In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of said mining claim for the purpose of measuring or surveying the same, either upon the surface or in the workings thereof, peaceably, and without molestation; the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the same was done.
History: Laws 1887, ch. 55, § 1; C.L. 1897, § 2293; Code 1915, § 3467; C.S. 1929, § 88-205; 1941 Comp., § 25-826; 1953 Comp., § 22-8-26.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The distinction between actions at law and suits in equity has been done away with by Rule 1-002 NMRA, which provides for one form of action only.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28A C.J.S. Ejectment § 138.