[Amended by 27 & 28 Vict. c. 95.] An action to able against causing death through ACCIDENTS COMPENSATION, 1846. 9 & 10 Vict. cap. 93. An Act for compensating WHEREAS no action at law is now maintainable against 1. That whensoever the death of a person shall be be maintain- caused by wrongful act, neglect, or default, and the act, any person 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 neglect, &c., 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. notwithstanding the death of the person injured. Action to be for the benefit of tions, and shall be brought by and in the name of 2. And be it enacted, That every such action shall be for the benefit of the wife, husband, parent, and child certain rela- 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. executor or administrator of the deceased. Only one action shall 3. Provided always, and be it enacted, That not more lie, and to be than one action shall lie for and in respect of the same CAP. 93. subject matter of complaint; and that every such action 9 & 10 VICT. shall be commenced within twelve calendar months after the death of such deceased person. commenced months. Plaintiff to for whom mages shall Construction of act. 4. And be it enacted, That in every such action the within 12 plaintiff on the record shall be required, together with the declaration, to deliver to the defendant or his attorney deliver a full a full particular of the person or persons for whom and particular of on whose behalf such action shall be brought, and of the person the nature of the claim in respect of which damages such da shall be sought to be recovered. 5. And be it enacted, That the following words and be claimed. 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 words "child" shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter. to Scotland 6. And be it enacted, That this act shall come into Act to take operation from and immediately after the passing thereof, effect after passing, and and that nothing therein contained shall apply to that not to apply part of the United Kingdom called Scotland. 7. And be it enacted, That this act may be amended or repealed by any act to be passed in this session of Parliament. Act may be amended, &c. Power to send mails by railways in manner prescribed by 1 & 2 Vict. c. 98, without a guard. 10 & 11 VICT. cap. 85. An Act for giving further Facilities for the Transmission of Letters by Post, and for the regulating the Duties of Postage thereon, and for other Purposes relating to the Post Office. (So far as relates to Railways.) [22nd July, 1847.] 16. AND whereas by an act passed in the second year of the reign of her present majesty, intituled, "An Act to provide for the Conveyance of the Mails by Railways," provision is made for the transmission of the mails by railways; be it enacted, That it shall be lawful for the postmaster general to require, in the manner prescribed by the said last-mentioned act, that any mails and post letter bags shall be conveyed and forwarded by any railway company on their railway, under and pursuant to the said act, notwithstanding any guard or other officer of the post office shall not be sent with the same or in charge thereof, and such mails and post letter bags shall be conveyed and forwarded by such railway company accordingly. 11 & 12 VICT. cap. 72. An Act to amend the Acts relating to the Constabulary Force in Ireland, and to amend the Provisions for the Payment of Special Constables, (so far as relates to Railways.) [31st August, 1848.] WHEREAS it is expedient to alter and amend several Preamble. provisions of the acts relating to the constabulary force in Ireland: 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, 1. That it shall and may be lawful for the lord lieu- Power to tenant or other chief governor or governors of Ireland lord lieuto fix and appoint such annual salary as may from time tenant, &c. to time to him or them seem proper to be paid to each to fix sala. constable appointed or to be appointed under any of the ries of conacts now in force relating to the constabulary force in stables. Ireland, not exceeding thirty-eight pounds for each mounted constable, and thirty-six pounds for each dismounted constable, and to direct that such annual salary shall commence on and from the first day of April in this present year. 4. And whereas it is expedient to fix and determine Rate of the sum to be charged upon each county, or any part or charge on district thereof, or any county of a city or county of a counties and botown in Ireland, in all cases where, by the laws now in force, one moiety of the costs and expenses of any conroughs for constabustabulary force is chargeable thereupon respectively, and lary force also the sum to be charged upon any borough for which appointed a constabulary force shall be appointed in compliance on appliwith a memorial from the town council of such borough, cation of in pursuance of an act of the third and fourth years of town counthe reign of her present majesty, intituled "An Act for cil of a the Regulation of Municipal Corporations in Ireland;" borough, be it enacted, that from and after the thirty-first day of 3 & 4 Vict. March, one thousand eight hundred and forty-eight in all c. 108. such cases as aforesaid there shall be chargeable to each [Repealed such county, county of a city, county of a town, or by 29 & 30 borough, per annum, for each sub-inspector one moiety Vict. c.103, of the sum of one hundred and sixty pounds, for each 8. 12.] tional force head constable one moiety of the sum of seventy pounds, and for each constable or sub-constable one moiety of the sum of thirty-five pounds two shillings and sixpence. and so in proportion for every fractional part of a year. Proportion 5. And be it enacted, that in all cases where an ad of sub-in- ditional constabulary force shall have been certified by spectors the magistrates of any county at large, at any general and head or special sessions, as now by law provided to be necesconstables sary for the due execution of the law within such county, to addiand shall be appointed in conformity with such certificate, and also in all cases where an additional constabulary appointed on certifi- force shall be appointed for any borough in pursuance of cate of ma- the provisions of the said act of the third and fourth gistrates, years of the reign of her present majesty, it shall be or applica- lawful for the lord lieutenant or other chief governor or tion from governors of Ireland to appoint one sub-inspector for town coun- every fifty constables and sub-constables, and one head cil of a constable for every twenty-five constables and subborough. constables, who may have been so appointed; and the expense of such sub-inspectors and head constables shall be chargeable upon such county or borough respectively, and be repaid by grand jury presentment, or from the borough fund, in the same manner as the expense of the constables and sub-constables who may have been so appointed. Where con- 7. And whereas by an act of the eighth and ninth stabulary years of her present majesty's reign, intituled "An Act shall be for the Appointment of additional Constables for keeping required the Peace near Public Works in Ireland," provision is under 8 & made for the appointment and payment of additional 9 Vict. c. head and other constables for keeping the peace in cer46, to keep tain cases in the neighbourhood of railway works or near rail. other public works in Ireland; be it enacted, that whenway works, ever such additional head or other constables shall have company, been or shall be appointed and employed for the pur&c. re- poses and under the provisions of the said last-recited quiring the act, the company or other parties carrying on such railsame to pay way or other public works shall be chargeable for the the ex the peace pense. See 29 & expense of such head and other constables as in the said act provided, but according to the proportion of head and other constables herein-before provided, and also according to the scale of charge herein-before provided 30 Vict. c. for head and other constables, save that such company 103, s. 13. or parties shall be chargeable for the whole and not for the moiety only of such respective rates of charge. |