Upon the filing of said petition, notice of the pendency of such suit in the name of the clerk of the court in which said petition is filed shall be given by publication once a week for four consecutive weeks and by mailing a copy of such notice by registered prepaid postage addressed to each record owner of the lands described in the petition at the last known post-office address of such owner, and the affidavit of the attorney or agent of plaintiff shall be filed in said cause indicating the addresses of the record owners to whom such notice has been so mailed, or that any such address upon diligent inquiry could not be ascertained and is unknown, which affidavit shall be prima facie evidence of the facts therein stated. The last publication shall be not less than 30 days before application for judgment shall be made and said notice shall be given in some newspaper published in the county wherein the lands are situated, and if such lands are in more than one county, then in each of such counties, and may be in substantially the following terms:

"____________________ Drainage District,

vs.

Delinquent Lands.

All persons having or claiming an interest in any of the following described lands are hereby notified that suit is pending in the district court of _____ to enforce collection of certain drainage assessments on the lands herein described, which lands together with the amounts severally due are as follows, to wit: (Then should follow a list of delinquent lands and the total amounts due thereon respectively as aforesaid, and the names of the respective owners.)

All persons or corporations interested in said lands are hereby notified that they are required by law to appear on or before the ___ day of ____ A.D __ at the place fixed by law for such court to convene, and make defense to said suit or the same will be taken as confessed and final judgment will be entered directing the sale of said lands for the purpose of collecting said assessments together with the interest and costs allowed by law.

_________________________

Clerk of said Court."

Such notice when published and served as aforesaid shall be equivalent to service of summons and shall confer jurisdiction upon the court to hear and determine said cause and to adjudicate the interests of all persons having any right or title in or to the land described therein.

History: Laws 1927, ch. 131, § 5; C.S. 1929, § 40-405; 1941 Comp., § 77-1929; 1953 Comp., § 75-20-29.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For the procedures required for providing notice in the district court, see Rule 1-004 NMRA and commentary.

For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 66.