Chap. 311.—An ACT to amend and re-enact section 3451 of the code of Virginia,
in relation to the correction of errors in judgment or decrees by default so as
to require written notice of the motion.

Approved February 20, 1894.

1. Be it enacted by the general assembly of Virginia, That section
thirty-four hundred and fifty-one of the code of Virginia be amended
and re-enacted so as to read as follows:

§ 3451. Error in judgment or decree; when by default, may, on
motion, be corrected in same court, and in other cases by same court
or judge ; when there is something in record by which to amend or
excess, may be released; within what time motion to be made.—The
court in which there is a judgment by default or a decree on a bill
taken for confessed, or the judge of said court in vacation thereof,
may, on motion, reverse such judgment or decree for any error for
which an appellate court might reverse it, if the following sec-
tion was not enacted and give such judgment or decree as ought
to be given. And the court in which is rendered a judgment or de-
cree in a cause wherein there is in a declaration or pleading, or in
the record of the judgment or decree, any mistake, miscalculation or
misrecital of any name, sum, quantity or time, when the same is
right in any part of the record or proceedings, or when there is any
verdict, report of a commissioner, bond or other writing whereby such
judgment or decree may be safely amended, or in which a judgment
is rendered on a forthcoming bond for a sum larger than by the exe-
cution or warrant of distress appears to be proper, or on a verdict in
an action for more damages than are mentioned in the declaration,
or in the vacation of the court in which any such judgment or de-
cree is rendered, the judge thereof may, on the motion of any party,
amend such judgment or decree according to the truth and justice
of the case; or in any such case the party obtaining such judgment
or decree may in the same court, at any future term, by an entry of
record, or in the vacation, by a writing signed by him, attested by
the clerk and filed among the papers of the cause, release a part of
the amount of his judgment or decree, and such release shall have
the effect of an amendment, and make the judgment or decree ope-
rate only for what is not released. Every motion under this chapter
shall be after reasonable written notice to the opposite party, his
agent or attorney in fact or at law, and shall be within three years
from the date of the judgment or decree.

2. This act shall be in force from its passage.