« EelmineJätka »
Act 8 & 9 V. 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 hereafter 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. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands. No. 17. (18th Aug. 1846.)
Act9& 10 V. CHEREAS 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 Deodands and and after the First day of September, One thousand eight hundred forfeiture of
chattels moving and forty-six, there shall be no forfeiture of any chattel for or in
to or causing respect of the same having moved to or caused the death of man; death abolished and no coroner's jury sworn to inquire, upon the sight of any dead from and after body, how the deceased came by his death, shall find any for- 1st Sept., 1846. feiture 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. 18.-9 & 10 Vic.ch. 93. An Act for Compensating the Families No. 18.
of Persons Killed by Accidents. (26th Aug. 1846.) Act 9 & 10 V. THEREAS 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 An action to be enacted by the Queen's most Excellent Majesty, by and with the maintainable advice and consent of the Lords Spiritual and Temporal, and Com- against any mons, in this present Parliament assembled, and by the authority death through
No. 18. of the same, That whensoever the death of a person shall be caused Act 9 & 10V. 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 neglect, &c., notwithstanding
thereof, then and in every such case the person who would have the death of the been liable if death had not ensued, shall be liable to an action person injured. 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. Action to be for II. And be it enacted, That every such action shall be for the the benefit of
benefit of the wife, husband, parent, and child of the person whose certain rela
death shall have been so caused, and shall be brought by and in tions, and shall be brought by
the name of the executor or administrator of the person deceased; and in the name and in every such action the jury may give such damages as they of executor or
may think proportioned to the injury resulting from such death to administrator of the deceased.
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. Only one action
III. Provided always, and be it enacted, That not more than one shall lie, and to action shall lie for and in respect of the same subject matter of be commenced within twelve
complaint; and that every such action shall be commenced within months. twelve calendar months after the death of such deceased person. Plaintiff to IV. And be it enacted, That in every such action the plaintiff deliver a full
on the record shall be required, together with the declaration, to particular of the person for
deliver to the defendant or his attorney a full particular of the whom such
person or persons for whom and on whose behalf such action shall damages shall be brought, and of the nature of the claim in respect of which be claimed.
damages shall be sought to be recovered. Construction V. And be it enacted, That the following words and expressions of Act, are intended to have the meanings hereby assigned to them re
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. Act to take VI. And be it enacted, That this Act shall come into operation effect after
from and immediately after the passing thereof, and that nothing passing, and not to apply
therein contained shall apply to that part of the United Kingdom to Scotlaud.
called Scotland. Act may be
VII. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this session of Parliament.
Alien, right to jury de merlict ite linguæ, 181.
with certain conditions and penalties, 401,
tion of Court, 87, 158.
Court, when objections rest upon forms
Inadvertent mistake in writ may be amended
without costs, 124.
ment of costs, 124.
fore trial, 128.
Plaintiff, plea in abatement for, may be
Proceedings in, 128.
Verdict after amendment of Record' shall be of
Appeal from Court of Chancery, Right of, to Privy
Council of Great Britain, 80.
Summary convictions, bow and to whom
Superior Courts to Privy Council, 82.
Appearance, default of, by Defendant, judgment in
must be indorsed on Writ, 125.
to writ may be entered any time before judg-
Arbitration once agreed to, submission not revocable
at will, 91.
tion, 92, 119.
Arrest on Capias, how discharged, 100.
may be enforced by judgment and execution, of Electors prohibited for forty-eight hours
before and after election, 42.
Assault (and Battery), summary convictions for,
Assembly, members of, qualification for, 42. Common Law of England extended to Turks and
Must make tiesh declaration of qualifi- Caicos Islands, 16.
Compensation to families for members killed by ae.
Action must be commenced within a given
not more than one in respect of sarne
Concealment of birth, how punishable, 197.
formation imputing actual commission, 246, Local, 365.
Law relating to, 268-273.
Conviction, previous, not to be adduced in evidence
unless plea of character be set up, 593.
may be stated, after conviction for sub-
sequent felony, 593.
affects punishment, 242.
how to be inquired into, 253.
Summary, appeal from, how regulated, 289-
Copyright Act, 486.
Coroner, duties of, 238, 259-262.
limits of colony, 5-11.
Legislative, modes of election of elective
Re-appointment of elective members of, 56.
Disorderly conduct in, how punishable, 57.
Counterfeit Coin, penalty for passing, 253.
Coverture, right of, how protected in Law, 86.
Creditor, decree of Chancery awarding payment to,
places on footing of Judgment Creditor, 107.
Criminal procedure in Superior Court, code of, 238.
Currency, Sterling money declared money of ac-
Peseta, declaration of reduced value of, 533.
Relative proportions of Bahama coins, ster-
ling and silver dollars, 533,
Cutting and wounding, penalty for, 252.
structions from Governor of Jamaica, 108.
may be commuted, and sentence only
How affects suit, 140, 141.
When not to be inflicted on felons, 241.
of President how provided for, 14.
Promise to pay is invalid if contracted dur-
ing minority, 83.
ant within ten days after appearance, 101.
must be filed against Plaintiff within
one year after service of summons, 131.
be either general or separate, 134.
Declaration of libel or slander, 131.
Estate by purchase, 591.
Exchange, Bill of, forging engraving of, how punish-
Execution, how stayed in case of appeal from De-
cree of Chancery, 80.
admit of, 143.
Executor (See also WILL).
may bring and defend actions before Supreme
may distrain for rent in arrears, 91.
Exemption from Duty, Schedule of articles entitled
Esplosive substances, punishment for sending with
felonious intent, 309.
accuse of infamous crime, 214, 216, 233.
by officers of Court, 214.
by means of threatened libel, 598.
Fact, Questions of, may be raised without pleading,
False pretences, obtaining goods by, how punished,
Felo de se, burial of persons on whom verdict of,
Finding, special, may be ordered without amending
Fines (See MONEY-penalties).
Firing wood, timber, &c., penalties for, 343.
Forgery, Acts relating to, 234-237, 247.
information of, need only aver attempt to
of bail, how punishable, 236,
description of instrument need only be ap-
Friendly Societies, Acts regulating, 62-68.
Frontage lots, provisions respecting improvement
Gambling, regulations respecting, 352.
Goods, general regulations as to landing and clear-
ance of, 461.
Ad valorem duty on, when and how levi-
Credit for duties on, extended to six months
if exceeding £20, 463.
Drawback of 90 per cent, on imported goods
exported in same packages, 464.
Entry of, invalid, if improperly described,
must be entered within twenty days, or
lodged in Queen's warehouse, 465,
seized or forfeited, regulations as to, 468-
Grand Cay, limits of, how defined, 395.
Hawking goods, regulatious respecting, 361,
License for, 482.