Compensation to Relatives (Amendment) Act 1928 (NSW)

COMPENSATION TO RELATIVES

(AMENDMENT) ACT.

Act No. 8, 1928.

An Act to amend the Compensation to Relatives Act, 1897, and certain other Acts; and for purposes connected therewith. [Assented to, 12th June, 1928.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may be cited as the " Compensation to Relatives (Amendment) Act, 1928."
(2) This Act shall be read with the Compensation to Relatives Act, 1897, in this Act referred to as the Principal Act.
2. (1) The Principal Act is amended by inserting after the figure " 3 " at the commencement of section three the figure " (1)," and by inserting at the end of the section the following new subsections :—

(2) I n any such action any reasonable expenses of the funeral of the deceased person may be recovered.

(a)	any sum paid or payable on the death of the deceased under any contract of insurance ; or
(b)	any sum paid or payable out of any super­ annuation, provident, or like fund, or by way of benefit from a friendly society, benefit society, or trade union, or by way of pension under the Widows' Pensions Act, 1925. (2)

(3) In assessing damages in any such action there shall not be taken into account—•

(2) The Principal Act is amended by inserting

alter section six the following new sections:—

6A. (1) In every such action the defendant may pay money into court as a compensation in one sum to all persons entitled under this Act for the wrongful act neglect or default without specifying the shares into which the sum is to be divided by

the jury. .. ,

(2) I f the sum paid in is not accepted, and if an issue is taken by the plaintiff as to its sufficiency, and the jury think the same sufficient, the defendant shall be entitled to the verdict upon that issue. ,

(3) No portion of the sum paid in shall be
paid out of court except under the order of a judge.

6B. (1) Where there is no executor or adminis­ trator of the person deceased, or where his executor or administrator does not bring an action under this Act within six months after the death of the person deceased, the person or any one or more of the persons for whose benefit the action might be brought by such an executor or administrator may bring the action.

(2) Any action so brought shall be for the benefit of the same person or persons and shall be subject to the same provisions and procedure, as nearly as may be, as if it were brought by such an executor or administrator.

6c. (1) Every action and cause of action under this Act shall survive notwithstanding the death of the wrongdoer.

(2) If the wrongdoer dies before action and within twelve months after the death of the person deceased, an action under this Act may be brought against the executor or administrator of the wrong­ doer notwithstanding the expiry of such twelve months, provided that the action is brought within six months after the grant of probate or adminis­ tration.

(3) Any damages recovered against the executor or administrator shall be payable in like order of administration as the debts of the wrong­ doer.

6D.

6D. Where an action under this Act is tried before a judge without a jury, the provisions of this Act with respect to a jury and to the verdict of a jury shall be construed as applying to a judge and to the judgment of a court, as the case may be.

6E . (1) This Act applies whether the subject- matter of the complaint arises within or outside New South Wales, and whether the wrongdoer, the person whose death has been caused, or any other person concerned was or is a British subject or not.

(2) This Act applies to actions commenced
either before or after the commencement of the

Compensation to Relatives (Amendment) Act, 1928.

(3) This Act shall bind the Crown.

(3) The Principal Act is amended by inserting after the figure " 7 " at the commencement of section seven the figure " (1)," and by inserting at the end of the section the following words :—"and the word ' declara­ t ion ' shall include any statement of the cause of action appropriate to the court in which the action is brought," and the following new subsections:—

(2) In this Act " administrator " means adminis­ trator within the meaning of the Wills Probate and Administration Act, 1898, and includes the public trustee acting as collector of an estate under an order to collect.
(3) In this Act " executor " means the executor

to whom probate has been granted and includes an

executor by right of representation.
D	SCIENCE