Chap. 24.—An ACT to amend and re-enact sections 5388 and 5389 of the Code
of Virginia. (H B 20]
: Approved February 10, 1920.

1. Be it enacted by the general assembly of Virginia, That sections
fifty-three hundred and eighty-eight and fifty-three hundred and
eighty-nine of the Code of Virginia be amended and re-enacted so as
to read as follows:

Sec. 5388. When suit may be brought on bond of personal repre-
sentative—Where an execution on a judgment or decree against a
personal representative is returned without being satisfied, there may
be forthwith brought and prosecuted an action against the obligors
in any bond given by such personal representative for the faithful
discharge of his duties.

Sec. 5389. Representative and sureties not chargeable beyond
assets; how they may plead in actions against them.—No personal
representative, or any surety of his, shall be chargeable beyond the
assets of the decedent, by reason of any omission or mistake in plead-
ing or false pleading of such representative ; and in the action allowed
by the preceding section, the defendants may plead any pleas, and
offer any evidence which would be admissible in an action against a
personal representative suggesting a devastavit.

2. An emergency existing, this act shall be in force from its
passage.