Chap. 226.—An ACT to amend and re-enact an act to amend and re-enact section
2054 of the code of Virginia in relation to limitation of actions,

Approved February 8, 1898.

1. Be it enacted by the general assembly of Virginia, That section
two thousand nine hundred and thirty-four of the code of Virginia, as
amended and re-enacted by an act approved March fifth, eighteeen hun-
dred and ninety-four, chapter six hundred and ninety-three, acts of as-
sembly eighteen hundred and ninety-three and eighteen hundred and
ninety -four, be amended and re-enacted so as to read as follows:

§ 2US4. 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 inhabitant, or by his or her
death or marriage; or if in an action commenced within due time, judg-
ment for the plaintiff shall be arrested or reversed upon a ground. which
does not preclude a new action for the same cause; or if there be occa-
sion 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 pending cause, or in any action or suit hereafter commenced within
due time in any of the courts of this commonwealth, the plaintiffs pro-
ceed or have proceeded in the wrong forum or bring the wrong form of
action, or against the wrong defendant, and judyment is rendered against
the pl aintif? solely upon stich ground, in every such case, notwithstand-
ing the expiration of the time within which a new action or suit must
otherwise have heen brought, the same may be brought within one year
after such abatement, or arrest, or reversal of judgment, or loss or de-
struction, or judgement avainst the plaintiff, but not after: provided,
however, that the time that any such action or suit first brought shall
he pending in any appellate court shall not be included in the computa-
tion of said year.

2. This act shall be in force from its passage.