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Amendment of the Fatal Accidents Act, 1846.
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83.—(1) Notwithstanding anything contained in the Fatal Accidents Act, 1846, any action under that Act may with the consent of all parties to such action be heard and determined by a judge without a jury, and when any such action is so heard section 2 of the said Act shall be construed and have effect as if the word “judge” were substituted therein for the word “jury” wherever that word occurs and such further modifications were made in the said section as may be necessary in consequence of such substitution.
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(2) Notwithstanding anything contained in section 2 of the Fatal Accidents Act, 1846, the amount recovered in any action under that Act shall (after deducting the costs not recovered from the defendant) be divided, in pursuance of the said section 2, amongst the parties mentioned in that section in such shares as the judge before or by whom such action is tried shall determine and direct.
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