Chap. 58.—An ACT to amend and re-enact Section 5108 of the Code of Vir-
ginia, relating to orders of publication in certain divorce suits, so as to
change the time when depositions may be commenced, and to validate certain
divorces granted in cases where the defendant was proceeded against by
order of publication. [fH B 57]

Approved March 4, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion fifty-one hundred and eight of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 5108. Order of publication against non-resident defen-
dant—When in a suit for divorce, either a vinculo matrimonti or a
mensa et thoro, affidavit shall be filed that the defendant is not a resi-
dent of the State of Virginia, an order of publication shall be entered
against said defendant, by the clerk of the court wherein such suit
is pending, either in term time or vacation, which order shall state the
object of the suit and the grounds thereof, as shown by said application,
and said order of publication shall be published as required by law.
No depositions in said suit shall be commenced until at least ten days
shall have elapsed after said order of publication shall have been duly
published as required by law.

All divorces heretofore granted in suits in which the defendant
was proceeded against by an order of publication which required the
defendant to appear within ten days after due publication thereof, and
in which depositions were taken less than fifteen days, but not less
than ten days, after such due publication, are hereby validated and
declared to be binding upon the parties to such suit, where the other
proceedings therein were regular, and the divorce otherwise valid.