Chap. 56.—An ACT to amend and re-enact section 2942 of the Code of Virginia,
in relation to how and when warrant tried and judgment given, and in relation
to how a justice may associate justices with him, and whose opinion to prevail.

Approved March 8, 1904.

1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and forty-two of the Code of Virginia, eighteen
hundred and eighty-seven, be amended and re-enacted so as to read as
follows :

§ 2942. The justice shall try such warrant according to the principles
of law and equity, and give judgment for the sum due to either party,
with interest, or for the property to which the plaintiff is entitled (or its
value), with damages, and costs shall be awarded or refused to either
party on like principles: provided, that in the trial of all civil warrants
upon affidavit of the defendant, at any time before trial, that he verily
believes he cannot obtain justice from the justice of the peace who issued
said warrant and before whom it is returnable, the said justice of the
peace who issued said warrant shall associate with himself two other
justices of the peace of the county, who shall try said warrant, and in case
of disagreement in opinion, the opinion of the majority shall prevail:
provided, further, that no such trial shall be had within five days after
the service of the warrant, except with the consent of the parties.