both at law and in equity, into and out of the No. 16. Act 8 & 9 V. c. 119. No. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands. WE (18th Aug. 1846.) HEREAS the law respecting the forfeiture of chattels which have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient; Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the First day of September, One thousand eight hundred and forty-six, there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; and no coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value. No. 17. Act 9 & 10 V. c. 62. Deodands and forfeiture of chattels moving to or causing death abolished from and after 1st Sept., 1846. W No. 18.-9 & 10 Vic. ch. 93. An Act for Compensating the Families of Persons Killed by Accidents. (26th Aug. 1846.) HEREAS 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; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority No. 18. Act 9 & 10 V. c. 93. An action to be maintainable against any person causing death through No. 18. Act 9 & 10V. c. 93. neglect, &c., notwithstanding the death of the person injured. Action to be for the benefit of certain relations, and shall be brought by and in the name of executor or administrator of the deceased. Only one action shall lie, and to be commenced within twelve months. Plaintiff to deliver a full particular of the person for whom such damages shall be claimed. Construction of Act. Act to take effect after passing, and not to apply to Scotland. Act may be amended, &c. of the same, That whensoever the death of a person shall be caused by 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. II. 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 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. III. 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. IV. 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 or his attorney a full particular of the person or persons for whom and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. V. And be it enacted, That the following words and expressions are intended to 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 stepdaughter. VI. And be it enacted, That this Act shall come into operation from and immediately after the passing thereof, and that nothing therein contained shall apply to that part of the United Kingdom called Scotland. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this session of Parliament. INDEX. A. Alien, right to jury de medictate linguæ, 181. ABDUCTION of female under 16 years of age, how Alienation of real estate by husband and wife, valid punished, 253. for lucre, how punished, 253. Abortion, attempt to procure, how punishable, 209, 252. Absence of certain public officers, how provided for, of defendant, how service of writ effected in Accessaries to murder before the fact, how punish- after the fact, 197, 237. punishable, when principal not attainted, several may be charged in the same informa- Accidental homicide, not punishable, 197. Action, proceedings on, in Supreme Court, Civil in Petty Debt Court, 188-195. Forms at various stages in action of, Joinder of claims not to apply to ac- Executors may bring or defend, 85. Trespass, action for, not exceeding £5, may Trover, 190. with certain conditions and penalties, 401, Amendment of Record allowed in certain cases, at discre- in Actions for Ejectment, at discretion of Inadvertent mistake in writ may be amended Irregularity in Writ may be amended on pay- Rejoinder of Defendant may be amended be- Plaintiff, plea in abatement for, may be Proceedings in, 128. Criminal Court. Dilatory Pleas may be amended, 240. Verdict after amendment of Record shall be of full force, 247. Appeal from Court of Chancery, Right of, to Privy Summary convictions, how and to whom Superior Courts to Privy Council, 82. Appearance, default of, by Defendant, judgment in must be indorsed on Writ, 125. to writ may be entered any time before judg Adverse claims, relief against, for parties having Apprentices, laws referring to, 264. Bahama Acts, extended by Separation Act of 22nd Bail, forging recognizances of, how punishable, 236. Exception, when not heard of in any way Birth, concealment of, how punishable, 197. Breach of Police regulations specified, 366. Burglary defined, 216. how punished, 216, 232. Burial, secret, of child, how punishable, 197. C. Capital offences (See PERSON, offences against). Execution, how stayed in case of appeal, 80. Powers defined, 80. Right of appeal to Privy Council, 80. Common Law of England extended to Turks and Compensation to families for members killed by ac- Action must be commenced within a given not more than one in respect of same Concealment of birth, how punishable, 197. Contract of service, definition of, 267. Before Supreme Court, what constitutes, 83. Conviction, previous, not to be adduced in evidence sequent felony, 593. affects punishment, 242. how to be inquired into, 253. Summary, appeal from, how regulated, 289- Copyright Act, 486. Coroner, duties of, 238, 259-262. Council, Orders in, of 11th August, 1848, defining Legislative, modes of election of elective Re-appointment of elective members of, 56. Coverture, right of, how protected in Law, 86. Rules made by Court must be confirmed by Death, sentence of, execution of, must await in- structions from Governor of Jamaica, 108. may be commuted, and sentence only recorded, 563. How affects suit, 140, 141. When not to be inflicted on felons, 241. Debt, Bahama, portion to be defiayed by Turks Promise to pay is invalid if contracted dur- Declaration in Civil Suit must be filed by Defend- Declaration of libel or slander, 131. Default, judgment by, declared final, 136. Special, abolished, 130. and plea, may, on leave given, be put in same Deodand, general, abolished, 607. under Coroner's Inquest abolished, 262. Derelict goods to be reported, 460. Destitute children may be apprenticed, 438. Coloured and Black subjects, 58-60. Dog-stealing, penalties for, 219. Estate by purchase, 591. by devise, 592. Exchange, Bill of, forging engraving of, how punish- Information on, mode of procedure, 247. Supersedeas of, when error in law does not Executor (See also WILL). may bring and defend actions before Supreme may distrain for rent in arrears, 91. Explosive substances, punishment for sending with Extortion, attempt at, by letters threatening to by means of threatened libel, 598. F. Fact, Questions of, may be raised without pleading, 129. False pretences, obtaining goods by, how punished, 225. Felo de se, burial of persons on whom verdict of, Finding, special, may be ordered without amending Fines (See MONEY-penalties). Firing wood, timber, &c., penalties for, 343. Ecclesiastical Corporation Sole, limitation of right Foreigners naturalized may vote at elections, 41. to recover rent, 587. Jurisdiction of Bishop of Jamaica, 430. Education, enactments respecting, 439-441. Out Islands, writs for, may be sent to Jus- Duties of Justices in such case, 44. Various modes of procedure in case of recess, Electors may not be arrested for forty-eight hours before an election, 42. Oath to be administered to, 42. Eleemosynary corporations, limitations of right to Embezzlement, punishment of, 223. Emolument, tenure of any office of, disqualifies Schedule of offices so disqualifying, 49. set forth at trial, 247. Error, Court of, general procedure in, 82, 83. Decree may be appealed to Privy Council, 82. in law, when does not admit of supersedeas of inheritance, what declared to be, 591. Forgery, Acts relating to, 234-237, 247. of bail, how punishable, 236. description of instrument need only be ap- Friendly Societies, Acts regulating, 62-68. |