Section 45-4-18 - Order of circuit court requiring survey of disputed mining claim--Requirements to beobserved in making order--Affidavits as to necessity. - South Dakota Statutes

45-4-18. Order of circuit court requiring survey of disputed mining claim--Requirements to be observed in making order--Affidavits as to necessity. No such order shall be made for survey and inspection except in open court or in chambers upon notice of at least six days, and not then except by agreement of parties or upon the affidavit of two or more persons that such survey and inspection is necessary to the just determination of the suit, which affidavits shall state the facts in such case and wherein the necessity for survey exists; nor shall such order be made unless it appears that the party asking therefor has been refused the privilege of survey and inspection by the adverse party.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117.