§ 15-72-403 — Summons

(a) Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to other officers or persons the court may authorize to serve process, requiring them to summon any and all persons, without undertaking to name them, who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty (30) days after the issuance and service of the summons. (b) The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action. (c) Notice shall be served by posting one (1) copy at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy near the place where the commodity is alleged to be located. (d) One (1) copy of the summons shall be posted at least five (5) days before the return day stated therein, and the posting of the copy shall constitute constructive possession of the commodity by the state. (e) A copy of the summons shall also be published once each week for four (4) weeks in some newspaper published in the county where the suit is pending and having a bona fide circulation therein. (f) No judgment shall be pronounced by any circuit court condemning the commodity as contraband until after the lapse of five (5) days from the last publication of the summons. Proof of service of the summons, and the manner thereof, shall be provided by general law.

Legislative History

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.