70-19-204. Order for inspection or survey. (1) Whenever a person has any right to or interest in any lead, lode, or mining claim that is in the possession of another person and it is necessary for the ascertainment, enforcement, or protection of that right or interest that an inspection, examination, or survey of the lead, mine, lode, or mining claim should be made or whenever any inspection, examination, or survey of the lead, mine, lode, or mining claim is necessary to protect, ascertain, or enforce the right or interest of any person in another lead, mine, lode, or mining claim and the person in possession of the other lead, mine, lode, or mining claim refuses for a period of 3 days after demand in writing to allow the inspection, examination, or survey to be had or made, the demanding party may present to the district court of the county in which the lead, mine, lode, or mining claim is located a petition under oath setting out the party's interest in the premises, describing the premises, setting out that the premises are in the possession of a party, naming the party, setting out the reason why the examination, inspection, or survey is necessary, and setting out the demand made on the person in possession to permit the examination, inspection, or survey and the person's refusal.
(2) The court or judge shall appoint a time and place for hearing a petition and shall order notice to be served upon the adverse party. The notice must be served at least 1 day before the day of hearing. At the hearing, either party may read affidavits or produce oral testimony, and if the judge is satisfied that the facts stated in the petition are true, the judge shall make an order for an inspection, examination, or survey of the lead, mine, lode, or mining claim in question in a manner, at a time, and by persons that are mentioned in the order. Upon the order the person shall have free access to the lead, mine, lode, or mining claim for the purpose of making the inspection, examination, or survey, and any interference with the person while acting under the order is contempt of court.
(3) If the order of the court is made while an action is pending between the parties to the order, the costs of obtaining the order must await the result of the action, but all costs of making the examination or survey must be paid by the petitioner.
History: En. Sec. 8, p. 10, L. 1881; re-en. Sec. 376, 1st Div. Comp. Stat. 1887; re-en. Sec. 1317, C. Civ. Proc. 1895; re-en. Sec. 6876, Rev. C. 1907; re-en. Sec. 9494, R.C.M. 1921; re-en. Sec. 9494, R.C.M. 1935; R.C.M. 1947, 93-6218; amd. Sec. 2132, Ch. 56, L. 2009.