Chap. 64.—An ACT to amend and re-enact sections 2903 and 2904 of the Code of
Virginia of 1887.

Approved March 7, 1904.

1. Be it enacted by the general assembly of Virginia, ‘That sections
twenty-nine hundred and three and twenty-nine hundred and four of the
Code of Virginia be amended and re-enacted so as to read as follows:

§ 2903. How and when to be brought; how damages awarded; new
trials—E'very such action shall be brought by and in the name of the
personal representative of such deceased person and within twelve
months after his or her death, but if any such action is brought within
said period of twelve months after said party’s death, and for any cause
abates or is dismissed without determining the merits of said action, the
time said action is pending shall not be counted as any part of said
period of twelve months, and another suit may be brought within the
remaining period of said twelve months as if such former suit had not
been instituted. The jury in any such action may award such damages
as to it may seem fair and just, not exceeding ten thousand dollars, and
may direct in what proportion they shall be distributed to the wife, hus-
band, or child, or, if there be no wife, husband, or child, then to the
parents, brothers, and sisters of the deceased. But nothing in this sec-
tion shall be construed to deprive the court of the power to grant new
trials as in other cases.

§ 2904. To whom amount recovered to be paid—The amount re-
covered in any such action shall be paid to the personal representative,
and after the payment of costs and reasonable attorney’s fees, shall be
distributed by such personal representative to the wife, husband, and
child, or if there be no wife, husband, or child, then to the parents,
brothers, and sisters of the deceased in such proportions as the jury may
have directed, or, if they have not directed, according to the statute of
distributions, and shall be free from all debts and liabilities of the de-
ceased ; but if there be no wife, husband, child, parent, brother, or sister,
the amount so received shall be assets in the hands of the personal repre-
sentative to be disposed of according to law. This and the preceding
section are subject to this proviso: Where there is a widowed mother of
the deceased and a widow but no children of the deceased, the amount
recovered shall be divided between the mother and the widow in such
portions as the jury or the court may direct.