THE HONGKONG GOVERNMENT GAZETTE, 20тп AUGUST, 1870.
bility and with such Modifications as the Circumstances require, shall be followed and adopted in the Supreme Court in its Probate Jurisdiction.
XII. Nothing herein contained shall affect any other Remedy Saving of or Punishment which may now by Law exist for any Act done other Reme- in Contravention of the Provisions of this Ordinance.
Passed the Legislative Council of Hongkong, this 19th Day of August, 1870.
dies, &c., for Offences against this Ordinance.
L. D'ALMADA E CASTRO,
Clerk of Councils.
HONGKONG.
ANNO TRICESIMO QUARTO
VICTORIE REGINE.
HENRY WASE WHITFEILD, Major-General, and Lieutenant-Governor.
No. 10 or 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for compensating the Families of Persons killed by Accidents arising from Negligence.
W
[19th August, 1870.] HEREAS it is expedient to extend to this Colony the Pro- visions of an Act of the Imperial Parliament passed in the Ninth and Tenth Years of the Reign of Her Majesty Queen Victoria entitled "An Act for compensating the Families of Persons killed by Accidents:" Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:---
Title.
Preamble.
I. In the Interpretation of this Ordinance the Word "Parent" Interpretation shall include Father and Mother, and Grand-father and Grand- Clause. mother, and Step-father and Step-mother; and the Word "Child" shall include Son and Dangliter, and Grandson and Grand- daughter, and Step-son and Step-daughter.
against Person causing Death
II. Whensoever the Death of a Person shall be caused by any Action may wrongful Act, Neglect, or Default, and the Act, Neglect, or Default be brought is such as would (if Death had not ensued) have entitled the Party injured to maintain an Action and recover Damages in respect through Ne- thereof, then and in every such Case the Person who would have glect, &c. 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 shall have been caused under such Circum- stances as amount in Law to Felony.
trator.
III. Every such Action shall be for the Benefit of the Wife, Action to be
for Benefit of Husband, Parent, and Child of the Person whose Death shall have Relations of been so caused, and shall be brought by and in the Name of the Deceased and Executor or Administrator of the Person deceased; and in every to be brought such Action the Jury, or where the Action is tried without a by his Execu Jury, the Court, may give such Damages as they may think tor or Adminis- proportioned to the Injury resulting from such Death, to the Parties respectively for whom and for whose Benefit such Ac- tions 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.
IV. 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 Calendar Months after the Death of such deceased Person.
Only One
Action shall lie, and must
commenced
within 12 Mouths.
deliver full
V. In every such Action the Plaintiff on the Record shall be Plaintiff to required, together with the Declaration, to deliver to the Defend- Particulars of ant or his Attorney a full Particular of the Person or Persons the Person on for whom and on whose Behalf such Action shall be brought and whose Behalf of the Nature of the Claim in respect of which Damages shall be Action sought to be recovered,
Passed the Legislative Council of Hongkong, this 19th Day of
August, 1870.
L. WAIMADA E CASTRO,
Clerk of Councils.
brought.
401
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