Chap. 100.—An ACT to amend and re-enact Sections 6016 as amended, and 6133
of the Code of Virginia, relating to affidavits and accounts in warrants and in
actions of assumpsit. [S B 107]

Approved March 6, 1946

Be it enacted by the General Assembly of Virginia:

1, That sections sixty hundred sixteen as amended and sixty-one
hundred thirty-three of the Code of Virginia be amended and re-enacted,
as follows: ,

Section 6016. If the warrant be upon an account or contract, ex-
press or implied, for the payment of money, affidavits may be made and
like proceedings had, as 1s provided by section sixty-one hundred thirty-
three, in an action of assumpsit.

Section 6133. When, in action of assumpsit, no plea in bar to be
received, or inquiry of damages made, unless defendant file with plea
affidavit denying plaintiff's claim, but judgment given therefor.—In an
action of assumpsit on a contract, express or implied. for the payment of
money (except where the process to answer the action has been served
by publication), if the plaintiff file with his declaration an affidavit made
by himself or his agent, stating therein to the best of the affant’s belief
the amount of the plaintiff's claim, that such amount is justly due, and the
time from which the plaintiff claims interest, and shall serve the defend-
ant, at the same time and in the same manner that the process of sum-
mons to commence the suit or action is served, with a copy of such af-
fidavit, together with a copy of the account (when an account is filed
with the declaration), no plea in bar shall be received from a defendant
sued in his own right, either at rules or in court, unless the defendant
files with his plea the affidavit of himself or his agent, that the plaintiff
is not entitled, as the afhant verily believes, to recover anything from the
defendant on such claim, or stating a sum certain less than that set forth
in the affidavit filed by the plaintiff, which, as the afhant verily believes,
is all that the plaintiff is entitled to recover from the defendant on such
claim. If such plea and affidavit be not filed by the defendant, there
shall be no inquiry of damages, but judgment shall be for the plaintiff
for the amount claimed in the affidavit filed with his declaration. If such
plea 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 filed by the plaintiff, judgment may be taken by the plain-
tiff for the sum so admitted to be due, and the'case be tried as to the
residue.