# Mo. Rev. Stat. § 444.040: 444.040 Notice to owner or lessee

> Missouri · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.040

## Section

- **Citation:** Mo. Rev. Stat. § 444.040
- **Heading:** 444.040 Notice to owner or lessee
- **Jurisdiction:** Missouri
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MO Code / Chapter 444 / Section 444.040

## Text

444.040. Notice to owner or lessee. — If any person or persons having dug or mined lead ore or other mineral, and having the same in his or their possession, and having offered to deliver such mineral according to contract, or paid or tendered the royalty, if any, due thereon, or the value of such royalty in cash, to such owner or lessee of said real estate, or to his agent, shall serve or cause to be served a notice in writing upon such owner or lessee or his agent, by delivering to him a copy thereof, or by leaving a copy thereof at the usual place of abode of such owner, lessee or agent, with some member of the family over the age of fifteen years, stating in such notice the amount of lead ore or other mineral he or they have ready for delivery and requiring such owner, lessee or agent to receive and pay for the same, the said owner or lessee shall, within five days after the service of such notice, receive and pay for such lead ore or other mineral which the said person or persons digging or mining the same may deliver to him, not exceeding the amount named in the notice; and in such case, if such owner or lessee fail or refuse within the time aforesaid to pay for such lead ore or mineral delivered or offered to be delivered to him as aforesaid at the said price, then in that event the said person or persons who dug and mined the same shall thereupon acquire an absolute title to such lead ore or mineral, and may thereupon dispose of the same to any person or in any manner he or they may choose.

(RSMo 1939 § 14786) Prior revisions: 1929 § 13596; 1919 § 7439; 1909 § 8411

## Nearby sections

- [Mo. Rev. Stat. § 444.010 444.010 Mineral land owner to post conditions under which mining operations may be ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.010.md)
- [Mo. Rev. Stat. § 444.020 444.020 Failure to post statement of conditions, effect — rights of miners.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.020.md)
- [Mo. Rev. Stat. § 444.030 444.030 Tender of payment.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.030.md)
- [Mo. Rev. Stat. § 444.040 444.040 Notice to owner or lessee.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.040.md)
- [Mo. Rev. Stat. § 444.050 444.050 Ownership of ore.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.050.md)
- [Mo. Rev. Stat. § 444.060 444.060 Injunction or restraining order — how granted.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.060.md)
- [Mo. Rev. Stat. § 444.070 444.070 Mining extending to adjoining lands, how determined.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.070.md)
- [Mo. Rev. Stat. § 444.080 444.080 Order to be read.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.080.md)
- [Mo. Rev. Stat. § 444.090 444.090 Refusal to permit survey — penalty.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.090.md)
- [Mo. Rev. Stat. § 444.100 444.100 Provisions for mining coal in certain cities.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.100.md)
- [Mo. Rev. Stat. § 444.110 444.110 Notice of intention to mine — publication required.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.110.md)
- [Mo. Rev. Stat. § 444.120 444.120 Permit from mayor and council — petition to circuit court.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.120.md)
- [Mo. Rev. Stat. § 444.130 444.130 Court to authorize mining operations, when — period of time specified.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.130.md)
- [Mo. Rev. Stat. § 444.140 444.140 Form of bond required.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MO_C444_S444.040. Check the current official text before relying on it. Not legal advice.
