LORD CAMPBELL'S ACT. 9 & 10 VICT. c. 93. An Act for Compensating the Families of Persons Killed by 9 & 10 Vict. Accidents. [26th August, 1846.] c. 93, ss. 1, 2. c. 95, and see be maintain WHEREAS no action at law is now maintainable against a person [Amended by who by his wrongful act, neglect, or default, may have caused the 27 & 28 Vict. death of another person, and it is oftentimes right and expedient 31 & 32 Vict. that the wrongdoer in such case should be answerable in damages c. 119, ss. 25, for the injury so caused by him: Be it therefore enacted by the 26.] Queen's most excellent Majesty, by and with the advice and con- An action to sent of the lords spiritual and temporal, and commons, in this able against present parliament assembled, and by the authority of the same, any person that whensoever the death of a person shall be caused by a wrong- causing death ful act, neglect or default, and the act, neglect, or default is such neglect, &c. as would (if death had not ensued) have entitled the party injured notwithstandto maintain an action and recover damages in respect thereof, then ing the death 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. through of the person injured. The statute does not create a new cause of action; if, therefore, the deceased has Statute gives done anything which would have prevented him from bringing an action in his lifetime, no action can be brought after his death. no fresh cause of action. Thus, contributory negligence on the part of the deceased is an answer to an action by his representatives under the statute (Senior v. Ward, 28 L. J. Q. B. 139; 1 E. Contributory & E. 385; Pym v. Gt. N. Ry. Co., 31 L. J. Q. B. 249; 32 L. J. Q. B. 378; 2 B. & negligence. S. 759; 4 B. & S. 396; Manby v. St. Helen's Canal & Ry. Co., 27 L. J. Ex. 164; So, if a person injured accepts a sum of money in full satisfaction of all claims Satisfaction. and causes of action against the company, his right of action is gone, and his death does not create a fresh cause of action (Read v. Gt. E. Ry. Co., L. R. 3 Q. B. 555; 37 L. J. Q. B. 278; 9 B. & S. 714). And the representative of a workman, who has contracted not to claim compensation for injuries under the Employers' Liability Act, cannot maintain an action under this Act. (Griffiths v. Earl of Dudley, 9 Q. B. D. 357). And where a passenger's ticket stipulated that the company were not to be responsible for "loss or damage arising from perils of the sea," and the passenger was drowned, it was held that his representative could not maintain an action. (Haigh v. Royal Mail Steam Packet Co., W. N. (1883), 151). 2. And be it enacted, that every such action shall be for the benefit of the wife, husband, parent, and child of the person whose Action to be for the benefit of certain re c. 93, s. 3. lations and shall be brought by and in the 9 & 10 Vict. 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 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 action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct. name of exe cutor or ad ministrator of the deceased. Illegitimate child. Pecuniary advantage. Measure of damages. Child's earnings. Loss of son's services. Future advantage. How damages assessed. Consolation. Funeral expenses. Policy monies deducted. Only one action shall lie, and to be commenced within twelve months. An action cannot be brought for the benefit of an illegitimate child (Dickinson v. In order to maintain an action under this Act, the persons on whose behalf the action is brought must prove that during the lifetime of the deceased a pecuniary advantage accrued to them owing to their relationship with him (Sykes v. N. E. Ry. Co., 44 L. J. C. P. 191). The action may be maintained though there may be no loss of property, if the effect of the death is to bring about a different distribution of the property among the family of the deceased. As, for instance, where a settled estate descends upon the death of the deceased (Pym v. Gt. N. Ry. Co., 32 L. J. Q. B. 377; 4 B. & S. 396). The legal liability of the person killed to the persons on whose behalf the action is brought is not the measure of damages. The reasonable expectation of pecuniary advantage from the relative if he had remained alive may be taken into account (Dalton v. S. E. Ry. Co., 27 L. J. C. P. 227; 4 C. B. N. S. 296; Franklin v. S. E. Ry. Co., 3 H. & N. 211; Hetherington v. N. E. Ry. Co., 9 Q. B. D. 160). There must be actual pecuniary loss to the persons on whose behalf the action is brought. But the loss of the small weekly earnings of a child living with its parents is sufficient, if it is not shown that the cost of maintenance is larger than the earnings (Duckworth v. Johnson, 29 L. J. Ex. 25; 4 H. & N. 653; Condon v. Gt. S. § W. Ry. Co., 16 Ir. C. L. 415). Where a son works for his father, receiving the full wages of a workman, the loss of the son's services is not such damage as will entitle the father to maintain an action (Sykes v. N. E. Ry. Co., 44 L. J. C. P. 191; Hetherington v. N. E. Ry. Co., 9 Q. B. D. 160). But the case is different if the son works for the father for nothing (Franklin v. S. E. Ry. Co., 4 C. B. N. S. 296; 27 L. J. C. P. 227). Where the son is being brought up with a view to follow his father's business, but has not as yet been of any service to him, no damages can be given in respect of the probability that the father would, if the son had lived, have derived advantage from him (Bourke v. Cork & Macroom Ry. Co., 4 L. R. Ir. 682). The jury should not, it seems, be directed to give damages to the full amount of a perfect compensation for the pecuniary injury, but they should take a reasonable view of the case and give what they consider, under all the circumstances, a fair compensation (Rowley v. L. & N. W. Ry. Co., 42 L. J. Ex. 153; L. R. 8 Ex. 221). Damages can only be given for actual pecuniary injury, and not by way of consolation (Blake v. Midland Ry. Co., 18 Q. B. 93; 21 L. J. Q. B. 233). Nor can damages be given for funeral expenses or mourning (Dalton v. S. E. Ry. Co., 27 L. J. C. P. 227; 4 C. B. N. S. 296). Á sum receivable by the persons on whose behalf the action is brought by reason of the death must be deducted in estimating the damages (Hicks v. Newport, &c. Ry. Co., 4 B. & S. 403). 3. Provided always, and be it enacted, that not more than one action shall lie for and in respect of the same subject-matter of complaint; and that every such action shall be commenced within twelve calendar months after the death of such deceased person. An action under this Act in which the executor has recovered damages, is not a bar to an action by the executor for damage done to the estate of the deceased during his lifetime by the same accident (Leggott v. Gt. N. Ry. Co., 1 Q. B. D. 599). 4. And be it enacted, that in every such action the plaintiff on 9 & 10 Vict. the record shall be required, together with the declaration, to c. 93, ss. 4-6. deliver to the defendant or his attorney a full particular of the Plaintiff to person or persons for whom and on whose behalf such action shall deliver a full be brought, and of the nature of the claim in respect of which the person for particular of damages shall be sought to be recovered. whom such damages shall be claimed. Construction 5. And be it enacted, that the following words and expressions are intended to have the meanings hereby assigned to them re- of Act. spectively, so far as such meanings are not excluded by the context or by the nature of the subject-matter; that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word "person" shall apply to bodies politic and corporate; and the word "parent" shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; and the word "child" shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter. effect after 6. And be it enacted, that this Act shall come into operation Act to take from and immediately after the passing thereof, and that nothing passing, and therein contained shall apply to that part of the United Kingdom not to apply called Scotland. The words to "and that" in this section and the whole of section 7 are repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). to Scotland. c. 42, ss. 1, 2. DUTIES ON RAILWAY PASSENGERS. 10 & 11 VICT. c. 42. 10 & 11 Vict. An Act to transfer the Collection and Management of the Duties in respect of Stage Carriages, Hackney Carriages, and Railway Passengers from the Commissioners of Stamps and Taxes to the Commissioners of Excise. [25th June, 1847.] WHEREAS the collection and management of the several and respective duties hereinafter specified and described are now by law vested in the Commissioners of Stamps and Taxes, and it is expedient to transfer the same to the Commissioners of Excise; be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, the several and respective duties hereinafter specified and described; (that is to say,) the duties granted and now payable in Great Britain by and under an Act ferred to the passed in the fifth and sixth years of the reign of her present commissioners Majesty, for and in respect of passengers conveyed upon of excise [now Commis- railways, Duties in respect of rail way passengers, trans sioners of Inland Re venue. 12 & shall be and the same are hereby transferred to and placed under the care and management of the Commissioners of Excise for the time being; and the said several and respective 13 Vict. c. 1.] duties shall thenceforth be denominated and deemed to be duties of excise, and shall be raised, levied, collected, and accounted for by and under the authority of the Commissioners of Excise and their officers, anything in any former Act or Acts contained to the contrary notwithstanding. Powers and provisions of the said Acts to be executed by commissioners and officers of excise. 2. all the powers, provisions, regulations, and directions, now in force contained in the said several Acts herein before mentioned or referred to, or in any other Act or Acts, and which at the time of the passing of this Act may lawfully be executed and enforced by the Commissioners of Stamps and Taxes, or their officers, in relation to the said respective duties hereby transferred as aforesaid, shall be executed and enforced by the Commissioners of Excise and their officers respectively, as fully and effectually to all intents and purposes as if such powers, provisions, regulations, and directions had been repeated and re-enacted in this Act, and expressly given to the said Commissioners of Excise c. 42, s. 2. and their officers respectively; and that all the powers, provisions, 10 & 11 Vict. regulations, and directions, forfeitures, pains, and penalties contained in or imposed by any Act or Acts now in force relating to the said respective duties hereby transferred as aforesaid, as well as the powers, provisions, regulations, and directions, forfeitures, pains, and penalties contained in or imposed by any Act or Acts in force in relation to any of the duties of excise, so far as such last-mentioned powers, provisions, regulations, and directions, forfeitures, pains, and penalties shall be applicable to the said respective duties hereby transferred as aforesaid, and so far as the same shall not be inconsistent with the special powers, provisions, regulations, and directions, forfeitures, pains, and penalties now in force in relation to the said respective duties hereby transferred as aforesaid, shall be of full force and effect, and shall be applied, enforced, and put in execution for raising, collecting, levying, recovering, and securing the said last-mentioned duties, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes as if such powers, provisions, regulations and directions, forfeitures, pains and penalties were repeated and specially enacted in this Act with reference to the said respective duties hereby transferred as aforesaid; and wherever in any Act or Acts now in force in relation to the said last-mentioned respective duties, . . . . . the head office for stamps or for stamps and taxes, or the solicitor of stamps, or for stamps and taxes, or any officer of stamp duties, or for stamps and taxes, is mentioned or designated, the same shall in relation to the said respective duties hereby transferred as aforesaid, . . be deemed and taken to mean the chief office of excise in London, the solicitor of excise, and any officer of excise respectively. Sections 3-6 are repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). |