Page:United States Statutes at Large Volume 76A.djvu/185

–89– -89§ 422. Transfer and survivorship The owner of a thing in action arising out of the violation of a right of property, or out of an obligation, may transfer it. Upon the death of the owner it passes to his personal' representatives, except where, in the cases provided by Title 7, it passes to his devisees or successor in office. § 423. Survival of thing in action after death of tort feasor or other person liable (a) A thing in action sounding in tort is not lost because of the death of the tort feasor or other person liable. An action thereon may be brought or continued against the personal representative of the deceased person, but punitive or exemplary damages may not be awarded nor penalties adjudged in the action. This section extends to a thing in action for wrongfully causing death arising pursuant to section 126 of Title 5, and an action pursuant to that section may be bought or continued against the personal representative of the tort feasor or other person liable. (b) 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 (1) occurred simultaneously with the act, omission, circumstance, or event giving rise to the thing in action; or (2) intervened between the wrongful act, omission, circumstance, or event and the coming into being of the thing in action, an action to enforce it may be maintained against the personal representative of the tort feasor or other person, § 424. Survival of thing in action after death of person injured (a) A thing in action sounding in tort is not lost because of the death of the person in whose favor the thing in action arose. An action thereon may be brought or continued by the personal representative of the deceasetl person. The damages recovered in an action under this section shall form a part of the estate of the deceased. (b) A thing in action for damages caused by an injury or wrong to a third person is not lost because of his death. (c) If an action is brought for physical injuries to a person, and a separate action is brought for his wrongful death arising out of the same wrongful act, omission, circumstances, or event, the actions shall be consolidated for trial on the motion of an interested party, but the award of damages appertaining to physical injuries may not include prospective profits or earnings after the date of death of the person injured. § 425. Transfer or assignment of actions under sections 423 and 424 Sections 423 and 424 of this title do not authorize the transfer of a thing in action arising out of a tort against the person, but they do not preclude assignment pursuant to section 26 of the Federal Employees' Compensation Act (5 U.S.C. sec. 776), by beneficiaries under that Act or their legal representatives, of causes of action saved by those sections. Subchapter III—Products of the Mind § 441. Ownership; composition in letters or art; invention or design (a) The author or proprietor of a composition in letters or art has an exclusive ownership in the representation or expression thereof as against all persons except one who originally and independently creates the same or a similar composition. (b) The inventor or proprietor of an invention or design, with or without delineation, or other graphical representation, has an exclu-

�