Page:United States Statutes at Large Volume 47 Part 1.djvu/944

 920 Executor, tr ust ee, etc ., may sue without joining beneficiary. Married women as pa rti es. When wife may de- fend. Appearance of infant, et c. Power of guardian, et c., to compromise. Hoa, guardian ap- point point Suits by unmarried female for seduction. Suit by f ather, etc . Actions for wrongful death. 72d C ONGRESS. SESS. II. CH. 127. F EBRUARY, 27 ,'1933 . SEC. 89. EXECUTOR, TRUSTEE, AND SO FORTH, MAY SUE WITHOUT JOIN- ING THE PERSONS BENEFICIALLY INTERESTED .--An executor or adminis- trator, or trustee of an express trust, or a person expressly authorized by s tatut e, may sue witho ut jo ining with him t he per sons for w hose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. SEC. 90. MA RRIED WOMEN AS PA RTIES TO ACTIONS.--A married woman may be sued without her husband bein g jo ined as a pa rty, and may sue wit hout her hus band be ing joined as a part y in all actions, including those for injury to her person, libel, slander, false imprisoment, or malicious prosecution, or for the recovery of her earnings. SEC. 91. W IFE MA Y DEFEN D, WHEN .-If a husband and wife be sued together, the wife may defend for her own right and if the husband neglect to defend, she may defend, for his right also. SEC. 92. APPEARANCE OF INFANT, AND SO FORTH, BY GUARDTAN ; MAY COMPROMISE :When an infant, or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem app ointed by the court in w hich the action is pending, in eac h case. A guardian ad litem may be appointed in any case, when it is deemed by the court in which the action or pr o- ceeding is prosecuted, or by a judge thereof, expedient to represent the infant, insane, or incompetent person in the action or proceed- ing, notwithstanding he may have a general guardian and may ha ve appeared by him. The general guardian or guardian ad litem so appearing for any infant, or insane or inc ompetent person in any suit shall have power to compromise the same and to agree to the judgment to be entered therein for or against his ward, su b- ject to the approval of the court in which such suit is pending. SEC. 93. GUARDIAN, HOW APPOINTED .-When a guardian ad litem is appointed by the court, he must be appointed as follows 1 . When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen years, or if under that age, upon the ap plieatio n of a relative or friend of the in fant. 2. When the infant is defe nda nt, upon the app lica tion of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons or if under that age, or if he neglect so to apply, then upon the application of a relative or friend of the infant, or of any other party to the action. 3 . When an insane or incompetent person is a party to an action or proceeding, upon the application of a relative or friend of such insane or incompetent person, or of any other party to the action or, proceedi~n .~r SF'C. 94. UNMAR RIED F EMALE MAY SUE FOR HER OWN SEDUCTION.- An unmarried female may prosecute, as plaintiff, an action for her own sedu ctio n, a nd may reco ver ther ein such dam ages, pe cuni ary or exemplary, as are assessed in her favor. SEC.' 95 . FATHERS, ETC ., MAY SUE FOR SEDUCTION OF DAUGHTER, ETC.-A father, or, in case of his death or desertion of his family, the mother, may prosecute as plaintiff for seduction of the daughter, and the guardian for the seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. SEC. 96. ACTIONS FOR WRONGFUL DEATH .-1. Whene ver by any injury done or happening within the Canal Zone the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured (or, in the case of a married woman,