Chap. 54.—An ACT to amend and reenact section 3232 of the Code of Vir-
ginia in relation to orders of publication and the publication of copies of
process and notices.

Approved February 27, 1906.

1. Be it enacted by the gencral assembly of Virginia, That section
thirty-two hundred and thirty-two of the Code of Virginia be amended
and re-enacted so as to read as follows:

$3232. Within what time after publication case tried or heard; no
other publication required unless ordered by court; when notice, and of
what to be given to counsel; provision for personal service of process,
etcetera, on non-residents ; effect thercof; the return to be made in such
case,

When such order shall have been so executed, or when a copy of any
process, or of a notice beginning any action, shall have been published as
provided by any section of this chapter, if the defendants against whom it
is entered, or published, or the unknown partics, shall not appear within
fifteen days after the completion of the execution of such order, or the ex-
piration of the four weeks required for the completion of such publica-
tion, the case may be tried or heard as to them, and no other publication,
or notice, shall be thereafter required in any proceeding in court, or be-
fore a commisioner, or for the purpose of taking depositions, unless spe-
cially ordered by the court as to such defendants or unknown parties; but
if they shall be represented by counsel residing in this State, of record or
known to the plaintiff, reasonable notice of any proceeding before a com-
missioner, or of the taking of depositions, shall be given to such counsel,
or any of them, if there be more than one. Personal service of the sum-
mons, scire facias, or notice, may be made by any person not a party to or
otherwise interested in the subject matter in controversy, on a non-resi-
dent defendant out of this State. which service shall have the same effect.
and no other as an order of publication duly executed, or the publication
of a copy of process or of notice under this chapter, as the case may be.
In such case the return must be made under oath, and must show the time
and place of such service, and that the defendant so served is a non-resi-
dent of this State. Upon any trial or hearing under this section such
judgment. decree or order shall be entered as may appear just.