Statute 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 her
agent or attorney, shall be presented to the district court of the proper
county during termtime, or to the judge thereof in vacation, in which it
shall be made to appear that such person shall have good reason to believe
that any other person or persons, corporation or corporations, are without
authority encroaching upon the land of the person aggrieved, whether the
same be held by lease or otherwise, and are mining or taking coal, rock or
limestone therefrom, it shall be the duty of the said court or judge to
order and direct the county surveyor to survey the mine or mines of the
person or persons, corporation or corporations accused thereof, for the
purpose of ascertaining the truth thereof; the party applying for such
survey to first give bond in such sum as may be deemed sufficient by said
court or judge, and the same to be at the time approved by said court or
judge, conditioned for the payment of the payment of the costs of said
survey.
History: L. 1877, ch. 127, § 1; R.S. 1923, 49-101;
L. 1967, ch. 296, § 1; July 1.