Chap. 693.—An ACT to amend and re-enact section 2934 of the code of Virginia
in relation to limitation of actions.

Approved March 5, 1804.

1. Be it enacted by the general assembly of Virginia, That section
two thousand nine hundred and thirty-four of the code of Virginia
be amended and re-enacted so as to read as follows:

§ 2934. Further time given; when suit abates, or is defeated on
ground not affecting the right to recover.—If an action, commenced
within due time, in the name of or against one or more plaintiffs or
defendants, abate as to one of them by the return of no inhabitants
or by his or her death or marriage; or if, in an action commence
within due time, judgment for the plaintiff shall be arrested or re-
versed, upon a ground which does not preclude a new action for the
same cause, or if there be occasion to bring a new suit by reason of
the loss or destruction of any of the papers or records in a former
suit which was in due time; or if, in any action or suit hereafter
commenced within due time in any of the courts of this common-
wealth, the plaintiff shall proceed in the wrong form or bring the
wrong form of action, and judgment is rendered against the plaintiff
solely upon that ground, in every such case, notwithstanding the
expiration of the time within which a new action or suit must other-
wise have been brought, the same may be brought within one year
after such abatement or such arrest, or reversal of judgment, or such
loss or destruction, or such judgment against the plaintiff, but not
after: provided, however, that the time that any such action or suit
first brought shall be pending in any appellate court shall not be
included in the computation of the said one year.
2. This act shall be in force from its passage.