Chap. 29.—An ACT to Authorize the Recovery of Damages when Death is
Caused by the Wrongful Act, Neglect, er Default of Another.

Approved January 14, 1871.

1. Be it enacted by the general assembly, That whenever
the death of a person shall be caused by the wrongful act, ne-
glect, or default of any person or corporation, and the act, ne-
glect, or default is such as would (if death had not ensued) have
entitled the party injured, or if she be a married woman, her
husband, either separately or together with her, to maintain
an action and recover damages in respect thereof, then, and in
every such case, the person who, or corporation which, would
have been liable, if death had not ensued, shall be liable to an
action for damages, notwithstanding the death of the person
injured, and although the death shall have been caused under
such circumstances as amount in law toa felony: provided,
that in no case shall the recovery exceed the sum of ten thou-
sand dollars. | _ :

2. Every such action shall be brought by and in the name
of the personal representative of such deceased person, and
within twelve calendar months after his or her death. The
jury in any such action may award such damages as to it may
seem fair and just, and may direct in what proportion they
shall be distributed to the wife, husband, parent, and child of
the deceased. |

5. The amount recovered in any such action shall, after the
payment of costs and reasonable attorneys’ fees, be paid to the
wife, husband, parent, and child of the deceased, in such pro-
portion as the jury may have directed, or if they have not di-
rected, according to the statute of distributions, and shall be
free from all debts and liabilities of the deceased; but if there
be no wife, husband, parent, or child, the amount so received
navigation of the Rivanna river up to the Hydraulic mills on
the South fork, and Ferneyhough’s mill on the North fork,
upon the terms and conditions set forth in the act of the gene-
ral assembly, passed in June, eighteen hundred and seventy,
and pursuant to said act, and the act approved July ninth,
eighteen hundred and seventy, entitled an act to authorize the
counties of Albemarle, Fluvanna, and Greene, to loan money
to the Rivanna navigation company, in all respects, except so
far as the sixth section of said last mentioned act is hereby
modified.

2. If the provisions of this act shall be adopted, and the au-
thority conferred upon the county of Fluvanna to make the
loan of ten thousand dollars to the Rivanna navigation com-
pany, then the said company shall expend two thousand dol-
lars of said sum in reopening and repairing of that portion of
their work already constructed, and the remainder in construct-
ing and extending, as herein provided.

3. This act shall be in force trom its passage.

Chap. 29. —An ACT to Authorize the Recovery of Damages when Death is
Caused by the Wrongful Act, Neglect, er Default of Another.

Approved January 14, 1871.

1. Be it enacted by the general assembly, That whenever
the death of a person shall be caused by the wrongful act, ne-
glect, or default of any person or corporation, and the act, ne-
glect, or default is such as would (if death had not ensued) have
entitled the party injured, or if she be a married woman, her
husband, either separately or together with her, to maintain
an action and recover damages in respect thereof, then, and in
every such case, the person who, or corporation which, would
have been liable, if death had not ensued, shall be liable to an
action for damages, notwithstanding the death of the person
injured, and although the death shall have been caused under
such circumstances as amount in law toa felony: provided,
that in no case shall the recovery exceed the sum of ten thou-
sand dollars. | _ :

2. Every such action shall be brought by and in the name
of the personal representative of such deceased person, and
within twelve calendar months after his or her death. The
jury in any such action may award such damages as to it may
seem fair and just, and may direct in what proportion they
shall be distributed to the wife, husband, parent, and child of
the deceased. |

5. The amount recovered in any such action shall, after the
payment of costs and reasonable attorneys’ fees, be paid to the
wife, husband, parent, and child of the deceased, in such pro-
portion as the jury may have directed, or if they have not di-
rected, according to the statute of distributions, and shall be
free from all debts and liabilities of the deceased; but if there
be no wife, husband, parent, or child, the amount so received
shall be assets in the hands of the personal representatives, to
be disposed of according to law.

4. Rights of action under this act shall not determine, nor
shall such actions, when brought, abate by the death of the
defendant. |

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