Chap. 12.—An ACT to amend and re-enact section two,of Chapter one
hundred and sixty-nine, Code of eighteen hundred and seventy-three,
in reference to Death of Parties to Suits.

Approved January 7, 1876.

1. Be it enacted by the general assembly, That the second
section of chapter one hundred and sixty-nine of the Code of
Virginia, edition of eighteen hundred and seventy-three, be
amended and re-enacted so as to read as follows:

§ 2. When such fact occurs in any stage of acause, whether
it be in a court of original or appellate jurisdiction, if it occur
‘as to any of several plaintiffs or defendants, the suit may
proceed for or against the others if the cause of suit survive
to or against them;-and no suit shall abate as to a party sued
jointly with another who shall die during the pendency of
such suit, but in all cases where such suit would have abated
before the passage of this act, the same shall be revived
against the personal representative of the decedent, and pro-
ceed thenceforward as a separate action against such personal
representative, as though such decedent had been a sole de-
fendant.

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