Chap. 228.—An ACT to amend and re-enact Section 5787 of the Code of Virginia,
as heretofore amended, relating to actions for damages for death from wrongful
act, so as to provide a limitation of the amount that may be recovered.

H B 204]
Approved March 14, 1942

1. Be it enacted by the General Assembly of Virginia, That section
fifty-seven hundred and eighty-seven of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted, as follows:

Section 5787. How and when to be brought; how damages
awarded; new trials—Every such action shall be brought by and in the
name of the personal representative of such deceased person and within
one year after his or her death, but if any such action is brought within
said period of one year after said person’s death, and for any cause
abates or is dismissed without determining the merits of said action, the
time said action is pending shall not be counted as any part of said period
of one year, and another suit may be brought within the remaining period
of said one year as if such former suit had not been instituted. No action,
however, shall be maintained by the personal representative of one who,
after injury, has compromised for such injury and accepted satisfaction
therefor previous to his death. The jury in any such action may award
such damages as to it may seem fair and just, not exceeding fifteen
thousand dollars, and may direct in what proportion they shall be dis-
tributed to the surviving widow or husband and children and grand-
children of the deceased, or if there be none such, then to the parents,
brothers and sisters of the deceased. Nothing shall be apportioned to the
deferred class until the preferred class has been exhausted, but between
members of the same class the jury shall have absolute discretion as to
who shall receive the whole or any part of the recovery. But nothing in
this section shall be construed to deprive the court of the power to grant
new trials as in other cases.