LORD CAMPBELLS ACT
Exhibit A.
9 and 10 Vict. C. 93
"AN ACT FOR COMPENSATING THE FAMILIES OE PERSONS KILLED BY ACCIDENTS."
"Whereas, 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 * * * * 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 au 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.
"Sec. 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 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.
"Sec. 3. Provided, always, and be it enacted, that not more than one action shall be 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.
"Sec. 4. 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.
"Sec. 5. 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.
"Sec. 6. 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.'
"Sec. 7. And be it enacted; that this act may he amended or repealed by any act to be passed in this session of parliament.
"(An Act to amend the Act 9 & 10 Vict. ch. 93.)
"Section 1. If and so often as it shall happen, at any time or times hereafter, in any of the cases intended and provided for by said act, that 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 case mentioned shall within six calendar months after the death of such deceased person, as therein mentioned, have been brought by and in the name of his or her executor or administrator, then, and in every such case, 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; and every action so to be brought shall be for the benefit of the same person or persons, and shall be subject to the same regulations and procedure as nearly as may be, as if it were brought by and in the name of such executor or administrator.
"Sec. 2. It shall be sufficient, if the defendant is advised to pay money into court, that he pay it as a compensation in one sum to all persons entitled under the said act for his wrongful act, neglect, or default, without specifying the shares into which it is to be divided by the jury; and if the said sum be not accepted and an issue is taken by the plaintiff as to its sufficiency, and the jury shall think the same sufficient, the defendant shall be entitled to the verdict upon that issue.
"Sec. 3. This act and the said act shall be read together as one act."