The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-06-20

ity with the Virginia statutes for such
1t worked a friRhtful injustice on the
uiisuspecting wife, but the divorce
stands, Just the same.
Notice by "pubiication."
The Virginia law relating to services
of notice of suit requires that notice
shall be served personally II the de-
PENDANT IL resident Of the State;
otherwise. notice shall be nv ''pubn-
c:stion." It is this publication" sec
ton Of the code that contains the jok-
er. Note 1t carefully:
Every order Of publication shall
give the abbreviated style of the suit.
state briefly its object, and require
the defendant against whom 1t Is en-
tered. or the unknown parties. TO ap-
peal within fifteen days after due pub
lication thereof and do whatever 10
necessary to protect their interests.
It shall be published once a week for
four successive weeks In such news
paper as the court may prescribe. or,
II none be prescribed, as the clerk may
direct, and shall be posted by the clerk.
at the front door of the courthouse of
the county or corporation wherein the
court Is held, on or before the next
succeeding rule day after 1t is enter
ed; and the clerk shall file certificate
'h tHC idNS III tfiG paper y VI kHE ta1Ns
but the court. or the judge thereof in
vacation. may. In any case. II the court
or Judge deem II proper. dispense with
such publication in a newspaper
II will be noted that this leaves II
TO the discretion of the court and the
clerk whether the notice shall be pub
lished In a newspaper or on the court
house door. Sometimes the door
method Is used. In which event the
defendent IL practically sure never TO
hear of It. Even when the notice 10
published in newspaper. there's lit
tie likelihood that II Will ever reach
the eye OF the other party to the suit
because the paper doesn't happen to
circulate in the community where he
or she happens 10 live.
Joker In Residence Clause.
Another joker In the situation Is
the years residence. Whether the
resi- dence Ia bona fide or a "satchel
residence" as the Washington and
Virginia lawyers call it, depends
wholly upon the conscience Of the
person bringing the suit. When he
files his pleadings he also files an
affidavit that he Is a resident of the
State. Nobody but the defendant, OF
course. would have any interest in
questioning this affidavit, and II the
defendant doesn't happen to know the
suit has been started, naturally he
isn't exactly in position TO demand a
show down on the residence ques-
ton. The affidavit is accepted as ev-
idence unless 1t is questioned: and
It's part of the system TO see that
the only person who would care about
questioning IL is in blissfui Ignorance
of the whole proceeding
In the District the rights of the
defendant are zealous,y guarded. Per-
sonai service of notice of suit Is re-
auired II II can be obtained. III 1t
cannot, service must be obtained ac-
eording to the following terms:
Publication MAY be substituted for
personal service OF process upon any
defendant who cannot be found and
who is shown by affidavit TO be a
non resident, or To have been absent
from the District for at least six
NO order for the substitution of
publication for personal service shall
be made until summons for the de-
PENDANT shall have been issued and
returned Not to be found, and the
non residence of the defendant or
his absence for at least six months
shall be proved by AFFIDAVIT TO the
satisfaction of the court
Every such order fof publication
shall be published at least once a
week for three successive weeks. or
offener. or for such further time as
may he specially ordered. and no
order or decree shall be passed against
said absent or resident defen-
dant upon proof of notice of such
publication unless the complainant,
plaintiff. his agent or solicitor or at
torney shall file In the cause an am
davit showing that at least twenty
days before applying for such order
or decree he mailed postpaid. d copy
of said advertisement directed to the
party therein ordered to appear. III his
last known place OF residence. or that
he has been unable to ascertain the
last place of residence of said party
after diligent effort to ascertain the
same"
Counsel for Defendant.
But the District law doesn't stop at
this. II not only makes this provi-
sion for requiring that the defendant
be notified of the suit. but II also
lays down this condition:
I'm all uncontested divorce cases.
and In any other divorce case where
the court may deem II necessary or
proper. disinterested attorney shall
be assigned by the court to enter his
appearance for the defendant and ac-
lively defend the cause. and such at
torney shall receive such compensa-
ton for his services a. the court
may determine to be proper, such
compensation to be paid by the par
ties as the court may direct"
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