393.040. Filing of petition, issuance of summons, and notice of hearing--notice by publication, when. - Missouri Statutes

Filing of petition, issuance of summons, and notice of hearing--noticeby publication, when.

393.040. 1. Upon the presenting of the petition mentionedin section 393.030 to the circuit judge, he shall order thepetition filed and a summons to issue, giving such owners atleast ten days' notice of the time when said petition will beheard, which summons shall be served by the sheriff of thecounty, in the same manner as writs of summons are or may be bylaw required to be served.

2. If the name or residence of the owners be unknown, or ifthe owners, or any of them, do not reside in the state, notice ofthe time of hearing of the petition, reciting the substance ofthe petition and the day fixed for the hearing thereof, shall begiven by publication for three weeks consecutively, prior to thetime of hearing the petition, in a newspaper published in thecounty in which the proceedings are pending, if one is publishedin the county, or if no newspaper is published in such county, orif the publisher shall refuse to publish the same on tender ofhis usual charges for advertising, then posting up said noticefor three consecutive weeks at the door of the courthouse of thecounty wherein the lands, or any portion of them, lie.

(RSMo 1939 § 5373, A.L. 1943 p. 410 § 157)

Prior revisions: 1929 § 4966; 1919 § 10176; 1909 § 3370