Effective 28 Aug 1943
393.040. Filing of petition, issuance of summons, and notice of hearing — notice by publication, when. — 1. Upon the presenting of the petition mentioned in section 393.030 to the circuit judge, he shall order the petition filed and a summons to issue, giving such owners at least ten days' notice of the time when said petition will be heard, which summons shall be served by the sheriff of the county, in the same manner as writs of summons are or may be by law required to be served.
2. If the name or residence of the owners be unknown, or if the owners, or any of them, do not reside in the state, notice of the time of hearing of the petition, reciting the substance of the petition and the day fixed for the hearing thereof, shall be given by publication for three weeks consecutively, prior to the time of hearing the petition, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, or if no newspaper is published in such county, or if the publisher shall refuse to publish the same on tender of his usual charges for advertising, then posting up said notice for three consecutive weeks at the door of the courthouse of the county wherein the lands, or any portion of them, lie.
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(RSMo 1939 § 5373, A.L. 1943 p. 410 § 157)
Prior revisions: 1929 § 4966; 1919 § 10176; 1909 § 3370
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