The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-15

yOrce may be granted, and also for
habitual Drunkenness, or for any cause
for which divorce from the bond of
Imatrimony may be decreed. such de-
cree or separation to have the sam.
force and effect as divorce mcnsa
| Section 1859 Is amended so as to
give courts the right to grant a de-
cree Of separation as well as a d.
Ivorcc. and increasing the period or
necessary domicile in this state from
one to two years. Six independent
sections were added after section $3.50
the first OF which provides that in ali
divorce suits. the bill shall contain. in
addition to the allegations heretofore
necessary, statement of the age.
color and occupation of each party. the
date and place of marriage, the resi-
dence of each party at the time of mar
riage. the date of separation, and the
names and ages OF all children nv
such marriage.
Tho second provides that in all I'M
contested suits. and in any suit where
the court may deem 1t necessary or
proper. disinterested attorney shall
De assigned by the court actively IL
defend the suit, and the court shall
fix the fee OF this attorney to be taxed
as part of the costs.
The next section provides that all
| testimony shall be taken and trials had
orally before the court. and not he
| fore n commissioner or any other dele
| gated representative, but the court
may. in its discretion. exclude from tho
! hearing of the testimony and from the
trial all persons except the parties to
the suit and the attorneys engaged
therein. though dispositions may be read
In case the witness is sick, or non
resident or lives long distance from
the place of trial, the same as such
dispositions may be read in common
law cases.
| The next section provides that when
the defendant has not been personally
served with process to begin the suit.
the court shall appoint, after the suit
has matured and before the trial one
Of its commissioners In chancery TO
seek diligently to ascertain the where
abouts OF the defendant and for that
purpose summon before him and ex-
anime under oath the plaintiff or any
other person. and II 1t be found that
the defendant Is in the State, process
shall be served upon him, and If be-
yond the limits OF the State. process
shall be sent him through registered
mall and the court shall not proceed
to the trial until 1t appears that every
reasonable effort has been made to
inform the defendant OF the tendency
OF the suit.
The next new section provides that
In each case where 1t is determined
that the plaintiff is entitled to decree
of divorce from the bond OF matrimony
OF an annulment OF the marriage. and
such decree shall become final and
absolute after the expiration of one
year unless appealed from, or pro-
ceedings for review be pending or
the court, before the expiration OF
l this period. for sufficient cause other
| wise orders.
! Full faith and credit shall be given
in all the courts OF this State to a
decree OF annulment OF marriage,
separation or divorce granted sby a
court of competent Jurisdiction in an
other State when the jurisdiction of
such court was obtained in substantial
conformity with the provisions of this
chapter. Provided. that if any in
| habitant of this State go into another
State or country in order to obtain
an annulment of marriage, separa-
\ tino. or a divorce for cause which
occurred while the parties resided In
| this State, or for a cause which Is
not ground for a divorce under the
| laws of this State. a decree so obtained
shall be of no force or effect in this
| State.
Section 1852 is amended SO as to
| prohibit the granting OF divorces In
cases where 1t appears that the suits
were brought by collision.
! Section 2263 is amended so that
courts may decree alimony, etc, in
cases of DEGREES of separation. and
that in all suits for annulment OF
marriage or divorce from the bond
of matrimony the court may allow
the woman to resume her maiden name
or the name of former deceased
| husband.
Section 1854 is amended so that 4
decree of separation shall have the
same effect on the personal and prop
4 erty rights of the parties as a decree
of divorce from the bond of matri-
smony, except that neither party shall
marry again during the life of the
other.
Section 1865 is amended 50 that the
court, in certain cases. must prohibit:
guilty parties from marrying the per-
son particeps criminis. and may pro-
hibit the guilty party from marrying
any person. This last mentioned de-
cree may afterwards be revised so as
to remove the prohibitions as to all
persons except the particeps criminis
Section 1855 Is amended SO as to put
DEGREES Of separation on the same
footing with temporary divorces in the
matter Of reconciliation, and also as tc
merging such DEGREES into DEGREES OF
divorce from the bond OF matrimony
The bill incorporates the existing stat.
Lutte against advertising offers to OBJ.
tain divorces. and makes it extend tic
DEGREES for separation.
Delegates Page and Cooke are toin1
patrons Of House bill No. II, in rela.
ton to the granting OF letters Of ad.
(. ministratlon on the estate Of any per.
son supposed to be dead, such suppo
sition being based on the party's alb.
sence for seven years from the place
of his last domicle and not having
been heard from for that period. The
person wishing to obtain administra
ton on the estate of such a MISSING
person shall make application to a
circuit or city court. as the case may
be. and the court shall cause the fact
i of such application to be published
once week for four successive weeks
and on certain day. at least two
weeks after the last publication the
court shall hear the evidence con.
/ corning the alleged absence OF the SIN