Chap. 126.—An ACT to amend and re-enact section 5106 of the Code of Vir-
ginia, as heretofore amended, so as to require depositions in certain divorce
cases to be taken before a commissioner in chancery. [Hi B 120]

Approved March 10, 1928

1. Be it enacted by the general assembly of Virginia, That section
fifty-one hundred and six of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 5106. How instituted and conducted; marriage Heense to
be filed with bill—Such suit shall be instituted and conducted as other
sults in equity, except that the bill shall not be taken for confessed,
nor shall a divorce be granted on the uncorroborated testimony of the
parties, or either of them: and, whether the defendant answer or not,
the cause shall be heard independently of the admissions of either
party in the pleadings or otherwise; and no process or notice in such
proceedings shall be served in this State, except by officers authorized
to serve the same; and all depositions when taken in this State, “if
the suit be pending in any circuit or city court in cities having a
population of more than one hundred and seventy thousand inhabi-
tants,”’ according to the last United States census, shall be taken before
a commissioner in chancery. Costs may be awarded to either party
as equity and justice may require.

With every bill praying a divorce, whether a divorce from bed
and board or a divorce from the bond of matrimony, there shall be
fled a duly certified copy of the marriage license with certificate of
time and place of marriage by the person who performed the ceremony,
if the marriage is alleged to have taken place in this State, except
where it is alleged in said bill that such certified copy cannot be ob-
tained, unless the same shall have been lost or destroy od,