Chap. 25.—An ACT to amend and re-enact section 5787 of the Code of ape

Approved February 10, 1920.

1. Be it enacted by the general assembly of Virginia, That section
fifty-seven hundred and eighty-seven of the Code of Virginia be
amended and re-enacted so as to read as follows:

Sec. 5787. How and when to be brought ; how damages awarded;
new trials—Every such action shall be brought by and in the name
of the personal representative of such deceased person and within
one year after his or her death, but if any such action is brought
within said period of one vear after said person’s death, and for any
cause abates or 1s 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 one year, and another suit may be brought
within the remaining period of said one year as if such former suit
had not been instituted. No action, however, shall be maintained
by the personal representative of one who, after injury, has com-
promised for such injury and accepted satisfaction therefor previous
to his death. The jury in any such action may award such damages
as to it may seem fair and just, not exceeding ten thousand dolllars,
and may direct in what proportion they shall be distributed to the
surviving widow or husband and children and grandchildren of the
deceased, or if there be none such, then to the parents, brothers and
sisters of the deceased. Nothing shall be apportioned to the deferred
class until the preferred class has been exhausted, but between mem-
bers of the same class the jury shall have absolute discretion as to who
shall receive the whole or any part of the recovery. But nothing in
this section shall be construed to deprive the court of the power to
grant new trials as in other cases.

2. An emergency existing, this act shall be in force from its
passage.