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Report No. 111

Chapter VIII

Multiplicity of Suits: Section 2

8.1. Section 2, first part.-

We now proceed to a consideration of section 2 of the Act. Curiously, the section begins with the words "Provided that". The section really consists of two parts. The first part reads:

"2. Not more than one suit to be brought.-Provided always that no more than one section or suit shall be brought for, and in respond of the same subject-matter of complaint". The second part of the section reads:

"Provided that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for the recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased."

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