Chap. 263.—An ACT to amend and re-enact section 3370 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 of the Code of Virginia be amended
and re-enacted so as to read as follows:

§3370. Interrogatories to adverse party or claimant; when and how
filed ; how answers thereto enforced ; how used as evidence.—In a case at
law a party may file in the clerk’s office, and, in a case or matter before
2 commissioner of a court, any person interested may file with such
commissioner interrogatories to any adverse party or claimant. The
clerk or commissioner shall issue a summons, directed as prescribed in
section thirty-two hundred and twenty, requiring the officer to summon
the proper party to answer said interrogatories, and make return
thereof within such time, not exceeding sixty days, as may be prescribed
in the summons. With the summons there shall be a copy of the inter-
rogatories, which shall be delivered to the person served with the sum-
mons at the time of such service; if the summons be against the 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 pro-
cess 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 interrogatories are relevant, and such as the person
to whom they are propounded would be bound to answer upon a bill for
discovery, and sees also that the interrogatories have not been unreason-
ably delayed, it may, if the said person do not in a reasonable time file
answer thereto, upon oath, or, if he file answers which are evasive, attach
him and compel him to answer in open court, or to answer more ex-
plicitly. It may also, if it see fit, set aside a plea of his, and give judg-
ment 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. Answers to such interrogatories may be used as
evidence at the trial of the cause, in the same manner and with the same
effect as if obtained upon a bill of discovery. (Code eighteen forty-nine,
page six hundred and sixty-seven, chapter one hundred and seventy-six,
section thirty-eight. )