Fatal Accidents Compensation Act 1847 No 32a (NSW)

No. XXXII.

An Act for compensating the Families of Persons killed by Accidents. [2nd October,

1847 . ]

WH E R E A S 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 B e it therefore enacted by His Excellency the Governor of New South "Wales with the advice and consent of the
Legislative Council thereof That whensoever the death of a person
shall be caused by a 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 an 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.

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. 3

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

3. Provided always and be it enacted That not more than one action shall lie 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.

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 o r his attorney a full particular of the person or persons for w h o m and o n whose behalf such action shall be brought and of the nature o f the claim in respect of which damages shall be sought to be recovered.
5. And be it enacted That the following words and expressions are intended t o 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 step­ daughter.