the First Day of June next following the Thirtieth Day of April herein-before mentioned. VIII. And be it enacted, That this Act shall commence and take Commencement effect as to the Accounts to be rendered of the Application of the of Act. Grants for Naval and Military Services for the Year ending on the Thirty-first Day of March One thousand eight hundred and forty-seven. CA P. XCIII. An Act for compensating the Families of Persons killed by a Person who by his wrongful Act, Neglect, or Default An Action to be maintainable against any · 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 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 notwithstanding shall be liable to an Action for Damages, notwithstanding the Death of PerDeath of the Person injured, and although the Death shall have son injured. been caused under such Circumstances as amount in Law to Felony. Person causing shall be, and by whom to be brought. II. And be it enacted, That every such Action shall be for the For whose Benefit of the Wife, Husband, Parent, and Child of the Person Benefit Action 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 Only One AcOne Action shall lie for and in respect of the same Subject Matter tion to lie, and of Complaint, and that every such Action shall be commenced mencement. within Twelve Calendar Months after the Death of such deceased Person. Time of Coin IV. And be it enacted, That in every such Action the Plaintiff Plaintiff to on the Record shall be required, together with the Declaration, to deliver a full deliver to the Defendant or his Attorney a full Particular of the Particular of 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. the Person, &c. V. And be it enacted, That the following Words and Expres- Construction of sions are intended to have the Meanings hereby assigned to them Act. Operation and Act may be amended, &c. 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. CA P. XCIV. An Act to enable the Legislatures of certain British Posses- holden in the Eighth and Ninth Years of the Reign of 8 & 9 Vict. c. 93. Her present Majesty, intituled An Act to regulate the Trade of 'the British Possessions abroad, certain Duties of Customs set 'forth in a certain Table in the said Act contained are imposed upon the Importation into any of the British Possessions in 'America, or into the Island of Mauritius, of the several Articles 'therein mentioned, not being the Growth, Produce, or Manufacture of the United Kingdom, or of the British Possessions therein enumerated, and a certain Duty of Ten Pounds for every One hundred Pounds of the Value thereof is imposed upon the Im'portation thereinto of certain Sugar refined in Bond in the United 'Kingdom: And whereas by the said Act it is enacted, that all 'Laws, Bye Laws, Usages, or Customs which shall be in practice, or endeavoured or pretended to be in force or practice, in any of the British Possessions in America, which are in anywise repugnant to the said Act, or to any Act of Parliament made or to be made in the United Kingdom, so far as such Act shall relate to and mention the said Possessions, are and shall be null ' and void to all Intents and Purposes whatsoever: And whereas it is expedient to enable the Legislatures or other proper legisla'tive Authorities in the said British Possessions, with the Assent ' of Her Majesty in Council, to reduce or repeal all or any of such 'Duties of Customs as aforesaid, so far as the same may be in 'force in such Possessions respectively:' 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 of the same, That if and whenever the Legislature or other proper legisJatures may re- lative Authority of any of the said British Possessions in America Colonial Legis or Duties of Cus c. 93. or the Mauritius make or pass any Act or Ordinance, Acts or duce or repeal Ordinances, reducing or repealing all or any of the said Duties all or any of the of Customs so imposed as aforesaid by the said recited Act upon toms imposed any Articles imported into such Possession, and if Her Majesty, by 8&9 Vict. by and with the Advice of Her Privy Council, assent to such Act or Ordinance, Acts or Ordinances, such Duties of Customs shall, upon the Proclamation of such Assent in the Colony, or at any Time thereafter which may be fixed by such Act or Ordinance, be so reduced or repealed in such Possession as if such Reduction or Repeal had been effected by an Act or Acts of the Imperial Legislature, any thing in any Act to the contrary thereof notwithstanding. Ordinances to be laid before Parliament. II. And be it enacted, That all such Acts and Ordinances shall All Acts and be laid before both Houses of Parliament by One of Her Majesty's Principal Secretaries of State, within Thirty Days after Her Majesty shall have assented thereunto, if Parliament be then sitting, or if not, then within Thirty Days after the next Meeting of Parliament. 6 CAP. XCV. An Act for the more easy Recovery of Small Debts and WE WHEREAS sundry Acts of Parliament have been passed from Time to Time for the more easy and speedy Recovery ' of Small Debts within certain Towns, Parishes, and Places in England: And whereas by an Act passed in the Eighth Year of 'the Reign of Her Majesty, intituled An Act to amend the Laws 7 & 8 Vict. c. 96. ، of Insolvency, Bankruptcy, and Execution, Arrest upon Final 6 Process in Actions of Debt not exceeding Twenty Pounds was abolished, except as to certain Cases of Fraud and other Mis'conduct of the Debtors therein mentioned: And whereas by an 'Act passed in the Ninth Year of the Reign of Her said Majesty, 'intituled An Act for the better securing the Payment of Small 8&9 Vict. c. 127. Debts, further Remedies were given to Judgment Creditors, in respect of Debts not exceeding Twenty Pounds, for the Discovery of the Property of Debtors, and Punishment of Frauds 'committed by them: And whereas by the last-mentioned Act Her Majesty is enabled, with the Advice of Her Privy Council, 'to extend the Jurisdiction of certain Courts of Requests and 'other Courts for the Recovery of Small Debts to all Debts and 'Demands, and all Damages arising out of any express or implied Agreement, not exceeding Twenty Pounds, and also to enlarge and in certain Cases to contract the District of such Courts, and 'make certain other Alterations in the Practice of such Courts in manner in the now-reciting Act mentioned; and it is expedient 'that the Provisions of such Acts should be amended, and that 'One Rule and Manner of proceeding for the Recovery of Small 'Debts and Demands should prevail throughout England: And whereas the County Court is a Court of ancient Jurisdiction having Cognizance of all Pleas of Personal Actions to any Amount by virtue of a Writ of Justicies issued in that Behalf: And whereas the Proceedings in the County Court are dilatory M m 3 ' and Her Majesty may order this Act to be put in execution. Counties to be divided into Districts. Courts held under this Act to have the same Jurisdic tion as County Courts. and expensive, and it is expedient to alter and regulate the 'Manner of proceeding in the said Courts for the Recovery of Small Debts and Demands, and that the Courts established under 'the recited Acts of Parliament, or such of them as ought to be 'continued, should be holden after the passing of this Act as 'Branches of the County Court under the Provisions of this Act, and that Power should be given to Her Majesty to effect these Changes at such Times and in such Manner as may be deemed 'expedient by Her Majesty, with the Advice of Her Privy Council: 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 it shall be lawful for Her Majesty, with the Advice of Her Privy Council, from Time to Time to order that this Act shall be put in force in such County or Counties as to Her Majesty, with the Advice aforesaid, from Time to Time shall seem fit; and this Act shall extend to those Counties concerning which any such Order shall have been made, and not otherwise or elsewhere: Provided always, that no Court shall be established under this Act in the City of London. II. And be it enacted, That it shall be lawful for Her Majesty, with the Advice aforesaid, to divide the whole or Part of any such County, including all Counties of Cities and Counties of Towns, Cities, Boroughs, Towns, Ports, and Places, Liberties, and Franchises therein contained, or thereunto adjoining, into Districts, and to order that the County Court shall be holden for the Recovery of Debts and Demands under this Act in each of such Districts, and from Time to Time to alter such Districts as to Her Majesty with the Advice aforesaid, shall seem fit, and to order from Time to Time that the Number of Districts in and for which the Court shall be holden shall be increased until the whole of such County shall be within the Provisions of this Act, and with the Advice aforesaid to alter the Place of holding any such Court, or to order that the holding of any such Court be discontinued, or to consolidate any Two or more of such Districts, and from Time to Time, with the Advice aforesaid, to declare by what Name and in what Towns and Places the County Court shall be holden in each District; and if it shall appear to Her Majesty that any Part of any County, Liberty, City, Borough, or District may conveniently be declared within the Jurisdiction of the County Court of an adjoining County, it shall be lawful for Her Majesty, with the Advice aforesaid, to order that such Part shall be taken to be within the Jurisdiction of the County Court holden for the Purposes of this Act for such adjoining County in and for such District as Her Majesty shall order, in like Manner as if it were Part of such adjoining County. III. And be it enacted, That every Court to be holden under this Act shall have all the Jurisdiction and Powers of the County Court for the Recovery of Debts and Demands, as altered by this Act, throughout the whole District for which it is holden, and there shall be a Judge for each District to be created under this Act, and the County Court may be holden simultaneously in all or any of such Districts; and every Court holden under this Act shall be a Court of Record. IV. And IV. And be it enacted, That for all Purposes, except those Preserving the which shall be within the Jurisdiction of the Courts holden under Jurisdiction of this Act, the County Court shall be holden as if this Act had not County Courts. been passed; and all Proceedings commenced in the County Court of any County before the Time when any Court shall be holden under this Act in such County may be continued, executed, and enforced against all Persons liable thereunto, in the same Manner as if they had been commenced under the Authority of this Act. V. And be it enacted, That it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to order that any Court holden for the Recovery of Small Debts or Demands within the Provisions of any Act cited in either of the Schedules annexed to this Act, and marked (A.) and (B.) respectively, shall be holden as a County Court; and it shall be lawful for Her Majesty, with the Advice aforesaid, to assign a District to every such Court, either greater or less than the District in which the Court holden under the Provisions of any such Act now has Jurisdiction, and to alter the Place of holding any such Court, or to order that any such Court be abolished; and every such Court shall continue to be holden under the Act according to which it is now constituted or regulated until the Time mentioned in any such Order which shall be made with reference to such Court; and from and after the Time mentioned in any such Order the Act or Acts under which such Court is now constituted, so far as the same relate to the Establishment or Jurisdiction or Practice of a Court for the Recovery of Sinall Debts or Demands, shall be repealed, but not so as to revive any Act thereby repealed; and such Court so ordered to be holden as a County Court shall thenceforth be holden as a County Court under this Act, and in all respects as if it had been originally constituted under the Provisions of this Act. Her Majesty may order any Court under Acts in Schedules (A.) and (B.) to be held as a County Court, and may assign a District to the same. shall be established under this Act, recited Acts and all other Acts affecting its Jurisdiction VI. And be it enacted, That as soon as a Court shall have been When a Court established in any District under this Act, and also at the Time mentioned in any such Order which shall have been made as afore. said for holding any of the Courts mentioned in either of the said Schedules as a County Court under this Act, the several Provisions and Enactments of the said Acts of Parliament of the Eighth and of the Ninth Year of the Reign of Her Majesty, and of every other Act of Parliament heretofore passed, so far as the same respectively relate to or affect the Jurisdiction and Practice of the Court so established or ordered to be holden as a County Court, or give Jurisdiction to any Court or to any Commissioner of the Court of Bankruptcy, with respect to Judgments or Orders obtained in the Court so established or ordered to be holden as a County Court, shall be repealed. repealed. VII. Provided always, and be it enacted, That all Proceedings Proceedings in execution of the said Acts or any of them commenced before under former the passing of this Act, or before the Days severally appointed Acts to be valid. for the Alteration of the Constitution of the said Courts, shall be as valid to all Intents and Purposes as if this Act had not been passed, or as if the said Courts had not been altered, and may be continued, executed, and enforced against all Persons liable thereto M m 4 |