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Law Dictionary Home Dictionary Definition campbell-s-lord-acts-english

Campbell's (Lord) Acts (English)-(1) for amending the practice in prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on such act, neglect, or default would have lain at the suit of the deceased had he not succumbed to his injuries. The damages recoverable are strictly on the basis of compensation [e.g., funeral expenses not recoverable, Clark v. London General Omnibus Co., 1906 (2) KB 648]. The action, which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The action must be started within 12 months after the death. The rights of persons to claim under this Act cannot be abrogated by a contract entered into by the deceased, Nunan v. Southern Railway, 40 TLR 21. The remedies provided by the Law Reform (Misc. Prov.) Act,1934 (24 & 25 Geo. 5, c. 41) (q.v.), are in addition to the remedies provided under the Fatal Accidents Acts, 1846-1908. Compare ACTIO PERSONALIS, etc.; and see Grein v. Imperial Airways Ltd., (1936) 106 LJ KB 49; also (3) 20 & 21 Vict. c. 83 (the Obscene Publications Act, 1857), for preventing the sale of obscene books, etc. See INDECENT PRINTS.

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