1146 LAWS OF MARYLAND. [CH. 468
"Testamentary Law", sub-title "Debts", be and they are
hereby repealed and re-enacted, with amendments, to read
as follows:
1. Whenever 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 to maintain an ^ction and
recover damages in respect thereof, the person who would
have been liable if death had not ensued, or the executor or
administrator of the said person who would have been
liable in case of the death of the said person who would
have been liable, shall be liable to an action for damages,
notwithstanding the death of the person injured, and
although the death shall have been caused under such
circumstances as amount in law to felony; provided, how-
ever, that any such action against the executor or admin-
istrator or the said person who would have been liable
shall be commenced within six calendar months after the
date of the qualification of the executor or administrator
of the said person who would have been liable.
109. Executors and Administrators shall have full
power to commence and prosecute any personal action
whatever, at law or in equity, which the ^testator or
intestate might have commenced and prosecuted, except
actions of slander, provided, that if the death of the tes-
tator or intestate shall have resulted from the wrong for
which any such personal action might have been com-
menced, then the Executor or Administrator shall be
entitled to recover the funeral expenses of said testator
or intestate, not to exceed, however, the sum of Three
Hundred Dollars ($300. 00), in addition to any other
damages recoverable in such actions; and they shall be
liable to be sued in any court of law or equity, in any
action (except slander) which might have been main-
tained against the deceased; and they shall be entitled to
and answerable for costs in the same manner as the
deceased would have been, and shall be allowed for the
same in their accounts, if the court awarding costs against
them shall certify that there were probable grounds for
instituting, prosecuting or defending the action on which
a judgment or decree shall have been given against them;
provided, however, that any such action for injuries to the
person to be maintainable against an executor or admin-
istrator must be commenced within six calendar months
after the date of the qualification of the executor or
administrator of the testator or intestate.
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