Chap. 508.—An ACT to amend and re-enact section 5115, chapter 205 of the
Code of Virginia, 1919, concerning divorces. . fH B 254]

Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That section
fifty-one hundred and fifteen, chapter two hundred and five of the
Code of Virginia, nineteen hundred and nineteen, concerning divorces,
be amended and. re-enacted so as to read as follows:

Section 5115. When and how a decree for divorce from bed and
board may be revoked, or may be merged into a decree of divorce from
the bond of matrimony.—When a decree for a separation forever, or a
limited period, has been made in a suit for a divorce from bed and
board, it may at any time thereafter, upon the joint application of the
parties, and the production by them of satisfactory evidence of their
reconciliation, be revoked by the same court which made it and under
such regulations and restrictions as the court may impose. And when
three years shall have elapsed after the entering of a decree for divorce
from bed and board, upon any other ground than that of desertion,
and in any case where desertion is the ground for divorce when three
years shall have elapsed from the time of such desertion, upon applica-
tion of the party injured, and upon the production of satisfactory
860 ACTS OF ASSEMBLY. [vA.

evidence, whether taken theretofore or in support of such application,
the court may merge such decree for divorce from bed and board into
a decree for a divorce from the bonds of matrimony, if the court shall
be of opinion, from the evidence so taken, that no reconciliation has
taken place, or is probable, and that a separation has continued with-
out interruption since the granting of such divorce. And when five
years shall have elapsed after the entering of a decree for divorce from
bed and board, upon any other ground than that of desertion, and in
any case where a divorce a mensa et thoro has been granted on the
ground of desertion, when five years shall have elapsed from the time
of such desertion, upon application of either party to such divorce
proceedings, after giving to the defendant in such application such no-
tice as is required upon the filing of an original suit for divorce, and
upon the production of satisfactory evidence, whether taken thereto-
fore or in support of such application, the court may, in its discretion,
merge such decree for divorce from bed and board into a decree for a
divorce from the bonds of matrimony, if the court shall be of opinion
from the evidence so taken, that no reconciliation has taken place, or
is probable, and that a separation has continued without interruption
since the granting of such divorce, and the court may also make such
provision as is proper for the maintenance and support of the wife and
children, if any, in accordance with the right of the case. The pro-
visions of this section shall apply to divorces from bed and board.
which have been heretofore as well as those which may be hereafter
granted.