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shall be extended to the party applying therefor, as well as a surveyor and two chain carriers.

§3469. Id.-NOTICE OF DESIRE TO ENTER.

SEC. 26. Before any person may enter upon or go into the workings of such mine without the consent of the person or corporation in possession, he shall give not less than five days' notice in writing to such person in possession, or to his agent or manager, and if the possession is held by a corporation, said notice shall be served upon the president, agent or manager of such corporation, or upon the foreman in charge of the mine, that at a certain date, specified in said notice, he desires to enter upon or go into the workings of said mine, as the case may be, for the purpose of surveying and taking a measurement of the same, in order that he may be able to present the facts on the trial.

§3470. Id.-REFUSING ENTRY-EFFECT-REMEDY.

SEC. 27. If such person or corporation shall not permit any party in interest in such suit or action, to go upon or enter said mine, as contemplated in the preceding sections, after having been notified in the manner designated, the court may, upon proper showing, verified by affidavit, or otherwise, exclude all evidence offered on the trial by the party so refusing, or render judgment or decree in favor of the party giving such notice: Provided, That the court may, in its discretion, make an order directing the sheriff to go upon the ground with the party applying for the measurement and survey of such mine, and place the person so applying in possession, for the purpose of measuring and surveying the same, in which case the court may direct the payment of costs as may be just and proper.

§3471. Id.-ADMISSIBILITY OF EVIDENCE.

SEC. 28. The competency, relevancy and effect of such survey and measurement, as evidence, shall be governed by the ordinary rules of evidence in civil cases.

$3472. RIGHT OF ENTRY BY STOCKHOLDER.

SEC. 29. Any person owning stock in any corporation or company owning or operating mines in this State, shall at any time during the business hours of the day, have the right to enter in and upon any and all mines of such corporation or company, and all underground workings connected therewith. for the purpose of examining the same.

§3473. Id. PENALTY FOR REFUSAL.

SEC. 30. Every corporation or company or officer or agent of such corporation or company who shall refuse to allow upon demand, any person owning stock in such corporation or company, to enter such mines, as in the preceding section provided, shall be guilty of a misdemeanor, and the corporation or company shall forfeit and pay to the party injured a penalty of one hundred dollars for every such refusal, and all damages resulting therefrom.

§3474. Id.-WHO ARE STOCKHOLDERS.

SEC. 31. The words "any person owning stock" as used in the preceding sections shall be taken and considered to mean stockholders, whose names appear on the stockbook of the company as owners of stock, and none others.

§3475.

PERSONS IN POSSESSION-INJUNCTIONS AGAINST
TRESPASS.

SEC. 32. When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this State, and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or corporation shall be deemed to be the rightful possessor of such mining claim, and of the land included therein; and any person or the officer, agent or employe of any corporation who shall by force, intimidation, fraud or stealth, or in the temporary absence of the rightful possessor enter upon such mining claim with intent to hold the same, or any part thereof, against the rightful possessor shall be considered a trespasser, and the judge of the district court for the district in which such claim is situated shall, upon the proper showing of such facts made by affidavit or by oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said district court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue, enjoining and restraining such trespasser, his servants, agents and employes, and any person associated with him, from in any manner interfering with the rightful possessor in the possession of such claim until the final disposition of such cause.

ARTICLE III. RECORD OF MILLS AND SMELTERS.

Section 3476

Ore purchases and receipts-records to be kept.

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SEC. 33. That every person, association or corporation that shall be engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores in the State of New Mexico, shall keep and preserve a book in which shall be entered at the time of the delivery of each lot of ore:

First. The name of the party on whose behalf such ore is delivered, as stated.

Second. The name of the teamster, packer or other persons actually delivering such ore, and the name of the owner of the team or pack train delivering such ore.

Third. The weight or amount of each lot of ore.

Fourth. The name and location of the mine or claim from which it shall be stated that the same has been mined or procured. Fifth. The date of delivery of any and all lots or parcels of ore.

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SEC. 34. Whenever affidavit shall have been made before any justice of the peace or notary public in any county in this state by any person, that ore has been stolen from him, stating as near as may be the amount and value of the ore stolen, such person upon presentation of a certified copy of such affidavit shall have access to such books, and may examine the entries which may have been made therein during a period of twelve months next preceding the filing of such affidavit.

§3478. Id.-FAILURE TO KEEP BOOK-LIABILITY.

SEC. 35. Every person, association or corporation that shall fail or refuse to keep the book required by the terms of section 3476, or shall fail or refuse to make any proper entry therein, or who shall refuse to any person who may be entitled to the same, as provided by the preceding section, the right of inspection thereof, shall forfeit and pay for each and every violation of the provisions of said section, a penalty of not less than fifty, nor more than three hundred dollars, to be collected by action of debt at the suit of any person who may have made the necessary affidavit provided for in the preceding section, to entitle such per

son to access to such books. In addition to said penalty, any person, association or corporation violating the provisions of the said section shall be liable at the suit of the party or person aggrieved, in the proper form of action, for all damages which may accrue to any party or person by reason of any such violation. And in all actions the fact that a false entry has been made shall be prima facie evidence that the same was made wilfully or knowingly.

§3479.

Id.-IMPROPERLY KEEPING RECORD.

SEC. 36. If any person, association or corporation shall fail or neglect to make the inquiries, necessary to the making of the proper entries in said book as provided by section 3476, or shall so negligently make entries therein that any lot of ore cannot be particularly identified, or so negligently that it cannot be perceived therefrom what person delivered any lot of ore or received the proceeds of the same when purchased, or shall fail to keep such book or shall willfully suffer the same to be lost or mislaid, so that the same cannot be produced for inspection, such failure or neglect shall not excuse any party defendant in any suit brought under the preceding section from judgment for any penalties prescribed by said section.

§3480. PURCHASING STOLEN ORE.

SEC. 37. Any person, association or corporation, or the agent of any person, association or corporation who shall knowingly purchase or contract to purchase, or shall make any payment for or on account of any ore which shall have been taken from any mine or claim, by any person or persons who have taken or may be holding possession of any such mine or claim contrary to law, shall be considered as accessory after the fact to the unlawful holding or taking of such mine or claim, and upon conviction shall be subjected to the same punishment to which the principals may be liable.

Section 3481

ARTICLE IV. RIGHTS OF WAY.

Right of way for tramway or railway-eminent domain. 3482 Id. Notice of application.

3483

3484

3485

3486

3487

3488

3489

Id.-application.

Id.-commissioners-qualifications and oath.
Id.-commissioners--per diem and mileage.

Id.- -assessment of damages-hearing-order of court.
Id.-ore on right of way.

Id.-interference with shafts or tunnels.
Id.-procedure.

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§3481. RIGHT OF WAY FOR TRAMWAY OR RAILWAY-EMINENT DOMAIN.

SEC. 38. That any mine owner or mine owners or any mining corporation, for the purpose of transporting ores to a mill or reduction works of any sort for the reduction of ores, shall have a right of way for a tramway or railway across lands of other persons by condemnation and payment of damages.

§3482. Id.-NOTICE OF APPLICATION.

SEC. 39. In order to acquire said right of way, the applicant or applicants shall give ten days' notice in writing, to be served by a sheriff or constable, to each person owning or having any claim upon the lands to be crossed by the tramway or railway, that the applicant will file before the judge of the district court of said county wherein the land lies, an application to condemn a right of way over such persons' lands.

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SEC. 40. The application shall set out the full name or title of the applicant or applicants and describe the location of the mine or mines he or they are operating or intend to operate, and a description as near as possible of the lands to be crossed by said tramway or railway, and said application shall be accompanied by a plat showing the location and position of said mine or mines and the lands over which said tramway or railway shall run and the course and width of the ground necessary to be condemned and the facts showing the necessity for such tramway or railway.

§8484.

Id.-COMMISSIONERS—QUALIFICATIONS AND OATH. SEC. 41. Upon the presentation of said application to the judge of said court he shall at once order and make the appointment of five commissioners to assess the damages; the commissioners shall be householders of the county wherein the property is situate, and shall make oath upon their appointment, before any official authorized to acknowledge deeds in the State, that each of them is worth the sum of two thousand five hundred dollars over and above all just debts, liabilities and exemptions by law, and said commissioners shall not be of the neighborhood of the mine to be worked.

§3485.

Id.-COMMISSIONERS-PER DIEM AND MILEAGE. SEC. 42. The commissioners shall each be allowed five dollars per day for their services. The applicant shall pay in advance

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