70-29-108. Lienholders of record to be notified. (1) The plaintiff shall cause a notice to be served a reasonable time prior to the day for appearance before the referee appointed, as provided in 70-29-107, on each person having outstanding liens of record who is not a party to the action to appear before the referee at a specified time and place to make proof by the person's own affidavit or otherwise of the amount due or to become due, contingently or absolutely, on the lien.
     (2) If the person is absent or the person's residence is unknown, service may be made by publication or notice to the person's agents, under the direction of the court, in a proper manner.
     (3) The report of the referee must be made to the court and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.

     History: En. Sec. 502, p. 142, Bannack Stat.; re-en. Sec. 274, p. 192, L. 1867; re-en. Sec. 323, p. 99, Cod. Stat. 1871; re-en. Sec. 374, p. 142, L. 1877; re-en. Sec. 374, 1st Div. Rev. Stat. 1879; re-en. Sec. 387, 1st Div. Comp. Stat. 1887; re-en. Sec. 1354, C. Civ. Proc. 1895; re-en. Sec. 6897, Rev. C. 1907; re-en. Sec. 9530, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 762; re-en. Sec. 9530, R.C.M. 1935; R.C.M. 1947, 93-6315; amd. Sec. 2216, Ch. 56, L. 2009.