21-297 - Service and return of summons; appointment of board of viewers.
§ 21-297. Service and return of summons; appointment of board of viewers.
The summons may be served by publication as to any defendants who cannot bepersonally served, as provided by law. Such summons shall be returnable tothe first day of any regular term of the circuit court of the county, duringwhich term, or some succeeding term, the court, after determining thesufficiency of the petition, shall immediately enter of record threeinterested resident freeholders of the proposed project in which the landsare located who have been elected by a majority of the petitioners. Suchpersons appointed shall constitute a board of viewers who shall select anddesignate an engineer, or other person experienced with drainage, deemedqualified by the board of viewers to make a preliminary survey and reportthereon. After the appointment of the board the question of the sufficiencyof the petition may not be again raised, unless the boundary of the districtbe subsequently changed by the court.
(Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606; 1954, c. 642.)