85-8-115. Insufficient service. (1) If it shall be found, before the hearing on a petition for the organization of a drainage district, that one or more owners of land in said district have not been duly served with notice of hearing on said petition, the court or presiding judge shall not thereby lose jurisdiction. The court or presiding judge in such case shall adjourn the hearing, make an order directing the serving of said notice upon said landowner, and fix the time and manner of service of such notice, which notice shall notify him to appear at said adjourned time and place and be heard on said petition.
     (2) Said notice shall be served personally or by leaving at the last usual place of abode of said unserved owners as provided in 85-8-111, not less than 8 days before said adjourned hearing, or published, not less than 14 days before said adjourned hearing, in some newspaper published in the county in which said owners' lands lie or, if no newspaper be published in said county, then in some newspaper published in an adjoining county.

     History: En. Secs. 8, 9, Ch. 129, L. 1921; re-en. Secs. 7272, 7273, R.C.M. 1921; re-en. Secs. 7272, 7273, R.C.M. 1935; R.C.M. 1947, 89-2209, 89-2210.