Odger's English Common Law

74 HOW TO ASCERTAIN THE LAW.
can try any action arising out of a contract, if the amount claimed exceeds
£50, must yield to a special provision that certain county courts can try
any claim arising out of an agreement for the use or hire of any ship, even
if it exceeds £50.
Again, by section 3 of the Fatal Accidents Act, 1846, x an action for the
benefit of the wife or child of a person whose death has been caused by
the wrongful act, neglect, or default of another must be commenced
within twelve calendar months of the death of the deceased. By sec-
tion 1 of the Public Authorities Protection Act, 1893, a an action against
any person for any act done in pursuance, or execution, or intended
execution of any Act of Parliament, or in respect of any alleged neglect or
default in the execution of any Act, must be commenced within six months.
An action under the Fatal Accidents Act, 1846, was brought against the
defendants, a statutory body formed to maintain a hospital, to recover
damages for the death of a patient in the hospital caused by the negligent
act of a nurse in the defendants' employment ; the writ was issued more
than six months, but less than twelve months, after the death of the
deceased. Held, that the action was brought too late, and was not main-
tainable. 3
(viii.) A statute which destroys, infringes or restricts any-
existing right will be construed strictly. "The burthen
lies on those who seek to establish that the Legislature
intended to take away the private rights of individuals to
show that by express words, or by necessary implication,
such an intention appears." 4 Thus cases not infrequently
occur in which it is necessary for the benefit of the
community as a whole to take private property away from
its owner. But such an invasion of private right is never
sanctioned without due inquiry, and when it is sanctioned
compensation should always be granted to the owner of the
property taken. A clause to this effect is almost invariably
inserted in the Act which legalises the infringement. And
even in the absence of any such clause, " it is a proper rule
of construction not to construe an Act of Parliament as inter-
fering with or injuring persons' rights without compensation,
unless one is obliged to so construe it." 6
1 9 & 10 Vict. c. 93.
2 56 & 57 Vict. o. 61.
s Markey and another
[1900] 2 Q. B. 454.
v. Tolworth Joimt Isolation Hospital District Board,
i Per Lord Blackburn in Metropolitan Asylum District v. Hill (1881), 6 App. Cas.
193, at p. 208.
6 Per Brett, M. E., in Att.-Gen. v. Horner (1884),. 14 Q. B. D. at p. 257 ; and