If, at the time of the filing of the petition, or at any timesubsequent thereto, it shall be made to appear to the court by affidavit orotherwise that the names of the owners of the whole or any share of any tractsof land are unknown, and cannot after due diligence be ascertained by thepetitioners, the court shall order a notice in the nature of a summons to begiven to all such persons by a publication of the petition, or of the substancethereof, and describing generally the tracts of land as to which the owners areunknown, with the order of the court thereon, in some newspaper published inthe county wherein the land is located, or in some other county if no newspapershall be published in the first‑named county, which newspaper shall bedesignated in the order of the court, and a copy of such publication shall bealso posted in at least three conspicuous places within the boundaries of theproposed district, and at the courthouse door of the county. Such publicationin a newspaper and by posting shall be made for a period of four weeks. Afterthe time of publication shall have expired, if no person claiming and assertingtitle to the tracts of land and entitled to notice shall appear, the court inits discretion may appoint some disinterested person to represent the unknownowners of such lands, and thereupon the court shall assume jurisdiction of thetracts of land and shall adjudicate as to such lands to the same extent as ifthe true owners were present and represented, and shall proceed against theland itself. If at any time during the pendency of the drainage proceeding thetrue owners of the lands shall appear in person, they may be made partiesdefendant of their own motion and without the necessity of personal service,and shall thereafter be considered as parties to the proceeding; but they shallhave no right to except to or appeal from any order or judgment theretoforerendered, as to which the time for filing exceptions on notice shall have expired.(1911, c. 67, s. 1; C.S.,s. 5316; 1953, c. 675, s. 25.)
If, at the time of the filing of the petition, or at any timesubsequent thereto, it shall be made to appear to the court by affidavit orotherwise that the names of the owners of the whole or any share of any tractsof land are unknown, and cannot after due diligence be ascertained by thepetitioners, the court shall order a notice in the nature of a summons to begiven to all such persons by a publication of the petition, or of the substancethereof, and describing generally the tracts of land as to which the owners areunknown, with the order of the court thereon, in some newspaper published inthe county wherein the land is located, or in some other county if no newspapershall be published in the first‑named county, which newspaper shall bedesignated in the order of the court, and a copy of such publication shall bealso posted in at least three conspicuous places within the boundaries of theproposed district, and at the courthouse door of the county. Such publicationin a newspaper and by posting shall be made for a period of four weeks. Afterthe time of publication shall have expired, if no person claiming and assertingtitle to the tracts of land and entitled to notice shall appear, the court inits discretion may appoint some disinterested person to represent the unknownowners of such lands, and thereupon the court shall assume jurisdiction of thetracts of land and shall adjudicate as to such lands to the same extent as ifthe true owners were present and represented, and shall proceed against theland itself. If at any time during the pendency of the drainage proceeding thetrue owners of the lands shall appear in person, they may be made partiesdefendant of their own motion and without the necessity of personal service,and shall thereafter be considered as parties to the proceeding; but they shallhave no right to except to or appeal from any order or judgment theretoforerendered, as to which the time for filing exceptions on notice shall have expired.(1911, c. 67, s. 1; C.S.,s. 5316; 1953, c. 675, s. 25.)
If, at the time of the filing of the petition, or at any timesubsequent thereto, it shall be made to appear to the court by affidavit orotherwise that the names of the owners of the whole or any share of any tractsof land are unknown, and cannot after due diligence be ascertained by thepetitioners, the court shall order a notice in the nature of a summons to begiven to all such persons by a publication of the petition, or of the substancethereof, and describing generally the tracts of land as to which the owners areunknown, with the order of the court thereon, in some newspaper published inthe county wherein the land is located, or in some other county if no newspapershall be published in the first‑named county, which newspaper shall bedesignated in the order of the court, and a copy of such publication shall bealso posted in at least three conspicuous places within the boundaries of theproposed district, and at the courthouse door of the county. Such publicationin a newspaper and by posting shall be made for a period of four weeks. Afterthe time of publication shall have expired, if no person claiming and assertingtitle to the tracts of land and entitled to notice shall appear, the court inits discretion may appoint some disinterested person to represent the unknownowners of such lands, and thereupon the court shall assume jurisdiction of thetracts of land and shall adjudicate as to such lands to the same extent as ifthe true owners were present and represented, and shall proceed against theland itself. If at any time during the pendency of the drainage proceeding thetrue owners of the lands shall appear in person, they may be made partiesdefendant of their own motion and without the necessity of personal service,and shall thereafter be considered as parties to the proceeding; but they shallhave no right to except to or appeal from any order or judgment theretoforerendered, as to which the time for filing exceptions on notice shall have expired.(1911, c. 67, s. 1; C.S.,s. 5316; 1953, c. 675, s. 25.)
