CHAPTER 500

An Act to amend and reenact § 8-170, as amended, of the Code of
Virginia, relating to compromise of claims for damages to certain
persons.

[fH 517]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That § 8-170, as amended, of the Code of Virginia, be amended and
reenacted as follows: |

§ 8-170. In * case of * damage to the person or property of an
infant, * or any person who has been adjudged insane or feeble-minded,
as defined in § 87-1.1, or for whom there has been appointed a guardian
or committee after an adjudication of incompetency under the provisions
of § 87-140 caused by the wrongful act, neglect or default of any person
or corporation, when death did not ensue, the mother of an illegitimate
child, or the parents, or one parent if the other be dead, or * if the custody
of such infant has been awarded to such parent by order of * court, or
guardian of such infant, or the committee of such * insane, feeble-minded
or incompetent person or person acting as next friend of such infant,
with the approval of the judge of the court wherein an action might be
brought for the recovery of damages on account of such injury, may com-
promise any claim for such damages, including any claim under the pro-
visions of an automobile insurance policy. Such approval may be applied
for by * the person or persons making such compromise on behalf of such
infant, or insane, feeble-minded or incompetent person, or by the person
who caused the injury, or who may legally be liable therefor, or by the
insurance carrier issuing such policy, on petition to such judge, in term
or vacation, stating the compromise, the terms thereof, and reasons there-
for, and convening the parties. In any case in which such petition is filed
* other than by the mother of an illegitimate child, or the parents, or one
parent if the other be dead, or a parent to whom legal custody of such
infant has been awarded by order of court, or by the guardian of such
infant, or by the committee of such insane, feeble-minded or incompetent
person, or the judge shall appoint a guardian ad litem for such infant, *
or insane, feeble-minded or incompetent person, or shall cause the living
parent or parents of, or guardian of, or person having legal custody of,
or person or persons in loco parentis to, or adult spouse of such infant,
if such there be within the jurisdiction of the court, or the committee of
such insane, feeble-minded or incompetent person, * or if such there be,
to be made parties to the proceedings. It shall not be necessary to make
a party to such proceedings any person whose whereabouts 1s unknown,
if such fact be made to appear by affidavit filed with such petition. The
proceedings on any such petition, the effect thereof, and the disposition
of the papers in the case, when the proceeding is in vacation. shall be in
accordance with the applicable provisions of §§ 8-169 and 8-639, provided
that nothing in this section shall be construed to affect the provisions of
§§ 8-169 or 8-685, except that in such proceeding the judge of said court
may in his discretion direct the payment of the proceeds of such compro-
mise agreement, when approved, in the manner following: (a) payment
of the sum into court in the proceeding in the manner provided by § 8-744;
or (b) to a duly qualified guardian of such infant, or to a duly qualified
committee of such insane, feeble-minded or incompetent person, after due
inquiry as to the adequacy of the bond of such guardian or committee;
or (c) as provided in § 8-751.