Whenever complaint shall be filed in any such action, summons shall be issued against the proper parties, and served upon the person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed their statements as required by Section 19-4-10 NMSA 1978. And in case service cannot be had upon the defendants, their agents or attorney, the complainant shall file an affidavit in the office of the clerk of the court in which the action in [is] pending, to the effect and as now provided by law. It shall be lawful for the clerk of said court to cause publication to be made as provided by law, and when such publication shall have been made, the cause shall proceed, as if the parties had been personally served with summons.
History: Laws 1882, ch. 70, § 18; C.L. 1884, § 2792; C.L. 1897, § 3996; Code 1915, § 5537; C.S. 1929, § 144-125; 1941 Comp., § 8-525; 1953 Comp., § 7-5-25.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For publication of legal notice, see 14-11-1 to 14-11-13 NMSA 1978.
For rule on service of process by publication, see Rule 1-004 NMRA.
Structure 2021 New Mexico Statutes
Section 19-4-1 - [Patents of townsites to be recorded.]
Section 19-4-2 - [Failure to record townsite patent; penalty.]
Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]
Section 19-4-5 - [Notice of suit; intervention.]
Section 19-4-6 - [Vacating all or part of townsite.]
Section 19-4-7 - [Disposal of lots after entry.]
Section 19-4-8 - [Conveyances to persons entitled to possession or occupancy.]
Section 19-4-9 - [Notice of entry; posting and publication.]
Section 19-4-10 - [Claim for lots; time limit; unclaimed lots revert to town.]
Section 19-4-11 - [Notice of meeting to elect trustees; qualifications; duties.]
Section 19-4-12 - [Term of office of trustees.]
Section 19-4-13 - [Board of appraisers; appointment; oath; refusal to act; new board.]
Section 19-4-14 - [Appraisement; contents; valuations.]
Section 19-4-15 - [Notice of sale; publication; contents.]
Section 19-4-16 - [Conduct of sales.]
Section 19-4-17 - [Conveyance of streets, parks and commons by probate judge.]
Section 19-4-18 - [Purchase at private sale by person in possession.]
Section 19-4-19 - [Reservation for park or public purpose.]
Section 19-4-20 - Disposition of proceeds.
Section 19-4-21 - [Adverse claims; litigation.]
Section 19-4-22 - [Paramount right to lands.]
Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]
Section 19-4-24 - [Service of process; publication.]
Section 19-4-26 - [Reports of expenses.]
Section 19-4-27 - [Conveyances; payment of costs.]
Section 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]
Section 19-4-29 - [Recording of order appointing commissioner.]
Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]
Section 19-4-31 - [Conveyances; time for execution.]
Section 19-4-32 - [Probate judge; claim for lands in individual right.]
Section 19-4-33 - [Streets, alleys, parks and public grounds.]
Section 19-4-34 - [Claimant failing to pay costs and fees.]
Section 19-4-35 - [Trustees; organization; officers; quorum.]
Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]
Section 19-4-37 - [Taxation of costs.]
Section 19-4-38 - [Unsold lots; petition; appraisers.]
Section 19-4-39 - [Appraisement; report; compensation.]
Section 19-4-40 - [Preference right of possessor to purchase.]
Section 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]