Title 23, Chapter 3, Section 65
( 23-3-65)
(a) Upon the filing of all evidence with him, the master shall: (1) Determine who is entitled to notice, including, but not
limited to, all adjacent landowners and all adverse claimants as
to whose adverse claims petitioner has actual or constructive
notice; (2) Cause process to issue, directed to all persons who are
entitled to notice and to all other persons whom it may concern. (b) Process shall be served upon known persons whose residence is
ascertainable by the sheriff or his deputy as provided by law. In
all cases where service by publication is permitted under the laws
and where the respondent or other party resides outside this state
or whose residence is unknown and it is necessary to perfect service
upon such person by publication, upon the fact being made to appear
to the judge or clerk of the court in which the action is pending,
the judge or clerk may order service to be perfected by publication
in the paper in which sheriffs' advertisements are printed, four
times within the ensuing 30 days, publications to be weekly. The
published notice shall contain the name of the petitioner and
respondent with a caption setting forth the court, the character of
the action, the date the action was filed, the date of the order for
service by publication, and a notice directed and addressed to the
party to be thus served, commanding him to be and appear at the
court in which the action is pending within 30 days of the date of
the order for service by publication, and shall bear teste in the
name of the judge and shall be signed by the clerk of the court. The
date upon which the nonresident or party whose residence is unknown
is called upon to appear shall be the appearance day of the case. (c) Any adverse party shall be entitled to have at least 30 days
after completion of service to file any pleading he desires in the
matter before the court. (d) If, upon the filing of the petition or of the evidence required
by him, the master finds that there are persons under a disability,
or minors, or persons not in being, unascertained, or unknown who
may have an interest, he shall appoint a disinterested person, in
the nature of a guardian ad litem, who shall be served with copies
of the notice prescribed and who shall represent these interests. |