutliciency and the jury or Court ( as the case may be ) shall
think the same suflicient, the defendant shall be entitled to the
verdict or judgment upon that issue.
Limitation of
suit . 9. Not more than one suit shall lie for and in respect of the
(No. 10 of same subject matter of complaint ; and every such suit shall be
1870 , s. 4 , 9 commenced wiihin twelve calendar months after the death of
and 10 V, c.
93 , s . 3. ] the person so killed as aforesaid .