444.150. Written permission of owner required--violation--provisions for payment of fine.
Written permission of owner required--violation--provisions forpayment of fine.
444.150. Any person or persons who shall in person or bytheir servant, agent or employee, dig, excavate, mine, tunnel ordrift upon or under the lands or lots of another, within thecorporate limits or designated boundaries of any city, town orvillage in this state, and every officer and stockholder thatshall either authorize or permit its servants, agents oremployees to dig, excavate, mine, tunnel or drift upon or underthe lands or lots of another within such limits or boundaries ofsuch city, town or village, without the written permission of theowner or owners of such land or lots, shall be deemed guilty of amisdemeanor, and shall be punished, on conviction, for every suchoffense, by fine of not less than five hundred dollars, withcosts, which fine and costs, if not paid within five days afterconviction, may be sued for and recovered against the parties andsureties on the mining bond of such persons, company orcorporation liable for such acts, in a suit upon such bond, inthe name of the state of Missouri, to the use of the county inwhich such offense is committed; such fine, when collected, shallbe paid, one-half to the owner of the property injured by suchoffense and the other half into the school fund of such county;but no such conviction shall be a bar to the owner of suchproperty prosecuting a suit on said bond to his own use for thedamages sustained by any such offense. Every such conviction,whether appealed from or not, shall work a forfeiture of theauthority to mine granted such person, company or corporationliable, and they shall not proceed further with the operations,except by making application and giving a new bond as in thefirst instance.
(RSMo 1939 § 14799)Prior revisions: 1929 § 13609; 1919 § 7452; 1909 § 8424