1901_COMPENSATION_TO_FAMILIES_ORDINANCE__1889 — Page 1

889.

A.D. 1889.]

EVIDENCE,

[No. 3.

647

ee to

ment

53. Nothing in this Ordinance shall be construed to repeal any pro- Saving as to vision contained in the Wills Act, 1837, of the Imperial Parliament.

true

inor,

term

Wills Act. 1837.

7 Will. 4 & 1

Vict. c. 26.

oned

iter- > he

e to

ling

by the

S 90

be

on,

ΟΙ

the

ion

up

the

ise

ge,

ied

ལྷ ཌ་ ེ༷ ོ ཚ་ Z⌘་ ྜ ནྲྀ ་ྕ་་ྕ ྱཚ་

ORDINANCE No. 3 OF 1889.

*

AN ORDINANCE to consolidate and amend the Law relating to the Compensation of the Families of Persons killed by Acci- dents arising from Negligence.

BE

[18th January, 1889.]

E it enacted by the Governor of Hongkong, with the advice and

consent of the Legislative Council thereof, as follows :—

A.D. 1889. Ordinance

No. 3 of 1889.

1. This Ordinance may be cited as the Compensation to Families Short title. Ordinance, 1889.

2. In this Ordinance-

Interpreta- tion of terms.

"Parent" includes father and mother, and grandfather and grand- 9 & 10 Vict. mother, and step-father and step-mother:

"Child" includes son and daughter, and grandson and grand- daughter, and step-son and step-daughter.

c. 93 s. 5.

Right of

action against person caus-

ing leath by wrongful act,

3. Whenever the death of a person is 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 an action and recover damages in respect thereof, then and in every such etc. 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 under such circumstances as amount in law to felony.

b. s. 1.

for benefit of relations of

person. Ib. s. 2.

4.--(1.) Every such action shall be for the benefit of the wife, Action to be husband, parent, and child of the person whose death has been so caused, and shall, except as hereinafter provided, be brought by and in deceased the name of the executor or administrator of the deceased person.

(2.) In every such action the jury, or, where the action is tried with- out 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 re- spectively 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 beforementioned 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.