CHAPTER 522

An Act to amend and reenact § 8-71 of the Code of Virginia, relating to
the circumstances under which an order of publication may be

entered. .
[H 408]
Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:
a That § 8-71 of the Code of Virginia be amended and reenacted as
ollows:
§ 8-71. On affidavit that a defendant is a foreign corporation 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 delivered 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, when 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 general
description of parties unknown, on affidavit of the fact that such parties
are unknown, an order of publication may be entered against such
unknown parties.

And when in a suit in equity the number of defendants upon whom
process has been served exceeds ten, 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
postoffice address of the defendant against whom publication is asked, or
if such address is unknown, the affidavit shall state that fact.