ART. 65.] NEGLIGENCE. 449

ARTICLE LXV.

Negliglence.

SEC. 1. Whenever the death of a person shall be caused by the
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, the person who would have been liable if death had not
ensued, shall be liable to an action for damages, notwithstanding
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, hus-
band, parent and child of the person whose death shall have been
so caused, and shall be brought by and in the name of the State
of Maryland for the use of the person entitled to damages, 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 above-mentioned parties, in such shares as the jury
by their verdict shall find and direct; Provided, 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 com-
menced within twelve calendar months after the death of the
deceased person.

3. In every such action, the equitable plaintiff on the record
shall be required, together with the declaration, to deliver to the
defendant or his attorney a full particular of the persons for
whom and on whose behalf saeh action shall be brought, and of
the nature of the claim in respect of which damages shall be

sought to be recovered.

4. The following words and expressions used in this article are
intended to have the meaning hereby assigned to them respect-
ively, so far as such meanings are not excluded by the context
or by the nature of the subject matter, that is to say : the word

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