Chap. 73.—An ACT to amend and re-enact section 3286 of the Code of
Virginia, providing when, in an action of assumpsit, no plea to he
received, or inquiry of damages made unless defendant file with plea
affidavit denying plaintiff’s claim, but judgment given therefor.

(S. B. 120.)
Approved February 29, 1916.

1. Be it enacted by the general assembly of Virginia, That
section thirty-two hundred and eighty-six of the Code of Vir-
ginia, be and the same hereby is amended and re-enacted so as
to read as follows: -

3286. In an action of assumpit on a contract, express or
implied, for the payment of money (except where the process
to answer the action has been served by publication), if the
plaintiff file with his declaration an affidavit made by himself
or his agent, stating therein to the best of the affiant’s belief, the
amount of the plaintiff’s claim, that such amount is justly due,
and the time from which the plaintiff claims interest, and shall
serve the defendant, at the same time and in the same manner
that the process or summons to commence the suit or action is
served with a copy of such affidavit certified by the cierk of the
court in which the suit or action is brought, together with a copy
of the account (when an account is filed with the declaration),
no plea in bar shall be received in the case, either at rules or in
court, unless the defendant files with his plea the affidavit of
himself or his agent, that the plaintiff is not entitled, as the af-
fiant verily believes, to recover anything from the defendant on
such claim, or stating a sum certain less than that set forth in
the affidavit filed by the plaintiff, which, as the affiant verily
believes, is all that the plaintiff is entitled to recover from the
defendant on such claim. If such plea and affidavit be not filed
by the defendant, there shall be no inquiry of damages, but judg-
ment shall be for the plaintiff for the amount claimed in the af-
fidavit filed with his declaration. If such plea and affidavit be
filed, and the affidavit admits that the plaintiff is entitled to re
cover from the defendant a sum certain less than that stated in
the affidavit filed by the plaintiff, judgment may be taken by the
plaintiff for the sum so admitted to be due, and the case be tried
as to the residue.