E E {style of office). [Seal.]

B®" The foregoing is the form usually employed ; the following
is preferred by the author :

State of Virginia, County, to wit :

This day personally appeared before me the undersigned
[here state' name and style of officer], A B, plaintiff in a certain
action of , instituted by him against one D, defendant,

which action or suit is now pending in the court of

county ; that the said defendant owed and still owes to him the
said affiant, the sum! of $ , hy open account (or myte or single

bill, as the case may be), for which he hath instituted said action,
and that he hath just, claim against the said defendant for the said
sum of money, with interest thereon at the rate of six per centum
per annum from the day of , to recover which, said ac-

tion has been instituted against the said C D ; and affiant further
made oath that the said defendant has [if any facts be known to
affiant showing an intention to quit the state, here recite them],
and that he the said affiant has probable cause for believing, and
that he does believe, that the said D, defendant, is about to quit
this State, unless he the said C D be forthwith apprehended. Given
under my hand and seal this day of 18.
[Sea,l.]

If an action of detinue, or of trover, the affidavit should be
modified according to the nature of the case.
See post., title Action at Law. •



III.
AGREEMENTS.
Agreement for the sale of goods at a price to he ascertained by
" appraisement.
