Chap. 110.—An ACT to amend and re-enact section 3211 of the code of Virginia
in relation to the remedy by motion for judgment after fifteen days’ notice on
contracts generally.

Approved January 23, 1896.

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

§ 3211. Any person entitled to recover money by action on any
contract, may, on motion before any court which would have juris-
diction in an action, otherwise than under section thirty-two hundred
and fifteen, obtain judgment for such money after fifteen days’ no-
tice, which notice shall be returned to the clerk’s office of such court
within five days after the service of the same, and after such fifteen
days’ notice the motion shall be docketed. In the case of a motion
for judgment upon any contract upon which under the rules of plead-
ing, an action of assumpsit would lie, if the plaintiff shall serve the
defendant at the same time and in the same manner as the notice is
served, with a copy, certified by the clerk of the court to which the
notice is returnable, of the account on which the motion is to be
made, stating distinctly the several items of his claim, and the ag-
gregate amount thereof and the time from which he claims interest
thereon, and the credits, if any, to which the defendant may be en-
titled; and if the plaintiff file with his notice 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, judgment
shall be rendered by the court in which the motion is made for the
plaintiff for the amount claimed in the affidavit filed with his notice,
unless the defendant shall allege on oath of himself or his agent that
the plaintiff is not entitled, as the affiant verily believes, to reco-
ver anything from the defendant on such claim, or state, on such oath,
a sum certain, less than that set forth in the affidavit filed by the plain-
tiff, which, as the affiant verily believes, is all that the plaintiff is
entitled to recover from the defendant on such claim. If the defen-
dant shall admit that the plaintiff is entitled to recover from the de-
fendant a sum certain less than that stated in the affidavit filed by
the plaintiff, judgment may be taken by the plaintiff for the sum ad-
mitted to be due, and the case be tried as to the residue. A motion
under this section which is docketed under section thirty-three hun-
dred and seventy-eight, shall not be discontinued by reason of no
order of continuance being entered in it from one day to another, or
from term toterm. This section shall not be construed as intended
to affect the remedy by motion given by the preceding section.

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