ney at law in any case in any court of which such clerk, sheriff, or sergeant is a member or officer, or if any clerk of a county court or any deputy of such clerk shall act as attorney at law in any case in the circuit court of the county of which he is the clerk or deputy, or if any clerk of a circuit court or any deputy of such clerk shall act as attorney at law in any case in the county court of the county of which he is such clerk or deputy he shall forfeit one hundred dollars. Sec. 3201. [87 Va. 1; 89 Va. 113.] As Amended 1889-90, p. 51. CHAPTER CLV. OF THE ATTORNEY-GENERAL. Sec. 3206. His office.-The governor shall assign to the attorney-general a room in the capitol for his office, or if that be not practicable the attorney-general is authorized to procure an office in the city of Richmond near the capitol, the rent of which shall be paid out of any money in the treasury not otherwise appropriated; provided, that the rent therefor shall not exceed four hundred dollars per annum. TITLE 48. PROCEEDINGS IN CIVIL CASES. As Amended 1895-6, p. 140. 90 Va. 778. 91 Va. 259, 583. 92 Va. 30. 93 Va. 584. 449 526, 612, 647, 913. 3 Va. L. R. 279. CHAPTER CLVI. OF NOTICES AND MOTIONS. Sec. 3207. [83 Va. 343, 423; 85 Va. 421; 86 Va. 232, 354; 89 Va. 645.] Sec. 3210. [92 Va. 177; 2 Va. L. R. 526, 647.] Sec. 3211. Remedy by motion after fifteen days' notice on contracts generally; when notice to be returned to clerk's office; provision to prevent discontinuance of motion.-Any person entitled to recover money by action on any contract may on motion before any court which 1 Va. L. R. 441, would have jurisdiction in an action otherwise than under section thirty2 Va. L. R. 437, two hundred and fifteen obtain judgment for such money 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 docketed. In the case of a motion for judgment upon any contract upon which under the rules of pleading an action of assumpsit would lie if the plantiff shall serve the defendant at the same time and in the same manner as the notice is served with a copy certified by the clerk of the court to which the notice is returnable of the account on which the motion is to be made, stating distinctly the several items of his claim and the aggregate amount thereof and the time from which he claims interest thereon and the credits if any to which the defendant may be entitled, and if the plaintiff file with his notice an affidavit made by himself or his agent, stating therein to the best of the affiant's belief the amount of the plaintiff's claim, that such amount is justly due, and the time from which the plaintiff claims interest, judgment shall be rendered by the court in which the motion is made for the plaintiff for the amount claimed in the affidavit filed with his notice unless the defendant shall allege on oath of himself or his agent that the plaintiff is not entitled, as the affiant verily believes, to recover anything from the defendant on such claim, or state on such oath a sum certain less than that set forth in the affidavit filed by the plantiff which, as the affiant verily believes, is all that the plaintiff is entitled to recover from the defendant on such claim. If the defendant shall admit 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 plaintiff for the sum admitted to be due and the case be tried as to the residue. A motion under this section which is docketed under section thirty-three hundred and seventy-eight shall not be discontinued by reason of no order of continuance being entered in it from one day to another or from term to term. This section shall not be construed as intended to affect the remedy by motion given by the preceding section. Sec. 3211 a. Remedy by motion for judgment in the county court 1897-8, p. 673. after ten days' notice whenever a person is entitled to recover money or specific personal property by action in the circuit court or by warrant before a justice of the peace where the claim exceeds twenty dollars and does not exceed one hundred dollars exclusive of interest.— Any person entitled to recover money or specific personal property by action in the circuit court or by warrant before a justice of the peace where the amount or the thing claimed exceeds in value twenty dollars and does not exceed one hundred dollars exclusive of interest may, on motion before the county court of the county in which a warrant might be brought under existing law, obtain judgment for such money or for such specific personal property after ten day's notice, which notice shall be returnable to the first day of the next term and shall upon being proved be docketed. Such motion shall not be discontinued by reason of no order of continuance being entered in it from day to day or from term to term. 2. In the case of a motion for a judgment under this act on any contract upon which under the rules of pleading an action of assumpsit would lie in the circuit court if the plaintiff shall serve the defendant at the same time and in the same manner as the notice is served with a copy of the account on which the motion is to be made, stating distinctly the several items of his claim and the aggregate amount thereof and the time from which he claims interest thereon and the credits if any to which the defendant may be entitled, and if the plaintiff shall file with his notice an affidavit made by himself or his agent stating therein to the best of affiant's belief the amount of the plaintiff's claim and that such amount is justly due and the time from which the plaintiff claims interest, judgment shall be rendered by the court in which the motion is made for the plaintiff for the amount with interest claimed in the affidavit filed with his notice unless the defendant shall allege on oath of himself or his agent that the plaintiff is not entitled, as the affiant verily believes, to recover anything from the defendant on such claims, or state on such oath a sum certain less than that set forth in the affidavit filed by the plaintiff which, as the affiant verily believes, is all that the plaintiff is entitled to recover from the defendant on such claim. If the defendant shall admit that the plaintiff is entitled to recover from the defendant a sum certain less than the amount stated in the affidavit filed by the plaintiff judgment may be taken by the plaintiff for the sum admitted to be due and the case be tried as to the residue. 3. The provisions of section three thousand two hundred and twelve and section three thousand two hundred and thirteen shall apply to this act. 4. This act shall not be construed as affecting any existing remedies by action or notice or by warrant before courts of record or before justices of the peace. 5. Either party may take an appeal from the county court to the circuit court in the same manner that an appeal may be taken from the judgment of a county court upon a warrant removed from a justice. Sec. 3212. [92 Va. 177.] Sec. 3213. [91 Va. 583.] CHAPTER CLVII. OF THE COUNTY OR CORPORATION AND COURT IN WHICH PROCEEDINGS ARE Sec. 3214. [87 Va. 629; 91 Va. 259.] Sec. 3215. [89 Va. 645; 91 Va. 259.] As Amended CHAPTER CLVIII. OF PROCESS AND THE ORDER OF PUBLICATION. Sec. 3220. [82 Va. 734; 89 Va. 645; 93 Va. 274, 433.] Sec. 3224. How summons in scire facias served; copy to be made 1891-2, p. 1083. out for defendant.-Any summons or scire facias may be served as a notice 83 Va. 343. 89 Va. 438. As Amended 1895-6, p. 445. Previous Amendment 1893-4, p. 614. 82 Va. 734. 83 Va. 512. 84 Va. 948. 92 Va. 201. is served under section thirty-two hundred and seven, except that when such process is against a corporation the mode of service shall be as prescribed by the following section; the clerk issuing such process unless otherwise directed shall deliver or transmit therewith as many copies thereof as there are persons named therein on whom it is to be served. Sec. 3225. On whom process against or notice to a corporation may be served.-Process against or notice to a corporation may be served as follows: If the case be against a city or town, on its mayor, recorder, or on any alderman, councilman, or trustee of such city or town; if against a bank, on its president, cashier, treasurer, or any one of its directors; if IV. L. R. 233, against a railroad company, on its president, cashier, treasurer, general 2 Va. L. R. 545. superintendent, or any one of its directors; if against some other corporation created by the laws of this state, on the president, rector, or other chief officer, cashier, treasurer, secretary, or any one of its directors, trustees, or visitors; if against a corporation created by some other state or country or in any case if there be not in the county or corporation wherein the case is commenced any other person on whom service can be aforesaid, on any agent of the corporation against which the case is (unless it be a case against a bank) or on any person declared by the laws of this state to be an agent of such corporation, and if there be no such agent in the county or corporation wherein the case is commenced and affidavit of that fact and that there is no person in said county or corporation on whom there can be service aforesaid, publication of a copy of the process or notice once a week for four successive weeks in a newspaper printed in this state shall be a sufficient service of such process or notice, except that in the case of an insurance company created by the laws of this state process or notice shall be directed to the sheriff or sergeant of the county or corporation wherein the chief office of such company is located; and in case of any insurance company or surety company not created by the laws of this state but doing business in this state, process or notice shall be served in the manner prescribed by sections twelve hundred and sixty-six and twelve hundred and sixtyseven chapter fifty-three of the code of Virginia. When the publication is of process it shall be made on an order directing the same in the case in which the process issues. The order may be entered either in court or by the clerk of the court at any time in vacation. 92 Va. 201. Sec. 3226. On whom served when corporation operated by trustee, As Amended 1893-4, p. 515. lessee, or receiver.-Where any corporation is operated by a trustee or 89 Va. 645. trustees for its own benefit or for the benefit of its creditors, or by a lessee or lessees, or by a receiver or receivers appointed by any court it shall be sufficient in any suit or proceeding against such corporation, its trustee or trustees, lessee or lessees, receiver or receivers to serve the process or notice on such trustee or trustees, lessee or lessees, receiver or receivers, or on any one of them, or any of their respective agents if none of said trustees or lessees or receivers reside in the county or corporation wherein the case is commenced. If there be no such agent or other person in the county or corporation in which the suit or other proceeding is commenced upon whom there can be service as aforesaid publication of the process or notice may be made as prescribed by the preceding section, and such publication shall be equivalent to personal service on such trustee or trustees, lessee or lessees, receiver or receivers. Sec. 3227. [89 Va. 645; 91 Va. 587; 92 Va. 201; 1 Va. L. R. 661.] Sec. 3232. [82 Va. 734; 89 Va. 645; 93 Va. 274.] Sec. 3233. [83 Va. 843; 90 Va. 647.] CHAPTER CLIX. OF THE RULES, PLEADINGS GENERALLY, AND JUDGMENTS IN THE OFFICE. Sec. 3243. [93 Va. 108.] Sec. 3244. [93 Va. 108.] Sec. 3246 a. In any case where an action of covenant will lie an 1897-8, p. 103. action of assumpsit may be brought.—In any case in which an action of covenant will lie there may be maintained an action of assumpsit. Sec. 3248. [88 Va. 122, 695; 91 Va. 438.] Sec. 3249. [91 Va. 259; 93 Va. 678.] 84 Va. 210. 91 Va. 259. Sec. 3251. Declaration on policy of insurance.-In an action on a As Amended policy of insurance no particular form of action or declaration shall be 1895-6, p. 707. necessary, but it shall be sufficient for the plaintiff to file a complaint in 86 Va. 811. writing at common law setting forth the grounds of his action and the relief prayed for and filing there with the original policy or a sworn copy thereof upon which his action is brought and the loss or death relied upon as the ground of his recovery and that he has performed all the conditions of 1897-8, p. 316. As Amended 1895-6, p. 453. Original Act 1893-4, p. 489. As Amended 91 Va. 259. said policy and violated none of its prohibitions, and in such complaint it shall not be necessary to set forth every condition or proviso of said policy nor to aver observance of or compliance therewith "seriatum,” but a general averment to that effect shall suffice. Such complaint shall be filed in the same court and at the same time at which a declaration in such cases is now required by law, and such action shall be matured in the same manner as at present. Sec. 3252. [93 Va. 138; 3 Va. L. R. 55.] Sec. 3253 a. To authorize the filing of a petition in a pending chancery cause in the clerk's office and to mature the same at rules.Any person who would be entitled to be admitted a party to a chancery cause pending in any court by leave of such court for the purpose of asserting a right or seeking releif therein may file a petition in the clerk's office of such court in vacation making all persons so affected by the relief prayed for in such petition, whether parties to the main cause or not, parties defendant, and to have issued thereon a summons to the said defendants, returnable to rules or to the next term, to answer the same. And said defendants may make any defence to such petition as they could have made if process had been awarded by a court by demurrer, plea, answer, or otherwise, filing the same at rules or at term. And when such petition shall have been matured depositions may be taken in relation to issues raised thereby. But a defendant to such petition shall have the same right to move to dismiss the same that he would have to resist an application to court for leave to file it. Sec. 3255. [83 Va. 81.] Sec. 3258 a. Power of the courts to order a suit in equity or action at law to abate as to any improperly joined plaintiff or defendant, and to proceed thereafter by or against the others as if such misjoinders had not been made, &c.-That whenever it shall appear in any action at law or suit in equity heretofore or hereafter instituted by the pleadings or otherwise that there has been a misjoinder of parties, plaintiff or defendant, the court may order the action or suit to abate as to any party improperly joined and to proceed by or against the others as if such misjoinder had not been made, and the court may make such provision as to costs and continuances as may be just. Sec. 3259. [88 Va. 648.] Sec. 3260. How and when exception to jurisdiction to be taken; when pleas in abatement filed.-Where the declaration or bill shows on its face proper matter for the jurisdiction of the court no exception for want of such jurisdiction shall be allowed unless it be taken by plea in abatement. 3 Va. L. R. 738, No such plea or any other plea in abatement shall be received after the defendant has demurred, pleaded in bar, or answered to the declaration or bill, nor after a decree nisi or conditional judgment at rules. 93 Va. 108. 873. 1893-4, p. 373. Sec. 3262. [85 Va. 421.] Sec. 3264. [88 Va. 517; 92 Va. 495; 1 Va. L. R. 836.] Sec. 3264 a. (When plea of infancy not allowed); the liability of infants for debts under certain circumstances.—If any minor now transacting business or who may hereafter transact business as a trader fail to disclose by a sign in letters easy to be read, kept conspicuously posted at the house wherein such business is transacted and also by a notice pub |