444.020. Failure to post statement of conditions, effect--rights of miners.
Failure to post statement of conditions, effect--rights of miners.
444.020. 1. Whenever any such owner or lessee of realestate shall permit any person or persons, other than theirservants, agents, or employees, to enter and dig for lead ore orother minerals on such real estate, with his consent, but withoutsuch owner or lessee complying with the provisions of section444.010, and such person or persons having so entered upon saidlands by the permission or consent of such owner or lessee asaforesaid, and having in good faith dug or opened any shaft,mine, quarry, prospect or deposit of mineral, or extended oropened from any shaft or mine any room, drift, entry or otherexcavation, he or they shall have the exclusive right as againstsuch owner or lessee giving such permit or consent, and againstany person claiming by, through or under such owner or lessee, tocontinue to work, mine and dig such shaft, mine, prospect ordeposit of mineral so dug or opened by him or them as aforesaid,in said real estate, with a right-of-way over such lands for thepurpose of such mining, for the term of three years from the dateof the giving of such consent or permit; provided, however, thatif such person or persons, in each case so mining as aforesaid,shall fail or neglect to work or cause to be worked such shaft,mine, quarry, prospect or deposit of mineral for ten days, notincluding Sundays, in any one calendar month, after commencingsaid work, he or they shall forfeit all rights to work, mine orhold the same as against such owner or lessee, unless suchfailure or neglect was caused by unavoidable circumstances, or bythe act of such owner or lessee or his agent, or unless suchowner or lessee consent thereto; provided further, that suchperson or persons, so mining as aforesaid, shall pay to the owneror lessee of said lands giving such permit or consent the royaltyfor mining thereon, at least once every month, if demanded bysuch owner or lessee, by delivering the same to him at or nearthe mouth or opening of such mine, shaft or quarry, or at thenearest usual place of business of such owner or lessee, or atany other place that may be agreed upon by such miner and owneror lessee; which said royalty, unless otherwise agreed upon bythem, shall be the same in kind and proportionate amount as ispaid by others mining the same kind of ore or mineral on saidlands to such owner or lessee, or the value of such royalty incash; and if there be no other person mining on said lands onterms prescribed by such owner or lessee, then he or they shallpay to such owner or lessee the same rate and kind of royalty onlead ore or minerals taken out by him or them as is paid byminers on lands nearest thereto belonging to other persons, orthe value of such royalty in cash.
2. Such owner or lessee of any real estate shall have a lienon all minerals taken or dug therefrom for the royalty duethereon until the same is paid; and if any such person or personsso mining shall refuse or fail to pay such royalty to such owneror lessee, or his agent, when demanded as aforesaid, he or theyshall thereby forfeit the right to work such mine, shaft, quarry,prospect or deposit of mineral, and the said owner or lessee maythereupon enter and take possession of the same.
(RSMo 1939 § 14784)Prior revisions: 1929 § 13594; 1919 § 7437; 1909 § 8409