Chap. 262.—An ACT to amend and re-enact section 3371 of the Code of
Virginia.

Approved March 16, 1910.

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

§3371. When and how production of book accounts or other writing
compelled.—In any case at law a party may file in the clerk’s office, and in
any case or matter before a commissioner of a court any person inter-
ested may file with such commissioner, an affidavit, setting forth that
there is, he verily believes, a book of accounts or other writing in pos-
session of an adverse party or claimant containing material evidence for
him, specifying with reasonable certainty such writing or the part of such
book. The clerk or commissioner shall issue a summons, directed as
under the preceding section, requiring him to summon the proper party
to produce such writing, or an exact copy of such part of the said book,
and make return thereof as under that section. With the summons there
shall be a copy, of the affidavit, which shall be delivered to the person
served with the summons at the time of such service; if the summons be
against a plaintiff, who is not a resident of this State, or a defendant
who is not a resident of this State, but who has appeared in the case or
been served with process in this State, the service may be on his attorney-
at-law. When the court in which the case is, or whose commissioner
issued the summons, is satisfied that the person filing such affidavit has
no means of proving the contents of such writing, or of such part of the
book, but by the person summoned producing what is required by the
summons, and that the same is relevant and material, and sees also that
the call therefor has not been unreasonably delayed, it may, unless the
person summoned shall, in a reasonable time, either produce what it so
required, or answer in writing, upon oath, that he has not under his
control such book or writing, or any of the like import, attach him and
compel him to do the one or the other. It may also, if it see fit, set aside
a plea of such person, and give judgment against him by default, or, if he
be plaintiff, order his suit to be dismissed, with costs, or, if he be
claiming a debt before a commissioner, disallow such claim. (Code
eighteen forty-nine, page six hunderd and sixty-eight, chapter one hun-
dred and seventy-six, section thirty-nine. )