CHAPTER 35

An Act to amend and reenact § 8-639 of the Code of Virginia, relating
to compromise of claims for death by wrongful act. fH 2]

Approved February 18, 1960

Be it enacted by the General Assembly of Virginia:
me That § 8-639 of the Code of Virginia be amended and reenacted as
ollows:

§ 8-639. The personal representative of the deceased may compro-
mise any claim to damages arising under § 8-633 before or after action
* brought by such representative under § 8-634 * with the approval of the
judge of the court wherein any such action has been brought, or if none
has been brought, with the consent of the judge of any court wherein such
action may be brought. Such approval may be applied for by the personal
representative, on petition to such judge, in term or vacation, stating the
compromise, the terms thereof, and reasons therefor, and convening the
parties in interest; but it shall not be necessary to convene grandchildren
whose living parents are made parties to the proceeding. If the judge
approve the compromise, and the parties in interest do not agree upon
the distribution to be made of what has been or may be received by the
personal representative under such compromise, or if any of them are
incapable of making a valid agreement, the judge shall direct such dis-
tribution as a jury might direct under § 8-636 as to damages awarded by
them. In other respects what is received by the personal representative
under the compromise shall be treated as if recovered by him in an action
under the section last mentioned. When the judge acts in vacation, he
shall return all the papers in the case and orders made therein to the
clerk’s office of his court. The clerk shall file the papers in his office as
soon as received and forthwith enter the order in the order book on the law
side of the court. Such orders and all the proceedings in vacation shall
have the same force and effect as if made or had in term.