By whom to be brought and limitation

Every such action shall be brought by and in the name of the executor or administrator of the person deceased, but if in any case there is no executor or administrator of the person deceased, or if, there being such executor or administrator, no such action is, within six calendar months after the death of such deceased person, brought by and in the name of such executor or administrator, the action may be brought by and in 11 the name or names of all or any of the persons (if more than one) for whose benefit the action is hereby given, Provided that not more than one action shall lie for and in respect of the same subject matter of complaint.