Chap. 439.—An ACT to amend and re-enact section 6046 of the Code of
Virginia. [H B 212}
Approved March 27, 1922.

1. Be it enacted bv the general assembly of Virginia, That sec-
tion six thousand and fortv-six of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 6046. Remedv bv motion after fifteen davs’ notice. in
lieu of action at law: when notice to be returned to clerk’s office:
rules applicable to—Any person entitled to maintain an action at
law mav. in lieu of such action at law. proceed by motion before anv
court which would have jurisdiction of such action, after not less than
fifteen days’ notice, which notice shall be in writing, signed by the
plaintiff or his attorney, and shall be returned to the clerk’s office of
such court within five days after service of the same, and when so re-
turned shall be forthwith filed and the date noted thereon, and shall be
docketed on the return day thereof. But the notice shall not be sent
out of the county or city in which the judgment is to be asked except
in those cases in which process cam be so sent out under the provisions
of section six thousand and fifty-five and six thousand and fifty-six.
The return day of a notice under this section shall not be more
than ninety days from its date, unless the commencement of the next
succeeding term of court be more than ninety days from such date,
in which case the return day may be some day of such term.

The defendent may make the same defenses to the notice as to a
declaration in any action at law, and in the same manner, or he mav
state his grounds of defense informally in writing, and in the latter
event the parties shall be deemed to be at issue on the grounds stated
without replication or other pleading on the part of the plaintiff. No
plea in abatement under this section shall be received after the defen-
dant has demurred, pleaded in bar or filed such statement of his
gromnds of defense. |

If the motion be upon an account, the plaintiff shall file with the
notice an account, stating distinctly the several items of his claim,
unles they be plainly described in the notice, and if the plaintiff file
with such account an affidavit ‘such as is prescribed bv section sixty-
one hundred and thirty-three, on the part of the plaintiff in an action
of assumpsit, no plea 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 nart of the defen-
dant in an action of assumpsit. If such plea and affidavit be not filed
by the defendant, the plaintiff shall, upon motion made in open court,
be entitled to a judgment for the amount claimed in the affidavit
filed with his notice. and no further proof of the nlaintiff’s claim
shall be necessary. If such plea or defense and affidavit be filed and
the affidavit admits that the plaintiff is entitled to recover from the
defendant a sum certain less than that stated in the affidavit by 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.

Upon any motion under this section 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.