We, John Bury Dasent, Rupert Alfred Kettle, Alfred Martineau, Henry J. Stonor, and James Motteram, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts and Forms of Proceedings therein, under the 32nd section of the County Courts Act, 1856, have by virtue of the powers vested in us thereby, and of all other powers enabling us in this behalf, framed the foregoing Rules and Forms, and we do hereby certify the same to the Lord Chancellor accordingly. J. B. DASENT. H. J. STONOR. J. MOTTERAM. I approve of these Rules and Forms to come into force in all County Courts on the 1st day of January, 1881. 27th December, 1880. SELBORNE, C. APPENDIX A. 9 & 10 VICT. c. 93 (1846). "An Act for compensating the Families of Persons killed by Accidents." Section 1 enacts "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 under such circumstances as amount in law to felony." Section 2: "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." Section 5 enacts "That 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." 27 & 28 VICT. c. 95 (1864). "An Act to amend the Act 9 & 10 Vict. c. 93, for compensating the Families of Persons killed by accident.” Section 1 enacts "That if there shall be no executor or administrator of the person deceased, or that there being such executor or administrator no such action as in the said Act mentioned shall within six calendar months after the death of such deceased person as therein mentioned have been brought," "such action may be brought by and in the name or names of all or any of the persons (if more than one) for whose benefit such action would have been, if it had been brought by and in the name of such executor or administrator." An illegitimate child is not within these statutes, Dickinson v. NorthEastern Ry. Co. (1863), 33 L. J. Ex. 91; but a child en ventre sa mère is within them, The George and Richard (1871), L. R. 3 A. & E. 466. Compensation under these Acts ought not to include compensation for wounded feelings, funeral expenses, family mourning, Blake v. Midland Ry. Co. (1852), 21 L. J. Q. B. 233; 18 Q. B. 93 ; Dalton v. South-Eastern Ry. Co. (1858), 4 C. B. N. S. 296; 27 L. J. C. P. 227 ; Phillips v. London and South-Western Ry. Co. (1879), L. R. 5 C. P. D. 280; 49 L. J. Q. B. 233; Pym v. Great-Northern Ry. Co. (1862), 31 L. J. Q. B. 249; 32 L. J. Q. B. 377; 4 B. & S. 396; 8 L. T. 734; 11 W. R. 922. In Phillips v. London and South-Western Ry. Co., Bramwell, L. J., thus indicated the manner in which damages to a working man should be estimated :-"I may take the common case of a labourer receiving an injury, which has kept him out of work for perhaps six months; his evidence may be that before the time of the accident he was earning twenty-five shillings a week, that during twenty-six weeks he has been wholly incapacitated for work, that for ten weeks afterwards he has been able to earn only ten shillings a week, and that he will not get into full work again for twenty weeks. The plaintiff will be entitled to twenty-five shillings for each of the twenty-six weeks, and to fifteen shillings for each of the ten and twenty weeks. He is also entitled to some amount for his bodily sufferings, and for his medical expenses; and in this manner the compensation to be awarded to him is estimated. I have put a case where a definite term may be fixed upon within which the party injured will recover; but suppose a case in which no definite term can be fixed in that case the direction to the jury is that they must consider for themselves how long the plaintiff will be incapacitated from earning his livelihood, or from practising his profession, but that they must take into account the chance of his losing employment if he had not met with the accident." A parent who sues in respect of the death of a child, must produce evidence of pecuniary benefit from the child's labour; Duckworth v. Johnson (1859), 4 H. & N. 653; 29 L. J. Ex. 25; Condon v. Great Southern and Western Rail. Co. (1865), 16 Ir. C. L. 415; Sykes v. North Eastern Rail. Co. (1875), 44 L. J. C. P. 191. In Hetherington v. North Eastern Rail. Co. (1882, L. R. 9 Q. B. D. 160), which was an action under the Employers' Liability Act by the father of a deceased servant of the company, the evidence was that his son used to contribute to his support; that five or six years ago when he was out of work his son helped him; but that he had not done so since. The Queen's Bench Division, disagreeing with the ruling of the County Court judge, decided that there was such a reasonable expectation of pecuniary advantage to the father by his son's life, to justify the case going to a jury. Compensation to an injured workman ought not to be reduced by the amount of insurance money received by him, but such a deduction ought to be made when his representatives sue; Bradburn v. Great Western Rail. Co. (1874), L. R. 10 Ex. 1; 44 L. J. Ex. 9; 31 L. T. 464; 23 W. R. 48; Gillard v. Lancashire and Yorkshire Rail. Co. (1848), 356. As to the rights of executors, see Bradshaw v. Lancashire and Yorkshire Rail. Co. (1875), L. R. 10 C. P. 189; and Leggott v. Great Northern Rail. Co. (1876), 599. INDEX. ABROAD, servant need not follow master, 226 apprentice need not follow master, xxxiii., 184, 227 ACCIDENTS, to servants, 302 in mines (coal), notice of, 413 in mines (metalliferous), notice of, 443 ACCOMMODATION, of seamen, 564, 565 ACTOR, restrained from performing, 199 dismissal of, 211 ACTS OF SERVANTS, master's liability for, 257 ADDENDA, xxxiii. ADVANCE NOTES, 553, 566 AGENT, duration of contract of, 128 servant as. See LIABILITY. AGREEMENTS, of hiring and service, formation of, 106 in several documents, 108 exempt from Stamp Act, 121 with seamen, 551 |