Fatal Accidents (Imp) amendment (1900) (WA)

Car r n (Anatolia.

ANNO SEXAGESIMO QUARTO

VICTORIA] BEGINS

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No. XXXVII.

AN ACT to amend the Imperial Act 9th and 10th Victoria, Chapter 93 (adopted in Western Australia by the Act 12th Victoria, No. 21), for compensating the Families of Persons killed by Accident.

[Assented to, oth December, 190o.]

HER,EAS by an Act passed in the Session of the Imperial Parliament, holden in the 9th and 10th years of Her Majesty's Reign, intituled " An Act for compensating the Families of Persons killed by Accident," it is amongst other things provided that every such action as therein mentioned shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused as therein mentioned, and shall be brought by and in the name of the executor or administrator of the person deceased : And whereas it may happen, by reason of the inability or default of any person to obtain probate of the will or letters of administration of the personal estate and effects of the person deceased, or by reason of the unwillingness or neglect of the executor or administrator of the person deceased to bring such action as aforesaid, that the person or persons entitled to the benefit of the said Act may be deprived thereof, and it is expedient to amend and Preamble.

64° VICTORI1E, No. 37.

Compensation to Families of Persons killed by Accident.

extend the said Act as hereinafter mentioned : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows

Where no action IF and so often as it shall happen at any time or times here-

brought within six	after, in any of the cases intended and provided for by the said
months by executor,
then action may be	Act 9th and 10th Victoria, Chapter 93, that there shall be no
brought by persons	executor or administrator of the deceased, or that, there being such
beneficially
interested.	executor or administrator, no such action as in the said Act mentioned shall, within six calendar months after the death of such deceased
27 & 28 Viet.,
cap. 95, see. 1.	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.

Money paid into 2. AND whereas, by the second section of the said Act, it is

Court may be paid	provided that the jury may give such damages as they may think
in one sum, without
regard to its division	proportioned to the injury resulting from such death to the parties
into shares. If suffi-	respectively for whom and whose benefit such action shall be brought,
cient and not ac-
cepted, defendant en-	and the amount so recovered, after deducting the costs not recovered
titled to verdict on	from the defendant, shall be divided between the before-mentioned
the issue,	parties in such shares as the jury shall by their verdict direct : Be
Ibid., see. 2.	it enacted and declared that 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.

This and recited Act 3. THIS and the said Act 9th and 10th Victoria, Chapter 93,

to be read as one. shall be read together as one Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority : RICHARD PETHER, Government Printer, Perth.