49-101. Survey of mine upon order of court; affidavit; bond for costs.
49-101
49-101. Survey of mine upon order of court; affidavit; bond for costs. Whenever an affidavit properly verified by the person aggrieved, or his or heragent or attorney, shall be presented to the district court of the propercounty during termtime, or to the judge thereof in vacation, in which itshall be made to appear that such person shall have good reason to believethat any other person or persons, corporation or corporations, are withoutauthority encroaching upon the land of the person aggrieved, whether thesame be held by lease or otherwise, and are mining or taking coal, rock orlimestone therefrom, it shall be the duty of the said court or judge toorder and direct the county surveyor to survey the mine or mines of theperson or persons, corporation or corporations accused thereof, for thepurpose of ascertaining the truth thereof; the party applying for suchsurvey to first give bond in such sum as may be deemed sufficient by saidcourt or judge, and the same to be at the time approved by said court orjudge, conditioned for the payment of the payment of the costs of saidsurvey.
History: L. 1877, ch. 127, § 1; R.S. 1923, 49-101;L. 1967, ch. 296, § 1; July 1.