Chap. 357.—An ACT to Amend Section 10, Chapter 170 of the Code (1860),
with regard to Order of Publication.

Approved October 31, 1870.

1. Be it enacted by the general assembly, That the tenth
section of chapter one hundred and seventy of the Code of
Virginia (eighteen hundred and sixty), be amended and re-en-
acted so as to read as follows:

Ҥ 10. On affidavit that a defendant is not a resident of this
state, or that diligence has been used by or on behalf of the
plaintiff to ascertain in what county or corporation he is, with-
out effect, or that process, directed to the officer of the county
or corporation in which he resides, or is, has been twice de-
livered to such officer more than ten days before the return
day, and been returned without being executed, or that the
defendant in a suit for a divorce from the bond of matrimony
is under sentence to confinement in the penitentiary, an order
of publication may be entered against such defendant; and in
any suit in equity, when the bill states that the names of any
persons interested in the subject to be divided or disposed of
are unknown, and makes such persons defendants by the gene-
ral description of parties unknown, on affidavit of the fact that
the said names are unknown, an order of publication may be
entered against such unknown parties. Any order under this
section may be entered either in court or by the clerk of the
court at any time in vacation. In a proceeding by petition,
there may be an order of publication in like manner as ina
suit in equity.”

2. This act shall be in force from its passage.