58-813. NOTICE TO COMMENCE SUIT. In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty (60) days after the expiration of the time for filing the statement as provided in section 58-804[, Idaho Code], it shall be the duty of the judge or corporate authorities to give notice to the adverse claimant last filing his claim, or if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants as defendants to determine their respective rights to said lands, within twenty (20) days from service of notice on him, and in case such adverse claimant neglects or refuses to commence the action within the time specified, he shall be deemed to have waived and relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate therein. Such notice may be served by the sheriff of the county in which said town is situated, or by any person over the age of twenty-one (21) years, and proof of such service may be made as in case of summons issued out of the district court. If the person or sheriff to whom said notice is given to serve, shows by affidavit or return that such adverse claimant can not be found in the county in which said lands are situated, service of such notice shall be by publication thereof for three (3) weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three (3) public places in the town where the lands are situate, and in addition thereto said notice shall be mailed to such adverse claimant at his residence or usual place of abode. In case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice as aforesaid, said judge or corporate authority shall serve like notice on the last adverse claimant until all have been notified as aforesaid. The provisions of this section shall apply to, and have the same effect of notice and forfeiture as against any adverse claimants to, lands and lots in town sites heretofore entered under said act of congress, after notice shall have been served as aforesaid.
History:
[(58-813) 1874, p. 698, sec. 7; R.S., sec. 2206; am. 1905, p. 84, sec. 11; reen. R.C. & C.L., sec. 2159; C.S., sec. 3776; I.C.A., sec. 56-713.]