Chap. 26.—An ACT to amend and re-enact section 5790 of the Code of Pen ae
, Approved February 10, 1920.

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

Sec. 5790. When right of action not to determine, nor action, when
brought, to abate——The right of action under sections fifty-seven
hundred and eighty-six and fifty-seven hundred and eighty-seven, shall
not determine, nor the action, when brought, abate by the death of
the defendant, or the dissolution of the corporation when a corpora-
tion is the defendant; and, where an action is brought by a person
injured for damage caused by the wrongful act, neglect, or default ot
any person or corporation, and the person injured dies pending the
action, the action shall not abate by reason of his death, but, his death
being suggested, it may be revived in the name of his personal repre-
sentative. If the death resulted from the injury, the declaration and
other pleadings shall be amended so as to conform to an action under
sections fifty-seven hundred and eighty-six and fifty-seven hundred and
eighty-seven, and the case proceeded with as if the action had been
brought under the said sections. But in such cases there shall be but
one recovery for the same injury. Nothing contained in this section
shall be construed to extend the time within which an action for
any other tort shall be brought, nor to give the right to assign a
claim for a tort not otherwise assignable.

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

passage.