70-29-216. Abstract of title -- when cost of allowed -- filing and inspection. (1) If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned and the abstract has been procured by the plaintiff or if the plaintiff has failed to have the abstract made before the commencement of the action and any one of the defendants has had the abstract made, the cost of the abstract, with interest on the cost from the time the abstract is subject to the inspection of the respective parties to the action, must be allowed and taxed.
     (2) Whenever the abstract is procured by the plaintiff, before the commencement of the action the plaintiff shall file with the complaint a notice that an abstract of the title has been made and is subject to the inspection and use of all the parties to the action, designating in the notice where the abstract will be kept for inspection. However, if the plaintiff has failed to procure the abstract before commencing the action and any defendant procures the abstract to be made, the defendant shall, as soon as the defendant has directed the abstract to be made, file a notice of the procurement in the action with the clerk of the court, stating who is making the abstract and where it will be kept when finished.
     (3) The court or judge may direct, from time to time during the progress of the action, who must have the custody of the abstract.

     History: En. Sec. 1397, C. Civ. Proc. 1895; re-en. Sec. 6940, Rev. C. 1907; re-en. Sec. 9573, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 799; re-en. Sec. 9573, R.C.M. 1935; R.C.M. 1947, 93-6358; amd. Sec. 2221, Ch. 56, L. 2009.