E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

CHAPTER 299.

AN ACT to compensate the families of persons killed
by the wrongful act, neglect or default of another
person.

CHAP. 299.

Passed May
25, 1853.

WHEREAS, no action at law is now maintainable in
this State, against a person who by his wrongful net,
neglect or default, may have caused the death of an-
other person, and it is often times right and expedient
that the wrongdoer in such case should be answerable
in damages for the injury so caused by him; Therefore,

Preamble.

SECTION 1. Be it enacted by the General Assembly

of Maryland, 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.

Death of per-
son by wrong-
ful act, &c.

SEC. 2. 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
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 respec-
tively, 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 ;

Action for the
benefit of
wife, husband,
parent and
child.

Provided, always, 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.

Proviso

SEC. 3. And be it enacted, That in every such ac-
tion, the plaintiff on the record shall be required, to-
gether 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.

Nature of
claim.