Chap. 159.—An ACT to amend and re-enact Section 5108 of the Code of Virginia,
as heretofore amended, relative to orders of publication in certain divorce suits
and to validate certain divorces granted in cases where the defendant was pro-
ceeded against by order of publication. [S B 128]

Approved March 9, 1942

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

Section 5108. Order of publication against non-resident defend-
ant.—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 court, or 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 application, 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 defend-
ant 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 pro-
ceeded against by an order of publication issued on an affidavit that
cus. 159, 160] _ ACTS OF ASSEMBLY 203

diligence had been used by or on behalf of the plaintiff to ascertain in
what county or corporation such defendant was, without effect, or
wherein the order of publication was entered by the court, 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.