Fatal Accidents Act 1865 (SA)

An Act .for comq)e~~scc i i~~g the FurnilEes of Persons killed by Accidents.

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[Assented to, 5th December, 1865.) (5!-mA&& T '

IIEREAS no action-at-law is now maintainable against a Prcrmblu. B'

W person who by his wrongful act, neglect, or default, may ham caused the death of anotllcr pclxm, and it is oftentimes right ancl S& z J ' I

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rxpedicnt that the wrongdoer in such case should be answcrble in / a ! b

damages for the illjury so causcd by him-l3c i$ therefore Enacted

by thc Gowmor-in-Chief of the Province of 8011th Australia, with	,1
8,

the advice and consent of the 1,cgislative Council and House of	-	i
Assembly of thc said Province, in this present Parliament assembled, as follows:
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1. Whnlewr thc death of a person shall be causcd by w r o n. Id An aciirm to be main-

_-	tainablo against any	g, ,
,

act, neglect, or dcfault, and the act, neglect, or de fau les such ;is person causing death l

would (if death had not ensued) have entitled thc party injured to through neglect, b ~iotwithstanding the

maintain an action and recover damages in respect thereof, then and ,1,,11, of the prson -&k%s' :

in every such case the person who mould havc been lhble if death i~?iured. f?g&,6-y. ,;

had not ensued shall be liablc to an action for damages, n o t w i t h - m Pc

standing thc death of the person injured, and although thc death 3/	= 9 - ~ - 4	N	c l
shall have been caus d under such'c.ircumstances as amount in law

to felony. - A -1 p+

2. Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so - 2 % : : $ : d

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 __7 jury may give such damages as they may think proportioned to the injury resulting from ~ u c h death to the parties respectively for

A whom

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Accidental Deaths Ac t .1865.

h whom and for whose benefit such action shall be brought; and the

,& amount so recorered, after deducting the costs not recovered from the defenders, shall be divided amongst the before-mentioned parties in such shaXs as the jury, by their verdict, or as the Court, if there be no jury, shall find and direct.

Only one action shall

lie, and to be com-	a%ot~ more than one action shall lie for and in respect of the
months,

menced within twclvc same subject matter of c t; and every such action shall

be commenced within ttv after the death of

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stlch deceased person, - A. *

P K M JY? "

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full narticulsr of the 4. In every such action, the plaintiff shall bc require$$o deliver persons for WGI

r4n for whom such to the defendant or his attorney, a fdfNparticular of the person or

r	amages &all be	and on whose behalf such action shall be brought,
claimed.

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and of the nature of the claim in respect of which damages shall be

sought to be rccovercd.

coo8truction of Act 5. The following words and expressions arc intended to have the

W meanings hereby assigned to them respectively, so far as such mean-

s-	*F	ings are not excluded by the context or by the nature of the subject
matter; that is to say-tlic word person " shall apply to bodies

p 4 g 7 politic and corporate; and the word parent " shall include father and mother, and grnndfntlier and grandmother, and stepfather and stepmother; a id the word " child " shall include son and daughter, and grandson and granddaughter, and stepson ancl stepdaaghter.

I n the name and on behalf of the Queen I hereby assent to

this .Act.

D. DAILY, Governor.

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Adelaide : Printed by authority, by W. C. Cox, Government Printet, Victoris-equare.