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DEATH BY NEGLIGENCE.
(Lord Campbell's Act.) 1. When the death of a person shall be caused by such Action maintainwrongful act, neglect, or default, as would (if death had not able where
person killed by ensued) have entitled the party, injured to maintain an action negligence. and recover damages in respect thereof, then 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.
2. Every such action shall be for the benefit of the wife, For whose husband, parent, and child, of the deceased person, and shall be benefit. brought by and in the name of the executor or administrator of the deceased person'; and the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whose benefit such action shall be brought, and the amount 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. (a)
3. Only one action shall lie in respect of the same complaint, When to be and shall be commenced within twelve calendar months after brought. the death of such deceased person. (6)
4. The plaintiff shall deliver with the [statement of claim] a Particulars to be 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.
5. “ Person shall apply to bodies politic and corporate. Interpretation of “ Parent” shall include father, mother, grandfather, grandmother, stepfather, and stepmother. • Child” shall include
(a) A reasonable expectation of pecuniary advantage by the relative remaining alive may be taken into account by the jury, and damages may. be given in respect of that expectation (Pym v. Great Northern Railway Company, 31 L. J. 249, Q. B.); but damages cannot be given in respect of funeral expenses or mourning (Dalton v. South-Eastern Railway Company, 27 L. J. 227, C. P.); nor for mental suffering (Blake v. Midland Railway Company, 21 L. J. 233, Q. B.).
(6) Where the deceased in his lifetime accepted compensation in full satisfaction no such claim can be maintained: (Read 7. Great Eastern Railway, 18 L. T. N. S. 882.)
son, daughter, grandson, granddaughter, stepson, and stepdaughter. (a)
Where executor fails to bring action.
An Act to amend the 9 f. 10 Vict. c. 93.
27 & 28 VICT. C. 95. 1. If in any of the cases intended and provided for by the 9 & 10 Vict. c. 93, there shall be no esecutor or administrator of the person deceased, or if there be, and no such action as in the said Act mentioned shall within six calendar months after the death of such deceased person have been brought by and in the name of his or her executor or administrator, then 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. Every such 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 brought by and in the name of such executor or administrator.
2. 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.
Payment into court.
DEBTS OF DECEASED PERSONS. An Act to render Freehold and Copyhold Estates, Assets for the Payment of Simple and Contract Debts.
3 & 4 WILL. 4, c. 104. 1. When any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate, whether freehold or copyhold, which he shall not by his last will have charged with, or devised subject to, the payment of his debts, the same shall be assets, to be administered in courts of equity, for the
(a) A child en ventre sa mere is entitled to recover on the death of its father by negligence (The George and Richard, 24 L. T. N. S. 717); but not an illegitimate child (Re Wilson, 35 L. J. 243, Ch.).
payment of the just debts of such person, as well debts due on simple contract as on specialty. (a)
An Act to explain and extend the Provisions of the 11 Geo.
4 & 1 Will. 4, c. 47.
2 & 3 Vict. 0. 60. 1. Power to courts of equity to direct mortgages as well as Mortgages of sales of the estates of infant heirs or devisees, and of lands, estates of infant
heirs, &c. tenements, or hereditaments devised in settlement, for the purpose of paying the debts of the ancestor, testator, or settler, and to authorise such sales and mortgages to be made where the tenant for life, or other person having a limited interest, or the first executory devisee, is an infant.
2. The surplus of the money arising from such sales or Surplus. mortgages, shall descend in the same manner as the estates so sold or mortgaged would have descended.
Debts of Deceased Persons Act.
32 & 33 Viot, c. 46. 1. In cases of administration all the creditors of a deceased person, as well specialty as simple contract, shall be treated as standing in equal degree, without prejudice to any security held by any creditor for payment of his debt.
DISTRIBUTION, STATUTES OF.
22 & 23 Car. 2, c. 10. 5. All ordinaries, and every other person who by this Act is Distribution of enabled to make distribution of the surplusage of the estate of surplusage. any person dying intestate, shall distribute the whole surplusage of such estate as follows :
One third part to the wife, and the residue, by equal portions, to and amongst the children of the intestate, and such persons as legally represent such children in case any of them be then dead, other than such child or children (not being heir-at-law) who shall have any estate by the settlement of the intestate, or shall be advanced by the intestate in his lifetime by portion or portions equal to the share which shall by such distribution be allotted to the other children.
(a) The Act gave preference, however, to specialty debts in which the heirs were bound.
Where no issue.
And in case any child, other than the heir-at-law, shall have any estate, or be advanced as aforesaid, not equal to the share which will be so due to the other children, then so much of the surplusage to be distributed to such child or children so advanced, &c., as shall make the estate of all the said children to be equal as near as can be estimated ; but the heir-at-law, notwithstanding any land he shall have by descent or otherwise, is to have an equal part in the distribution with the rest of the children.
6. In case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue to be distributed equally to every of the next of kindred of the intestate who are in equal degree, and those who legally represent them.(a)
7. Provided, that there be no representations admitted among collaterals, after brothers' and sisters' children ; and in case there be no wife, all the said estate to be distributed equally to and amongst the children; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate and their legal representatives as aforesaid.
8. No distribution to be made till after one year from the death of the intestate. If any debts appear afterwards the distributees must refund rateably.
Where no wife.
An Act for Reviving and Continuing several Acts of
1 Jac. 2, c. 17. 7. If after the death of a father any of his children shall die intestate, without wife or (b) children, in the lifetime of the
(a) In case an intestate dies without issue, leaving a widow and a father, the personal estate is divided between them: (Keilway v. Keilway, Gilb. Eq. C. 189.)
The cases of wife and children or representatives of children being provided for as above, the order of distribution is as follows:
1st. The father.
2nd. The mother, brothers, and sisters and children of deceased brothers and sisters taking by representation.
3rd. Grandfather and grandmother.
5th. Great grandfather's father, great uncle, great nephew, cousin german.
6th. Great great uncle, great uncle's son, son of cousin german : (2 Chitty's Statutes, 4th ed. 858.) The half blood take equally with the whole blood in the same degree : (Watts v. Crooke, Show. P. C. 108.) A child en ventre sa mere is considered to be in esse : (Wallis v. Hodson, 2 Atk. 117.)
(6) “Or“ is to be construed “and :" (Keylway v. Keylway, 2 P. Wms. 344; Stanley v. Stanley, 1 Atk. 457.)
mother, every brother and sister and the representatives of them shall have an equal share with her.
An Act for making better Provision for the disposal of the undisposed-of Residues of the Effects of Testators.
1 WILL. 4, c. 40. 1. When any person shall die after the 1st of September, Executors to 1830, having by will or codicil thereto appointed an executor or
posed-of residue executors, such executor or executors shall be deemed by courts in trust for of equity to be a trustee or trustees for the person or persons (if any) who would be entitled to the estate under the Statute of Distributions, in respect of any residue not expressly disposed of, unless it shall appear by the will or codicil that such executor or executors was or were intended to take such residue beneficially 2. Nothing herein contained shall affect or prejudice any right Where no
next-of-kin. to which any executor, if this Act had not been passed, would have been entitled in cases where there is no person who would be entitled under the Statute of Distributions.
3 & 4 WILL. c. 105. 1. “Land," means all hereditaments, corporeal and incorporeal " Land." (except such as are not liable to dower), and any share thereof.
2. When a husband shall die beneficially entitled to land for Equitable an interest which shall not entitle his widow out of the same at law, and such interest, whether wholly equitable, or partly legal and partly equitable, shall be an estate of inheritance in possession, or equal thereto (other than an estate in joint tenancy), then his widow shall be entitled in equity to dower out of the same.
3. When a husband shall have been entitled to a right of Seisin unnecesentry or action in any land, and his widow will be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same, although her husband shall not have recovered possession thereof. Proviso: Such dower
(a) The Act does not extend to free-bench: (Smith v. Adams, 5 De G. M. & G. 712.)