444.040. Notice to owner or lessee.
Notice to owner or lessee.
444.040. If any person or persons having dug or mined leadore or other mineral, and having the same in his or theirpossession, and having offered to deliver such mineral accordingto contract, or paid or tendered the royalty, if any, duethereon, or the value of such royalty in cash, to such owner orlessee of said real estate, or to his agent, shall serve or causeto be served a notice in writing upon such owner or lessee or hisagent, by delivering to him a copy thereof, or by leaving a copythereof at the usual place of abode of such owner, lessee oragent, with some member of the family over the age of fifteenyears, stating in such notice the amount of lead ore or othermineral he or they have ready for delivery and requiring suchowner, lessee or agent to receive and pay for the same, the saidowner or lessee shall, within five days after the service of suchnotice, receive and pay for such lead ore or other mineral whichthe said person or persons digging or mining the same may deliverto him, not exceeding the amount named in the notice; and in suchcase, if such owner or lessee fail or refuse within the timeaforesaid to pay for such lead ore or mineral delivered oroffered to be delivered to him as aforesaid at the said price,then in that event the said person or persons who dug and minedthe same shall thereupon acquire an absolute title to such leadore or mineral, and may thereupon dispose of the same to anyperson or in any manner he or they may choose.
(RSMo 1939 § 14786)Prior revisions: 1929 § 13596; 1919 § 7439; 1909 § 8411