Chap. 365.—An ACT to amend and re-enact Section 5108 of the Code of Virginia,
as heretofore amended, relating to orders of publication in certain divorce suits,
so as to provide an additional ground for the entry of an order of publication
and to validate certain divorces, granted in cases where the defendant was pro-
ceeded against by order of publication. (H B 462]

_ Approved March 30, 1940 .

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

Section 5108. Order of publication against non-resident de-
fendant.—When in a suit for divorce, either a vinculo matrimonii or
a mensa et thoro, affidavit shall be filed that the defendant is not a
resident of the State of Virginia, or that diligence has been used by
or on behalf of the plaintiff to ascertain in what county or corporation
such defendant is, without effect, 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 ap-
plication, 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 and in suits in which
the defendant was proceeded against by an order of publication issued
on an affidavit that diligence had been used by or on behalf of the
plaintiff to ascertain in what county or corporation such defendant
was, without effect, 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.