Chap. 621.—An ACT to provide that if the plaintiff in a warrant upon a contract
of such nature that an action of assumpsit would lie on same shall have served
with the warrant a copy of his account, verified by affidavit, he shall have
judgment forthe amount of said account, unless the defendant shall deny, under
oath, that the account is due; and if defendant deny only part of the account
he shall have judgment as to the residue, and case be tried as to the part so
denied.

Approved March 1, 1898.

1. Be itenacted by the general assembly of Virginia, That in any
case of a warrant for a judgment on any contract which is of such na-
ture that, under the rules of pleading, an action of assumpsit would lie,
if there shall be served on the defendant, along with the warrant, a
copy of the account on which the warrant is brought, stating distinctly
the several items of the claim, the averegate amount thereof, the time
from which interest is claimed, and the. credits, if any, to which the
defendant may be entitled, which account shall be verified by the afh-
davit of the plaintiff or his agent, judgment shall be rendered by the
justice in favor of the plaintiff for the amount, with interest, claimed in
the said account, unless the defendant shall allege, on the aflidavit of
himself or his agent, that the plaintiff is not entitled, as the affiant
verily believes, to recover anything from the defendant on such account;
or state, on such oath, a sum certain, less than that set forth in the
account served with the warrant, which, as the athant verily believes, is
all that the plaintiff is entitled to recover from the defendant. If the
defendant shall admit that the plaintiff is entitled to recover from the
defendant a sum certain, less than the amount stated in the account
served with the warrant, judgment may be taken by the plaintiff for the
sum admitted to be due, and the case tried as to the residue.
2. This act shall be in force from its passage.