both at law and in equity, into and out of the
said lands and premises hereby granted, or
intended so to be, and every part and parcel
thereof, so as that neither he, nor his heirs,
executors, administrators, or assigns, shall,
nor may at any time hereafter, have, claim,
pretend to, challenge, or demand the said
lands and premises, or any part thereof, in
any manner howsoever; but the said releasee,
his heirs and assigns, and the same lands and
premises, shall from henceforth for ever here-
after be exonerated and discharged of and
from all claims and demands whatsoever,
which the said releasor might or could have
upon him in respect of the said lands or upon
the said lands.

No. 16. Act 8 & 9 V.

c. 119.

No. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands.

WE

(18th Aug. 1846.)

HEREAS the law respecting the forfeiture of chattels which have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient; Be it 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, That from and after the First day of September, One thousand eight hundred and forty-six, there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; and no coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value.

No. 17.

Act 9 & 10 V.

c. 62.

Deodands and forfeiture of

chattels moving to or causing

death abolished

from and after 1st Sept., 1846.

W

No. 18.-9 & 10 Vic. ch. 93. An Act for Compensating the Families of Persons Killed by Accidents. (26th Aug. 1846.) HEREAS no action at law is now maintainable against a person who by his wrongful act, neglect, or default, may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him; 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

No. 18. Act 9 & 10 V. c. 93.

An action to be maintainable against any person causing death through

No. 18.

Act 9 & 10V. c. 93.

neglect, &c.,

notwithstanding the death of the

person injured.

Action to be for the benefit of certain relations, and shall be brought by and in the name

of executor or administrator

of the deceased.

Only one action

shall lie, and to

be commenced within twelve months. Plaintiff to deliver a full

particular of the person for whom such damages shall be claimed.

Construction of Act.

Act to take effect after passing, and not to apply to Scotland. Act may be amended, &c.

of the same, That whensoever the death of a person shall be caused by 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.

II. And be it enacted, That 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 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.

III. 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.

IV. And be it enacted, That 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.

V. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, 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.

VI. And be it enacted, That this Act shall come into operation from and immediately after the passing thereof, and that nothing therein contained shall apply to that part of the United Kingdom called Scotland.

VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

INDEX.

A.

Alien, right to jury de medictate linguæ, 181.

ABDUCTION of female under 16 years of age, how Alienation of real estate by husband and wife, valid

punished, 253.

for lucre, how punished, 253.

Abortion, attempt to procure, how punishable, 209,

252.

Absence of certain public officers, how provided for,
109, 174.

of defendant, how service of writ effected in
case of, 99.

Accessaries to murder before the fact, how punish-
able, 238.

after the fact, 197, 237.

punishable, when principal not attainted,
238, 255.

several may be charged in the same informa-
tion, 249.

Accidental homicide, not punishable, 197.

Action, proceedings on, in Supreme Court, Civil
side, 83-174, 190.

in Petty Debt Court, 188-195.
Debt in specialties, limitation of action for,85.
Ejectment, proceedings in, 146-157.

Forms at various stages in action of,
164-167.

Joinder of claims not to apply to ac-
tions in, 129.

Executors may bring or defend, 85.
Mixed, upon real estate, abolished, 588.
Replevin, joinder of claims not to apply in
actions of, 129.

Trespass, action for, not exceeding £5, may
be taken cognizance of by Petty Debt
Court, 190.

Trover, 190.

with certain conditions and penalties, 401,
410.

Amendment
Civil Court,

of Record allowed in certain cases, at discre-
tion of Court, 87, 158.

in Actions for Ejectment, at discretion of
Court, when objections rest upon forms
only, 157.

Inadvertent mistake in writ may be amended
without costs, 124.

Irregularity in Writ may be amended on pay-
ment of costs, 124.

Rejoinder of Defendant may be amended be-
fore trial, 128.

Plaintiff, plea in abatement for, may be
amended, 128.

Proceedings in, 128.

Criminal Court.

Dilatory Pleas may be amended, 240.

Verdict after amendment of Record shall be of

full force, 247.

Appeal from Court of Chancery, Right of, to Privy
Council of Great Britain, 80.

Summary convictions, how and to whom
made, 289.

Superior Courts to Privy Council, 82.
Stays execution, 82.

Appearance, default of, by Defendant, judgment in
consequence of, 101.

must be indorsed on Writ, 125.

to writ may be entered any time before judg
ment, 126.

Adverse claims, relief against, for parties having Apprentices, laws referring to, 264.

Rules made by Court must be confirmed by Death, sentence of, execution of, must await in-
Legislative Council, 82.

Ecclesiastical Corporation Sole, limitation of right Foreigners naturalized may vote at elections, 41.