§ 156-57. Bond filed and summons issued. - North Carolina Statutes

§ 156‑57.  Bondfiled and summons issued.

Upon filing with the petition a bond for the amount of fifty dollars($50.00) per mile for each mile of the ditch or proposed improvement, signed bytwo or more sureties or by some lawful and authorized surety company, to beapproved by the clerk of superior court, conditioned for the payment of allcosts and expenses incurred in the proceeding in case the court does not grantthe prayer of the petition, the clerk, shall at any time thereafter, issuesummons to be served on all the defendant landowners, who have not joined inthe petition and whose lands are included in the proposed drainage district.The summons may be served by publication as to any defendant who cannot bepersonally served as provided by law.

The attorney for the petitioners shall certify to the clerk of the superior court, prior to the hearing on the final report of the board ofviewers, that due diligence has been used to determine the names of alllandowners within the area of the proposed drainage district; and, that summonshas been issued for such landowners, so determined, and served either bypersonal service or by publication for all known and unknown landowners,insofar as could be determined by due diligence. (1909, c. 442, s. 2; C.S., s. 5315; 1967, c. 621.)