§ 74-34. Application and order for survey. - North Carolina Statutes

§74‑34.  Application and order for survey.

The person entitled to bringan action, as provided in G.S. 74‑33, may apply to any judge of thesuperior court having jurisdiction to grant injunctions and restraining orders,and obtain an order of survey in the following manner: He shall file anaffidavit giving the names of the parties and the location as near as may be,of the mine complained of; the location of the plaintiff's mine, and that hehas reason to believe that the defendant, or his agents or employees, are orhave been trespassing upon his mine, or working the defendant's mine in such amanner as to damage or endanger the plaintiff's property. Upon the filing ofthe affidavit, the judge shall cause a notice to be issued to the defendant orhis agents, stating the time and place and before whom the application will beheard, and requiring them to appear, in not less than 10 nor more than 20 daysfrom the date thereof, and show cause why an order of survey should not begranted. Upon the hearing, and for good cause shown, the judge shall grant anorder directed to some competent disinterested surveyor or mining engineer, orboth, as the case may be, who shall proceed to make the necessary examinationand surveys, as directed by the court, and report their action to the court.The persons selected by the judge to make the survey and examination shall beresidents of the State, and, before entering upon the discharge of their duty,shall take and subscribe an oath that they will fairly and impartially surveythe mines described in the petition. In all other respects, except as statedabove, the surveyors appointed by the judge shall proceed as in surveys indisputed boundaries. (1913, c. 51, s. 2; C.S., s. 6929.)