Chap. 50.—An ACT to amend and re-enact Section 6069 of the Code of Virginia
with reference to affidavits for orders of publication, and when and by whom
such orders may be entered. [H B 56]

Approved March 2, 1938

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

Section 6069. On affidavit that a defendant is a foreign corpora-
tion or not a resident of this State, or that diligence has been used 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 de-
livered to such officer more than ten days before the return day, and
been returned without being executed, an order of publication may be
entered against such defendant.

And in any suit in equity, where the bill states that there are or may
be persons interested in the subject to be divided or disposed of, whose
names are unknown, and makes such persons defendants by the gen-
eral description of parties unknown, on affidavit of the fact that the
said parties are unknown, an order of publication may be entered
against such unknown parties.

And where in a suit in equity the number of defendants upon whom
process has been served, exceeds thirty, and it appears by the bill, or
other pleading, or exhibits filed, that such defendants represent like
interests with parties who have not been served with process, the
court or the judge thereof, may, either in term time or in vacation,
direct that such parties be proceeded against by order of publication.

Every other order of publication under this section, except the last
mentioned, may be entered either in term time or in vacation by the
court, or by the clerk thereof.

In a proceeding by petition, there may be an order of publication
in like manner as in a suit in equity.

Every affidavit for an order of publication shall state the last known
post-office address of the defendant against whom publication is asked,
or if such address is unknown, the affidavit shall state that fact.