Page:United States Statutes at Large Volume 47 Part 1.djvu/945

 72d C ONGRESS. SESS. II. CH. 127 . FE BRU ARY 27, 1933 . 921 have entitled her or her husband, either individually or jointly) to m ain tain an action and recover damages in respect thereof, the individual who or corporation, company, or association which would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured, and even though the death shall have been caused under such circum- stances as amount in law to a felony . 2 . Every action under -this section shall be brought by and in the name of the personal representatives and within one year after the deatl} of such deceased person . 3 . No action shall be maintained under this section if the person suffering injury and death, or any person for him, has recovered damag es on accou nt of such inju ry . 4. In an action under this section the court or jury shall award such damages as it shall deem to be a fair and ju st compensation assessed with reference to the pecuniary injury, resulting from such death, to the surviving spouse and the children of the deceased, and if there is neither a surviving spouse nor child, then to the parents of the deceased, and if there is no parent, then to the brothers and sisters and other blood relatives dependent upon the deceased for support. 5. Damages recovered in an action under this section shall be for the exclusive benefit of the surviving spouse and other persons enu- merated in subdivision 4, and shall be distributed to them, in the order named in such subdivision, according to the laws in force in the Canal Zone applicable to the distribution of estates. 6 . In no case shall recovery under this section exceed the sum of $10,000. 7 . This section shall not be construed as authorizing a suit against the United States nor as modifying or repealing any other law. (A ct Cong. Dec. 29, 1926, c . 19, „ 7, 44 Stat. 927 .) SEC. 97. WHO MAY BE JOINED AS PLAINTIFFS .-All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise pro- vided in this chapter. SEC. 98. WHO MAY BE JOINED AS DEFENDANTS .-Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. And in an action to determine the title or right of possession to real prop- erty which, at the time of the commencement of the action, is in the possession of a ten an t, the landlord may be joined as a party defendant. SEC. 99. SAME.-All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative ; and judgments may be given against such one or mo re of the defendants as may be found to be liable, according to their respective liabilities. SEC. 100 . ORDER PREVENTING EMBARRASSMENT .-It shall not be necessary that each defendant shall be interested as to all relief prayed : or, or as to every cause of action included in any proceeding against him ; but the court may make such order as may appear just to prev ent an y def endan t from bein g emb arras sed or put to ex pense by being required to attend any proceedings in which he mad have no interest. SEC. 101. ' DOUBT AS TO DEFENDANT LIA BLF.--Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties. Vol.44,p. 927. Joinder of par ties. Plaintiff . Defendant. Orde r pr even ting em- barrassment. When person liable in doubt.