Law Forum
  Law Books

Adverts from Google:
 
 
Google
 
Web www.swarb.co.uk

Riot (Damages) Act 1886 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

An Act to provide Compensation for Losses by Riots.

Short title.

1. This Act may be cited for all purposes as the Riot (Damages) Act 1886.


Compensation to persons for damage by riot.

2:-

    (1) Where a house, shop, or building in a police area has been injured or destroyed, or the property therein has been injured, stolen, or destroyed, by any persons riotously and tumultuously assembled together, such compensation as hereinafter mentioned shall be paid out of the police fund of the area to any person who has sustained loss by such injury, stealing, or destruction; but in fixing the amount of such compensation regard shall be had to the conduct of the said person, whether as respects the precautions taken by him or as respects his being a party or accessory to such riotous or tumultuous assembly, or as regards any provocation offered to the persons assembled or otherwise.

    (2) Where any person having sustained such loss as aforesaid has received, by way of insurance or otherwise, any sum to recoup him, in whole or in part, for such loss, the compensation otherwise payable to him under this Act shall, if exceeding such sum, be reduced by the amount thereof, and in any other case shall not be paid to him, and the payer of such sum shall be entitled to compensation under this Act in respect of the sum so paid in like manner as if he had sustained the said loss, and any policy of insurance given by such payer shall continue in force as if he had made no such payment, and where such person was recouped as aforesaid otherwise than by payment of a sum, this enactment shall apply as if the value of such recoupment were a sum paid.


Mode of awarding compensation.

3:--

    (1) Claims for compensation under this Act shall be made to the compensation authority of the police area] in which the injury, stealing, or destruction took place, and such compensation authority shall inquire into the truth thereof, and shall, if satisfied, fix such compensation as appears to them just.

    (2) A Secretary of State may from time to time make, and when made, revoke and vary regulations respecting the time, manner, and conditions within, in, and under which claims for compensation under this Act are to be made, and all claims not made in accordance with such regulations may be excluded. Such regulations may also provide for the particulars to be stated in any claim, and for the verification of any claim, and of any facts incidental thereto, by statutory declarations, production of books, vouchers, and documents, entry of premises, and otherwise, and may also provide for any matter which under this Act can be prescribed, and for the compensation authority obtaining information and assistance for determining the said claims.

    (3) The said regulations shall be published in the London Gazette, and every compensation authority shall cause the same to be published in their police area, and copies thereof to be at all times sold to any applicant at a price not exceeding 2½p for each copy.


Right of action to person aggrieved.

4:--

    (1) Where a claim to compensation has been made in accordance with the regulations, and the claimant is aggrieved by the refusal or failure of the compensation authority to fix compensation upon such claim, or by the amount of compensation fixed, he may bring an action against the compensation authority to recover compensation in respect of all or any of the matters mentioned in such claim and to an amount not exceeding that mentioned therein, but if in such action he fails to recover any compensation or an amount exceeding that fixed by the compensation authority, he shall pay the costs of the police authority as between solicitor and client.

    (2) . . .


Payment of compensation and expenses, and raising of money.

5:--

    (1) Where any compensation under this Act has been fixed by or recovered in an action against the compensation authority, that authority shall, on the prescribed conditions having been complied with, pay in the prescribed manner the amount of such compensation out of the police fund, and shall also pay out of the said fund, all costs and expenses payable by them in or incidental to the execution of this Act; .


Application of Act to wreck and machinery.This Act shall apply

6:--

    (a) . . . . . . .

    (b) in the case of the injury or destruction, by persons riotously and tumultuously assembled together, of any machinery, whether fixed or movable, prepared for or employed in any manufacture, or agriculture, or any branch thereof, or of any erection or fixture about or belonging to such machinery, or of any steam engine or other engine for sinking, draining, or working any mine or quarry, or of any staith or erection used in conducting the business of any mine or quarry, or of any bridge, waggon-way, or trunk for conveying minerals or other product from any mine or quarry;

in like manner as if such . . injury or destruction were an injury, stealing, or destruction in respect of which compensation is payable under the foregoing provisions of this Act . .


As to claimants in the case of churches, public institutions, &c.For the purposes of this Act

7:--

    (a) where a church or chapel has been injured or destroyed, or any property therein has been injured, stolen, or destroyed, the churchwardens or chapelwardens, if any, or, if there are none, the persons having the management of such church or chapel, or chapel, or the persons in whom the legal estate in the same is vested; and

    (b)Where a school, hospital, public institution, or public building, has been injured or destroyed, or any property therein has been injured, stolen, or destroyed, the persons having the control of such school, hospital, institution, or building, or the persons in whom the legal estate in the same is vested; shall be deemed to be the persons who have sustained loss from such injury, stealing, or destruction, and claims may be made by any one or more of such persons in relation both to the building and to the property therein, and payment to any such claimant shall discharge the liability of the compensation authority to pay compensation, but shall be without prejudice to the right of any person to recover the compensation from such payee.


8:-- . . .

Definitions.

9. In this Act, unless the context otherwise requires

    The expression 'person' includes a body of persons, corporate or unincorporate:

    The expression 'police area' and the expression 'police fund' have the same meaning as in the Police Act 1996 and the expression 'compensation authority' means:

      (a) . .

      (b) . .

      (c) in relation to any police area, the police authority.

    The expression 'house, shop, or building' includes any premises appurtenant to the same:


All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
Home |  lawindexpro |  law-index |  law-bytes |  acts |  Law Books |  Discuss Law |  Contact David Swarbrick
lawindexpro | Two Doves Counselling | Jigsaw Jo | Faulty Flipper
External Sites: wrigleyclaimon
Advertisement:
Wrigley Claydon - Solicitors in Oldham and Todmorden
Wrigley Claydon are regulated by the Solicitors Regulation Authority.
29-33 Union Street Oldham OL1 1HH 0161 624 6811 www.wrigleyclaydon.com email Wrigley Claydon
Copyright and Database Rights: David Swarbrick 2009
09 June 2010
http://www.swarb.co.uk/acts/1886Riot_DamagesAct.html ver 9 July 2010