CHAPTER 56

AN ACT to amend and reenact § 8-76 of the Code of 1950, relat-
ing to publication of notices, so as to provide for the dis-
pensing with the publication in cases in which the person
is legally served with process.

{ H 56 ]

Approved February 24, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 8-76 of the Code of 1950 be amended and reenacted
as follows:

§ 8-76. Publication of notices—Any such notice as is
mentioned in §§ 8-51 and 8-54 to a person not residing in Vir-
ginia may be served by the publication thereof once a week fox
four successive weeks, in a newspaper published in the city or
county where the proceedings, about which the notice is given,
are to be held, or if no newspaper is published in such city or
county, then in a newspaper published in some convenient city
or county, provided that, when the defendant has been * legally
served according to any of the provisions of § 8-51 and the pro-
visions of § 8-54 with a summons to commence a suit for divorce
and he or she or the plaintiff:

(1) Shall thereafter become a nonresident, or

(2) Remove from the county or city in which the suit is
pending, if a resident thereof, or in which he or she resided
at the time of the institution of the suit, or was served with
process, without having filed with the clerk of the court where
the suit is pending a written statement of his or her intended
future place of residence, and a like statement of subsequent
changes of residence,

(3) Or when, after such written statement has been filed
with the clerk, notice shall have been served upon him or her, at
the last place of residence given in the written statement, ac-
cording to the provisions of §§ 8-51 and 8-54,

Depositions may be taken, testimony heard and orders and
decrees entered without an order of publication as heretofore
provided in this section; provided that if any such absent party
has an attorney of record in such suit, notice shall be served on
such attorney as provided by § 8-311.