Chapter 111. Relating to the maintenance of actions for death on the high seas and other navigable waters
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CHAP. 111.— An Act Relating to the maintenance of actions for death on the high seas and other navigable waters. March 30, 1920. [[S. 2085](/us/bill/66/s/2085).] [[Public, No. 165](/us/pl/66/165).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That whenever the death of aUnited States courts.Actions for damages from death on the high seas, etc., allowed in. person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent’s wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued.
Sec. 2. That the recovery in such suit shall be a fair and justApportionment of recovery. compensation for the pecuniary loss sustained by the persons for whose benefit the suit is brought and shall be apportioned among them by the court in proportion to the loss they may severally have suffered by reason of tne death of the person by whose representative the suit is brought. Sec. 3. That such suit shall be begun within two years from the dateTime limit to bring suits. of such wrongful act, neglect, or default, unless during that period there has not been reasonable opportunity for securing jurisdiction of the vessel, person, or corporation sought to be charged; but after the expiration of such period of two years the right of action hereby given shall not be deemed to have lapsed until ninety days after a reasonable opportunity to secure jurisdiction has offered.
Sec. 4. That whenever a right of action is granted by the law ofActions allowed by law of foreign country may be brought in Federal courts. any foreign State on account of death by wrongful act, neglect, or default occurring upon the high seas, such right may be maintained in an appropriate action in admiralty in the courts of the United States without abatement in respect to the amount for which recovery is authorized, any statute of the United States to the contrary notwithstanding.
Sec. 5. That if a person die as the result of such wrongful act,Death occurring during suit for damages.Recovery by personal representative.*Post*, p. 1638. neglect, or default as is mentioned in section 1 during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default, the personal representative of the decedent may be substituted as a party and the suit may proceed as a suit under this Act for the recovery of the compensation provided in section 2.
Sec. 6. That in suits under this Act the fact that the decedent hasEffect of contributory negligence. been guilty of contributory negligence shall not bar recovery, but538the court shall take into consideration the degree of negligence attributable to the decedent and reduce the recovery accordingly. Sec. 7. States laws not affected. That the provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this Act. Waters not included.Nor shall this Act apply to the Great Lakes or to any waters within the territorial limits of any State, or to any navigable waters in the Panama Canal Zone.
Sec. 8. No pending suit, etc., affected. That this Act shall not affect any pending suit, action, or proceeding. Approved, March 30, 1920.