ORDINANCE No. 10 of 1870.
Deaths by Negligence.
No. 10 of 1870.
An Ordinance for compensating the Families of Persons killed by Accidents arising from Negligence.
[19th August, 1870.]
WHEREAS it is expedient to extend to this Colony the provisions 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:-
1. 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 grandson and granddaughter, and step-son and step-daughter.
2. 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 party injured to maintain an action 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 an action for damages notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
3. Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury, or where the action is tried without a jury, the Court, may give such damages as they may think proportioned to the injury resulting from such death, to the parties respectively for whom and for whose benefit such actions 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.
4. 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.
5. In every such action the plaintiff on the record shall be required, together with the declaration, to deliver to the defendant or his attorney a full particular of the person or persons for whom and on whose behalf such action shall be brought and of the nature of the claim in respect of which damages shall be sought to be recovered.
[Repealed by Ordinance No. 3 of 1889.]
Preamble.
[Cp. 3.]
1061
Interpretation clause.
Action may be brought against person causing death through neglect, &c.
Action to be for benefit of relations of deceased and to be brought by his executor or administrator.
Only one action shall lie, and must be commenced within 12 months.
Plaintiff to deliver full particulars of the person on whose behalf action brought.
· ORDINANCE No. 10 or 1870.
Deaths by Negligence.
No. 10 of 1870.
An Ordinance for compensating the Families of Persons killed by Tite.
Accidents arising from Negligence.
W
[19th August, 1870.]
HEREAS it is expedient to extend to this Colony the provisions of an Act of th
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:-
1. 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 grandson and granddaughter, and step-son and step-daughter.
2. 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 party injured to maintain an action 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 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.
3. Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased; and in
every
such action the jury, or where the action is tried without a jury, the Court, may give such damages as they may think proportioned to the injury resulting from such death, to the parties respectively for whom and for whose benefit such actions 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.
4. 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.
5. In every such action the plaintiff on the record shall be required, together. with the declaration, to deliver to the defendant or his attorney a full particular of the person or persons for whom and on whose behalf such action shall be brought and of the nature of the claim in respect of which damages shall be sought to be recovered.
[Repealed by Ordinance No. 3 of 1889.]
Preamble.
[Cp. 3.]
1061
Interpretation clause.
Action may be brought against person causing death through neglect, &c.
Action to be for benefit of relations of cleceased and to be brought by his executor or adiuinistrator.
Only one action. shall lie, and must be commenced within 12 months,
Plaintiff to deliver full particulars of the person on whose behalf action brought.
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