Page:United States Statutes at Large Volume 68 Part 1.djvu/806

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PUBLIC LAW 636-AUG. 23, 1954

[68

ST A T.

or other person liable. On any such thing in action an action may be brought or continued against the personal representative of the deceased person, but punitive or exemplary damages shall not be awarded nor penalties adjudged in any such action. This section shall extend to a thing in action for wrongfully causing death arising under section 131 of title 4, and an action under said section 131 may be brought or continued against the personal representative of the tort feasor or other person liable. Where a thing in action arises simultaneously with or after the death of the tort feasor or other person who would have been liable if his death had not occurred simultaneously with the act, omission, circumstance, or event giving rise to such thing in action, or had not intervened between the wrongful act, omission, circumstances, or event and the coming into being of the thing in action, an action to enforce such thing in action may be maintained against the personal representative of such tort feasor or other person. Nothing in this section shall be construed as authorizing the transfer of any thing in action arising out of any tort against the person. "§ 374. Survival of thing in action after death of person injured "No thing in action sounding in tort, arising after the date of enactment of this section, shall be lost because of the death of the person in whose favor the thing in action arose. On any such thing in action an action may be brought or continued by the personal representative of the deceased person. The damages recovered in any action under this section shall form a part of the estate of the deceased. No thing in action for damages caused by any injury or wrong to a third person shall be lost because of the death of such third person. If an action be brought for physical injuries to a person, and a separate action be brought for his wrongful death arising out of the same wrongful act, omission, circumstance, or event, such actions shall be consolidated for trial on the motion of any interested party: Provided, however, That the award of damages appertaining to physical injuries shall not include prospective profits or earnings after the date of death of the person injured. Nothing in this section shall be construed as authorizing the transfer of any thing in action arising out of any tort against the person." Approved August 23, 1954.

Public Law 636 August 23, 1954 [S.1184]

Certain State Department certifying officers.

AN ACT

n M ^^t CHAPTER 840

To authorize relief of authorized certifying officers from exceptions taken to payments pertaining to terminated war agencies in liquidation by the Department of State.

Be it enacted by the Senate and House of Representatives of the United States of AnieHca in Congress assembled, That the Comptroller General of the United States is authorized and directed to allow credit in the accounts of authorized certifying officers of terminated war agencies, in process of liquidation by the Department of State at the time of the enactment of this Act, for the amounts of suspensions and disallowances, which have been, or may be, raised by the General Accounting Office on account of payments made in accordance with vouchers certified by such certifying officers: Provided, That the Secretary of State or his authorized representative shall certify that in his opinion there is no evidence of fraud or collusion on the part of the certifying officers in connection with the payments.

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