Claims against the Government Act 1874 (SA)

ANNO TRICESINIO SEPTIMO ET TRICESIMO OCTAVO

No. 17.

An Act to provide joa. the Recovery if Damnyes cazcsccl by Nqyl(yence

on the part of Fersorcs employed by the Governmmt of Sriuth

Australia its certaitz cases.

[Asscritccl to, Gth November, 1874.1

THERRAS it is exgcclieiit to give a right of action against pi-eamble.

Her Majesty's Government of the Province of South Aus- tralia for injuries caused by the negligence of pemons employed upon or in anywise in con~lcction with the various Government lines of railway in thc said Province, or upon or in connection with any othcr uxsdertaking where the said Government carry passen- gers or goods for reward, and to provide for the rccovery of damages from such Government in respect thereof-Be it therefore Enacted by the Govcnlor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assem- bled, as follows:

FF

1. Every person injured in his person or property by the Damage~maybe

wrongful act, neglect, or default of the Conlmissioner of Railways, ? ! ; g? ,

or of any person or persons employed by him or by his authority, ment Lines ofrailway.

express or implied, upon any of the Government lines of railway

in the said Province, or upon or in connection with any other undertaking on the part of' the said Government having "for its abject the carriage of passengers or goods for reward, shall have a s:milar right of action against the Commissioner of Railways for the recovery of damages sustained by reason of such wrongful act, neglect, or default, to that which such person would have against a private company or companies if such ridways or other

undertakings

3'7" & 38" VICTORIB, No. 17.

Damages Compensation Act.- 18 74.

undertakings were carried on by a private company or companies, any law or usagc to the contrary notwithstanding; and no defence to any such action against the said Commissioner shall be available tl-rat could not be maintained by such company or companies.

CO-iwioner	t o be	2. The said Commissioner shall also be liable to actions brought under the Act No. 1 of 1865, intituled An Act for compensathg the families of persons ldled by accidents," and such actions may be brought by thr class of authorized by such Act or by this Act, to bring such actions in respect of deaths caused by acci- dents upon any of the said Govcrnrnent lines of railway, or upon such other undertakings as aforesaid.
liable

~ausing for death. accidentr

Ifao executor or ad- 3. If and so often as it shall happen at any timc or times here-

min+tratorappointod~ after in any of	the cascs intended and provided for by section 2 of
or elther of them fail

to act, pernominter-

the said Act, NO. 1 of 1865, that there shall be no executor or

mted may sue.

administrator of the person deccascd, or that there being no such cxecutor or administrator, no such action as m the said Act mentioned shall, within six calendar months after the death of such deceased person as thcrein mentioned, have been brought by and in the name of his or her executor or arirtlinistrator, 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 cxecutor or administrator, and every action so to be brought shall be for the benefit of the same persou or pcrsons, and shall he 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.

Defendant m q pay 4. In any action brought pursuant to this Act it shall be sufficient,

if the defendant is a d v i ~ d 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 spccifykg thc 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 shdl think the same sufficient, the defen-
dant shall be entitled to the verdict upon that issue.

coats.

5. Costs of silit shall follow on &her side as in ordinary cascs

between suitors, any law or practice to the contrary notwithstianliing.

Claims to be paid out

of General Revenue. judgment recovcred under the provisions of this Act, out of the 6. I t shall be lawful for the Governor to satisfy arid pay any Ordinary Revenue of the said Province, and to pui-form the decree or decrees pronounced or given by any Court or Judge thereof in respect of any suit brought under the authority of this Act.

h the name and on behalf of Her Majesty, I hereby assent

to this Bill.

A. MUSGRAVE, Governor.

Adelaide: By authority, W. C. Cox, Government Printer, North-terrace.