Chap. 18.—An ACT to amend and re-enact section 3211 of the Code of Vir-
ginia, as amended by an act approved March 14, 1912. (H. B. 25.)

Approved February 27, 1914.

1. Be it enacted by the general assembly of Virginia, That
section thirty-two hundred and eleven of the Code of Virginia, as
amended by an act approved March fourteenth, nineteen hundred
and twelve, be amended and re-enacted so as to read as follows:

Sec. 3211. Any person entitled to recover money, damages or
a penalty in an action at law may, on motion before any court
which would have jurisdiction of such action, obtain judgment for
such money, damages or penalty after fifteen days’ notice, 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 decketed. If both damages and a penalty
ure recoverable in a single action under section twenty-nine hun-
dred of the Code, as amended by the act of March twenty-eight,
nineteen hundred and two, they may be recovered on a single mo-
tion under this section; provided, that in such cases as are men-
tioned in section thirty-two hundred and twenty-seven of the Code
of Virginia, the notice shall be served twenty-five days before the
day set for motion.

If the motion be upon an account, the plaintiff shall file with
his notice an account, stating distinctly the several items of his
claim, unless they be plainly described in the notice, and if the
plaintiff file with such an account an affidavit such as is prescribed
by section thirty-two hundred and eighty-six of the Code, on the
part of the plaintiff in an action of assumpsit, no pleas in bar or
defense to the merits shall be received on the part of the defendant
unless accompanied by such affidavit, as is prescribed by the last
mentioned section on the part of the defendant in an action of as-
sumpsit. If such plea or defense and affidavit be filed by the de-
fendant, and the affidavit admits that the plaintiff is entitled to
recover from the defendant a sum less than that stated in the affi-
davit for the plaintiff, judgment may be taken by the plaintiff for
the sum so admitted to be due, and the case be tried as to the
residue. Any person, other than the plaintiff or defendant, making
an affidavit under this section shall be deemed to be agent of the
plaintiff or defendant, as the case may be, until the contrary is
made to appear.

And upon any motion under this act the same rules shall apply
with reference to bills of particulars and grounds of defense, as
are now provided by law in other actions or motions.

All acts and parts of acts inconsistent with this act are hereby
repealed.