Chap. 264.—An ACT to amend and re-enact section 10 of chapter 166,
of the Code of 1873, in reference to orders of publication.

Approved April 2, 1877.

1. Beit enacted by the general assembly of Virginia, That
section ten of chapter one bundred and sixty-six, of the Code
of eighteen hundred and seventy-three, be amended: and re-
enacted so as to read as follows:

§ 10. On affidavit that a defendant is not a resident of this
state, or that diligence has been tsed by or on behalf of the
plaintiff to ascertain in what county or corporation he is,
without effect, or that process directed to the officer of the
county or corporation in which he resides, or is, has been
twice delivered 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 peniten-
tiary, an order of publication may be entered against such
defendant. And in any suit in equity where 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 gencral description of parties unknown,
on affidavit of the fact thut the said parties are unknown, an
order of publication may be entered against such unknown
parties. And in any suit in equity in which the numbor of
defendants, upon whom process has been executed, exceed
thirty, in which it appears to the court by the bill or other
pleading or exhibits filed, that the parties before the court
represent interests like the interests of those not served with
process, an order of publication may be entered against sugh
persons. Any order under this section may be entered either
in court, or by the clerk of the court, at any time in vaca-
tion, except in cases in which the number of parties exceeds
the number of thirty as aforesaid. In a proceeding by peti-
tion, there may be an order of publication in like manner as
in @ suit in equity.

2. This act shal] be in force from its passage.