1158                            LAWS OF MARYLAND                      [CH. 642

which the testator or intestate might have commenced and prose-
cuted, except actions of slander, provided, that if the death of the
testator or intestate shall have resulted from the wrong for which
any such personal action might have been commenced, than the
executor or administrator shall be entitled to recover the funeral
expenses of said testator or intestate, not to exceed, however, the
sum of one thousand dollars ($1,000.00), 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 maintained 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
administrator must be commenced within six calendar months after
the date of the qualification of the executor or administrator of the
testator or intestate; except that such action against the estate of a
testator or intestate may be instituted after the expiration of six
months but within the statute of limitation in the event the deceased
was covered by an existing insurance policy at the time of the occur-
rence, the existence of such insurance coverage not being admissible
at the trial of the case and the recovery in the event of a judgment
against the estate to be limited to the extent of such existing in-
surance. THE PROVISIONS AS TO SUCH TIME FOR FILING OF
A SUIT SHALL BE DEEMED TO ALSO PERMIT CLAIMS MADE
AGAINST THE UNSATISFIED CLAIM AND JUDGMENT FUND
OF THE STATE OF MARYLAND, IN THE EVENT SUCH CLAIM
COULD OTHERWISE LEGALLY BE MADE.

SEC. 2. AND BE IT FURTHER ENACTED, THAT SECTION 1
OF ARTICLE 67 OF THE ANNOTATED CODE OF MARYLAND
(1957 EDITION), TITLE "NEGLIGENCE CAUSING DEATH,"
BE AND IT IS HEREBY REPEALED AND RE-ENACTED, WITH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 ACTION AND RECOVER DAM-
AGES IN RESPECT THEREOF, THE VESSEL OR PERSON WHO
WOULD HAVE BEEN LIABLE IF DEATH HAD NOT ENSUED,
OR THE EXECUTOR OR ADMINISTRATOR OF THE SAID PER-
SON 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 CIRCUM-
STANCES AS AMOUNT IN LAW TO FELONY AND IF
DEATH ENSUES AS A RESULT OF WRONGFUL ACT, NEG-