CHAPTER 16

An Act to amend and reenact §§ 8-54 and 8-76, as amended, of the Code
of Virginia, relating to serving notices in a sutt for annulling a
marriage or for divorce.

[H 67]

Approved February 15, 1960

Be it enacted by the General Assembly of Virginia: oo
1. That §§ 8-54 and 8-76, as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 8-54. In a suit for annulling a marriage or for divorce the sub-
poena in chancery to commence the suit and notices for the taking of
depositions, or for any other purpose, shall be served only by the sheriff
of the county, or the sheriff or sergeant of the city, or the deputies of
either, in which the service is sought to be had, except that, when, for any
reason it is improper for the sheriff or sergeant, or the deputies of either,
to act, the service shall be made as provided in § 15-512.

Any such notice as is mentioned in §§ 8-51 and 8-54 to a
person not residing in Virginia may be served by the publication thereof
once a week for 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 pro-
visions of § 8-51 and the provisions of § 8-54 with a subpoena in chancery
to commence a suit for annulling a marriage or 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 insti-
tution 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 subse-
quent 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, according 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.