Chap. 137.—-An ACT to amend and re-enact Section 5789 of the Code of Vir-
ginia, relating to compromises of claims for damages for wrongful death, and
distribution of amounts paid under such compromises. [S B 121]

Approved March 9, 1946

Be it enacted by the General Assembly of Virginia:

1. That section fifty-seven hundred eighty-nine of the Code of Vir-
ginia be amended and re-enacted, as follows:

Section 5789. How claim to damages under section fifty-seven
hundred eighty-six may be compromised, and amount received distrib-
uted.—The personal representative of the deceased may compromise any
claim to damages arising under section fifty-seven hundred eighty-six be-
fore or after action brought, with the consent of the persons who would
be entitled to the damages recovered in an action therefor brought by such
tepresentative under section fifty-seven hundred eighty-seven; or if any
such persons are incapable from any cause of giving consent, the personal
representative may compromise with the approval of the judge of the
court wherein any such action has been brought, or if none has been
brought, with the consent of the judge of the court wherein such action
may be brought. Such approval may be applied for by the personal
representative, on petition to the said judge, in term or vacation, stating
the compromise, the terms thereof, and reasons therefor, and convening
the parties in interest; but it shall not be necessary to convene grand-
children whose living parents are made parties to the proceeding. If
the judge approve the compromise, and the parties in interest do not
agree upon the distribution to be made of what has been or may be re-
ceived by the personal representative under the said compromise, or if
any of them are incapable of making a valid agreement, the judge shall
direct such distribution as a jury might direct under section fifty-seven
hundred eighty-seven as to damages awarded by them. In other respects,
what is received by the personal representative under the compromise
shall be treated as if recovered by him in an action under the section last
mentioned. When the judge acts in vacation, he shall return all the pa-
pers in the case, and orders made therein, to the clerk’s office of his said
court. The clerk shall file the papers in his office as soon as received,
and forthwith enter the order in the order book on the law side of the
court. Such orders, and all the proceedings in vacation, shall have the
same force and effect as 1f made or had 1n term.