Page:United States Statutes at Large Volume 31.djvu/444

 392 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. mg*}§j,-‘m”a,§§;§‘g,;?‘ SEC: 353. When the death°of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the atter, if the former might have maintained an action, hadhe lived, against the latter for an injury done by the same act or-omission. Such action shall be commenced within two years after the death, and the damages therein shall not exceed ten thousand dollars, and the amount recovered, if any, shall be exclusively for the benefit of the decedent’s husband or wife and children when he or she leaves a husband, wife, or children, him or her surviving; and when any sum is collected it must be distributed by the plaintiff as if it were unbequeathed assetsleft in his hands, after pa - ment of all debts and expenses of administration, and when he or sllre _ leaves no husband, wife, or children, him or her surviving,·—the amount recovered shall be administered as other personal property of the deceased person; but the laintiif may deduct therefrom theex nses of the action, to be allowed?) the proper court upon notice, tch; given, We in such manner and to sucll persons as the court deems proper. “§ggd*°:s?%;¤§;€°;O'g Sec. 354. In anaction acgainst several executors or administrators, rthey shall all be considere as one person, representing their testator or intestate, and judgment may She given and execution issued against all of them who are defendants in the action, althoughthe summons be served only on part of them, in the same manner and with the like effect as if served on all, exceptas providedin the next section.
 * 1;ggggs¥}l3;¢;;*€{;>,{ Sec. 355. When a judgment is given against an executor or admindence unseen. istrator, for want of an answer such ju gmentis not to be deemed

evidence of assets in his hands unless it appear that thecomplaint . ‘, alleged assets and that the summons was served upon him. . “l§,§§gg,,{§8ig;$,¤;§j)Q?, SEO. 356. In an action against executors or administrators, in which itmybewhmmcm the fact of their having administered the estate of their testator or °' "°m°°‘ i intestate, or any part thereof, is put in issue and the inventory of the _ property of the eceasedlreturned by them is given in evidence, the same may be contradicted or avoided by evidence-- e First. That any roperty has been omitted in such inventory, or was not returned tllferein at its full value, or that since the return thereof such property has increased in value; Second. That such property has perished or been lost without the _ fault of such executors or administrators, or that it has been fairly and duly sold by them at a less. price than the value so returned, or that since the return of the inventory such propertv has deteriorated? in value. In such action the defendants can not be chargedfor any things in action specified in their inventory unless it appear that they have X It been collected, or with due diligence might have een. A. _ w}§;*;°“;Q,Q°{,Qi,jg‘;*; Sec. 357. No person, is liable. to an action as executor of his own mu. . wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the executors or administrators of such deceased erson for the value of all property so taken or _ ricekiveéi and fgr all} injury caused by his interferencewith the estate. ` » o the ecease. · Wh°“ “°*i°“,,mg°,Y,,}‘°,, Sec. 358. An action may be commenced a ainst an executor or .g;l;1c1nIigi·c$>‘i·  administrator at any time after the expiration of twelve months from tm"' the granting of letters testamentaryor of administration and until the final settlement of·the estate and discharge of such executor or administrator from the trust, and noto therwise. — _se§};§",§g}’§feb§cgf,§; SEo. 359. Sucht action shall not be commenceduntil the claim of the canbe commenced. plaintiff has been duly presented_to such executor or administrator, and by him disallowed. If such claim IS presented after the expiration of the peripd of six months, mentioned in sections eight hundred and twenty and eight hundred and twenty-one, the executor or adminis— trator in an action therefor shall only be liable to the extent ·of the assets in his hands at the- time the summons is served upon him.