156-57. Bond filed and summons issued.
Upon filing with the petition a bond for the amount of fifty dollars ($50.00) per mile for each mile of the ditch or proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of superior court, conditioned for the payment of all costs and expenses incurred in the proceeding in case the court does not grant the prayer of the petition, the clerk, shall at any time thereafter, issue summons to be served on all the defendant landowners, who have not joined in the petition and whose lands are included in the proposed drainage district. The summons may be served by publication as to any defendant who cannot be personally served as provided by law.
The attorney for the petitioners shall certify to the clerk of the superior court, prior to the hearing on the final report of the board of viewers, that due diligence has been used to determine the names of all landowners within the area of the proposed drainage district; and, that summons has been issued for such landowners, so determined, and served either by personal service or by publication for all known and unknown landowners, insofar as could be determined by due diligence. (1909, c. 442, s. 2; C.S., s. 5315; 1967, c. 621.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 5 - Establishment of Districts.
§ 156-54 - Jurisdiction to establish districts.
§ 156-55 - Venue; special proceedings.
§ 156-57 - Bond filed and summons issued.
§ 156-58 - Publication in case of unknown owners.
§ 156-59 - Board of viewers appointed by clerk.
§ 156-60 - Attorney for petitioners.
§ 156-62 - Examination of lands and preliminary report.
§ 156-63 - First hearing of preliminary report.
§ 156-64 - Notice of further hearing.
§ 156-65 - Further hearing, and district established.
§ 156-67 - Condemnation of land.
§ 156-68 - Complete survey ordered.
§ 156-70 - Assessment of damages.
§ 156-71 - Classification of lands and benefits.
§ 156-72 - Extension of time for report.
§ 156-73 - Final report filed; notice of hearing.
§ 156-74 - Adjudication upon final report.
§ 156-75 - Appeal from final hearing.
§ 156-76 - Compensation of board of viewers.