The Montgomery advertiser., 1906-12-17

the personal representative; but did not provide that an action by the pre- sonal representative is q bar to an ac- ton by the parent: consequently, IL is not certain whether one or two actions can be brought under this sec ton: one by the personal represen- tative and one by the parent, provided the personal representative sue first The Supreme Court has held that in an action by the parent under this sec tion,. the damages are compensatory merely, see Williams vs. :. and N. R. R. Co., 91 Ala. 635; though they nave uniformly held that where the person. al representative sues for the wrongful death of a minor that the damages are compensatory. It is the opinion 0t the commissioner that the decision iu Williams case above Is an oversight and that the damages under this sec- ton are punitive and not compensa- tory. whether brought by the parent or the personal representative. The language as to damages in this section is such damages as the jury may as~ sess," which is identical with the same language used in section 1906 (27). and. as this section is more recently enact ed than section 1908 (2T). 1t is evil dent that this expression was taken from section 1906 (27),, and as 1t had had judicial construction uniformlly and had been codihed and re-enacted after the construction. 1t would seem certain that the Legislature or the Code Commissioner intended that the dam ages under section 1905 t26). should be punitive and not compensatory. It has been informally held that the damages under section 1904 (25). to the parent are compensatory, and 1t has been like wise uniformally held that the adama- ges under section 1906 (2D, are pun itive, and as the language as to the damages Is identical with that of sec- tion 1908 (27), 1t would seem to be that the damages under section 1905 (26D. are punitive and not compensatory, This would also seem to follow from the fact that an action by the par ent Is made a bar to an action by the personal representative; if the dama- ges under the one are compensatory and under the other punitive, they would be different actions and 1t would seem there would be no reason to make ore a bar to the other, and as the par ents now inherit or take by descent from the child who dies without issue. it would follow that the distribution of the damages recoverable from the wrongful death of the minor would be the same whether the action was brought by the parent or the personal representative It was also certain ly never intended that the personal representative should bring an action under section 1905 (2s), for the wrong full death of the minor and also the parent an action under section 1906 (27), for the wrongful death; conse- duently, this section was rewritten with the view of allowing either the parent of personal representative to sue, but to give preference or prior by either a bar to an action by the other, and also bar to an action un- der section 1908 (27).
 Section 1907 Is a new section which provides an action and remedy in favor of persons injured to recover damages for creating or carrying on unlawful trusts, combines or monopo~ lies; such trusts, combines and monop- olies have always been unlawful in this St4te, we have had civil and crim- inal statutes against the formation or continuation. This section simply pros vides an action and remedy to recover damages ih such cases and provides 8 penalty in such cases
 Section 1908 simply fixes the venue
 Section 1908 t2s) The title of this section is merely rewritten so as to better indicate the contents.
 Section 1914 (s4) The word "suc- cesslve" in the caption Of the section
 Article 7-~Abatement Survival and Revival of Actions 1915-tS2t
 The title of this article Is new; lt is a mere collection of the statutes revival of actions; there is no change in the subject matter of any of the sec~ tions. ..
 Article s-Discontinuance of Actions 1922. The title is new, but the sub stance is unchanged.
 Article s.--Joint ana Several Actions 1s23-1925. The title of this article is new.
 Section 1925 is new; 1t is merely dc. claratory of the law as it Is now and has always existed in this State.
 Article 10-Partnerships. Actions Against 1926 The title merely Is new the subject-matter is unchanged.
 Chapter 40. Administration of Estates.
 1027-22Ss.
 This chapter is sub-dlvided into thirty-six articles; heretofore it was divided into thirteen articles; the sub ject-matter, however, Is not changed very greatly from that of the Code oF 1898. with the exceptions hereinafter
 Article i. Grant of Letters Test amentary. 1927-19Ss is unchanged
 Article 2.-Grant of Letters of Ad" ministration. 19S9-l951.
 Section 194e (G2). The words 'ad col. ligendum" are added to caption or section. title of section rewritten.
 Section 1850 (7D, The word pro bate" in line four Is omitted so that letters granted by any court Is conclu- sive as well as those granted by pro- D&Ie court CnbncGTy NOuEI AdNln6 beGh given power to grant letters since this section was originally written.
 Article 3. Appointment of Executors and Administrators After Resignation, Representative. 1s52-1s54 The title of this article and sections or. matter con stitutlng t are unchanged; geddo;,o, .ar,, istrators. 1955-l959. The title of this
 section 1855 (69). The caption of this section rewritten but subject matter
 Article 5. Bonds of Executors and Administrators. 1960-1975. The title of this article is new; sections and sub ject matter unchanged. All the mat ter of this chapter pertaining to the bonds of personal representatives was collected from the various articles as formerly codtfed, which together con section sest srl' 1887 (9O). The phrase. "it shall be the duty of the court to give the executor or administrator notice" Is rewritten to simply provide that tae ministrator notice, which merely changes the phraseology without af- fecting the sense. ment as Executors and Administrators. 1976-19S6. The title of this article Is new and subject t-matter thereto is not 
 Article '. Removal of Executors and Proceedings to Require New or Addi- tional Bond. 19S6-1995. Only the title of this article Is new, the subject
 Article 8. Resignation of Executors or Administrators. 1996-199S, Title of this article is now; the subject matter
 Article g. Collection, Inventory and of Personal Property of decedent. 1999-2005. The title of this article is new, but the subject matter
 Article 10. Notice of Appointment of