Evening star., 1922-02-08

ALBERT HENRY WASHBURN,
Named minister to Austria.
to strengthening the Hall bill and
thereby amending the divorce law SO
as to be more definite and stringent.
Much Interest I'm BILL
Much interest is being taken here
in the bill introduced yesterday in
the Legislature by Charles Henry
Smith, delegate from this city, which
OF the code Of the state and which
Is intended to put an end to the So
called easy divorce practice obtaining
throughout the state and especially
In this city.
The bill in full follows:
BE it enacted by the general as
sembly Of Virginia, That section
hfty-one hundred and thirteen Of the
code of Virginia be repealed. and
that section fifty-one hundred and six
OF the said code be amended and re-
enacted SO as to read as follows:
ducted.-Such suit shall be instituted
and conducted as other suits in
equity. except that the bill shall not
be taken for confessed, nor shall q
divorce be granted on the uncor-
roborated testimony of the parties. or
grant a divorce in any case except
where the question Of residence and
domicile Is testified to by two witt
nesses. other than the parties, or
either OF them; and whether the de-
1endant answer. or not, the case shall
be heard independently of the ad-
missions of either party in the plead
ings. or otherwise; and no process or
notice In such proceedings shall be
served in this state. except by officers
authorized TO serve the same. Costs
may be awarded to either party, as
justice may require.
Attorney Must Give Word.
Sec. 2. There shall be filed in
every such suit by the attorney for
the complainant statement, on
his honor as a practicing attorney,
that after reasonable inquiry ne be-
lieves that the complainant or the
defendant. as the law may require,
has been bona f1de domiciled In the
state Of Virginia for at least one year
preceding the commencement Of the
suit: or. in lieu thereof. the attorney
may file a statement Of the facts he
expects to prove as constituting evil
dence OF jurisdiction.
In every such suit the Judge,
either in term, time or in vacation,
shall appoint some discreet and COM
to either party or Interested in the
suit, to be known As divorce proc
tor, whose duty 1t shall be to defend
the suit in the name Of and in be-
half OF the commonwealth of Vir-
ginia, as hereinafter.
Sec: 3: Such divorce proctor shall
faithfully represent the interest Of
the commonwealth in such suit; he
shall make inquiry into, and, as far
as practicable, ascertain, all the facts
and circumstances in relation to the
allegations set out in the bill Of COM
plant or other pleadings filed by
either Of the parties and defend the
said suit on behalf of the common
wealth to the same purpose and effect
as any other party may do regard
less of the admissions of either party;
he may demur, answer. or otherwise
plead to any plea rendered by either
the defendant or complainant: he
testimony and cross-examine the wit
nesses introduced by either of the
parties. and may suNmon and ex-
anime witnesses on behalf Of the com.
monwealth. to the end that the truth
Of the matter in controversy may be
fully disclosed to the court. When 1t
shall appear to the divorce proctor
that a bona fide defense Is being
made by the defendant, 1t shall be the
duty Of the said divorce proctor to
report such fact to the court by a GER
tificate setting forth in detail the re-
suit Of his findings; II the court is
satisfied from the said certificate of
the divorce proctor that the contest
Is being conducted in good faith. 1t
shall, by order or decree, discharge
the said divorce proctor from further
consideration of the case. Where no
defense is interposed by the defend
ant. it shall be the duty Of the divorce
mr. OF he Of he
vestigation to file a certificate OF
facts as disclosed by his investigation
Of the case, which shall constitute q
part Of the record in the case and
shall be considered by the court In
adjudicating the same.
Of such divorce proctor. and in case
there is no bona fide defense or con-
test, reasonable notice Of the time and
place Of taking any depositions. or Of
any motion or other proceedings, shall
be given said divorce proctor. and
timony shall be taken or heard except
in the presence of such divorce proc
tor. or upon written interrogatories
agreed to by him. Upon application
by the divorce proctor the court shall
order that the testimony shall be
taken orally in open court.
"Sec. 5. In any such suit. when
the court. or the Judge thereof in
vacation. shall be satisfied that such
divorce proctor has rendered proper
service in defending or contesting
said suit, q reasonable compensation
therefor, to be not less than ten dol
lars and not more than fifty dollars
and his actual expenses, IL any, shall
be allowed him. which, together with
any allowances Tor the attendance Of
any Witnesses summoned or examined
by him on behalf Of the common
wealth, shall be taxed by the clerk
as q part Of the taxed costs Of the
suit and be paid rs the court shall
determine: but neither the said di :
vorce proctor nor the commonwealth
shall be liable to costs.
In no case where there is a bona
fde contest conducted by the de-
fendant shall the fee to the divorce
SEQ. 8. Upon the suggestion Of
the divorce proctor that the COM
plainant has not been bona fide domi-
ciled in the state Of Virginia for one
year prior to the institution of the
suit, the court, or Judge in vacation,
may require the complainant to give
security for costs.
SEQ. Z. No decree dissolving
the marriage status shall be eater.
Cd n less than six months from the
INSTITUTION Of the suit, but oil such
inserlocutory decrsss or orders as may
0s proper disposing Of property rights.
court costs and collateral matters may
nearing has been had. -
SEQ .. This act shall not af-
,ecS any divorce suit instituted on or
cetore FEBRUARY first, nineteen hun
:dred and twenty-five"
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