444.070. Mining extending to adjoining lands, how determined. - Missouri Statutes

Mining extending to adjoining lands, how determined.

444.070. When any owner, tenant or subtenant of a lot orlots or tracts of land, shall file with any associate circuitjudge within the county in which said lot or lots or tract ofland may be situated, his or her affidavit, or the affidavit ofany other credible person for them, stating that from knowledge,information or belief, the party or parties owning, controllingor working the adjoining lot or lots or tract of land, and uponwhich said party or parties are sinking shafts, mining,excavating and running drifts, and that said drifts in which saidparties are digging, mining and excavating mineral ore or veinsof coal extend beyond the lines and boundaries of said lot orlots or tract of land, owned, controlled or worked by them, andhave entered in and upon the premises of the party or partiesmaking said affidavit, or for whom said affidavit is made, theassociate circuit judge, after first being tendered his lawfulfees, shall issue his written order and deliver or cause the sameto be delivered to the county surveyor or his deputy, commandinghim, after his reasonable fees have been tendered, to proceedwithout delay to survey said drift by entering any and all shaftsupon said lot or lots or tract of land that he (the surveyor)may see fit, for the purpose of ascertaining the course anddistance of said drift or drifts, and to locate the same upon thesurface.

(RSMo 1939 § 14789)

Prior revisions: 1929 § 13599; 1919 § 7442; 1909 § 8414