662911-1888-Chinese-Emigration-Consolidation-Bill — Page 36

THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

A BILL

ENTITLED

An Ordinance to consolidate and amend the Law relating to the compensation of the families of persons killed by accidents arising from negligence.

E it enacted by the Governor of Hongkong, by and

BE with the advice and convent of the Legislative Council

thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Compensation to Families Ordinance, 1888.

2. Ordinance No. 10 of 1870 is hereby repealed, but such repeal shall not affect the past operation of the said Ordinance or any liability, or thing incurred, done or suffered thereunder.

3. In the interpretation of this Ordinance the word parent shall include father and mother, and grand-father and grand-mother, and step-father and step-mother; and the word child shall include son and daughter, and grand- son and grand-daughter and step-son and step-daughter.

4. Whensoever the death of a person shall be caused by any wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the person injured to maintain a suit and recover 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 a suit for damages notwithstanding the death of the person injured, and although the death shallhave been caused under such circumstances as amo untin law to felony.

5. Every such suit shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall except as hereinafter provided be brought by and in the name of the executor or administrator of the person deceased; and in every such suit the jury, or where the suit 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 suits 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.

6. If and so often as it shall happen at any time or times hereafter in any of the cases intended and provided for by this Ordinance that there shall be no executor or adminis- trator of the person killed within the meaning of this Ordi- nance or that there being such executor or administrator no such suit as aforesaid, 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 fame 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 same person or persons and shall be subject to the same regulations and procedure as ucarly as may be as if it were brought by and in the name of such executor or administrator.

7. In every such suit the plaintiff on the record shalt be required on filing his petition in such suit to deliver to the. defendant or his solicitor a full particular of the person or persons for whom and on whose behalf such suit is brought and of the nature of the claim in respect of which damages are sought to be recovered. 爨

8. If in any such suit as aforesaid, the defendant is advised to pay money into Court it shall be sufficient if he pay 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 be no jury: [if the said. sum be accepted in full satisfaction of the plain- tiff'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 sufficiency and the jury or Court (as the case may be) shall think the same sufficient, the defendant shall be entitled to the verdict or judgment upon that issue.

9. Not more than one suit shall lie for and in respect of the same subject matter of complaint; and every such suit shall be commenced within twelve calendar mouths after the death of the person so killed as aforesaid.

Titlc.

Short title.

Repeal.

Interpreta- tion.

(No. 10 of 1870, 8. 1, 9 and 10 V.

c. 93, 8. 5),

Suit may be brought against person causing death, &c.

(No. 10 of 1870, 8. 2, 9 and 10 V. c. 93, B.-10).

Suit for benefit of relations of deceased.

(No. 10 of 1870 9. 3, 9 & 10 V,. c. 93, 5. 2).

Where no suit.

within six months by executor beneficiaries

may sue. (27 and 28 V. c, 95, s. D.

Plaintiff to deliver full Particulars of the person on whose behalf the suit is brought. (No. 10 of 1870. 8. 5, 9 and 10 V. c. 93, s. 4).

Money may be pald into Court as one

$11111.

(27 and 28 V. c. 95, s. 2),

Limitation of suit,

(No. 10 of 1870, *. 1, 9 and 10 V. e. 93. s. 3).

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