38-02-15. Actions relating to disputed mining property - Surveys ordered - Regulations governing

38-02-15. Actions relating to disputed mining property - Surveys ordered -

Regulations governing.

In an action in any district court of this state wherein the title or right of possession to any

mining claim is in dispute, the court, upon the application of any of the parties to such suit, may

enter an order for such survey of the underground as well as the surface of such part of the

property in dispute as may be necessary to a just determination of the question involved. Such

order must designate some competent surveyor who is not related to any of the parties to such

suit and who is not interested in the result of the same. Upon the application of the party

adverse to such application, the court may appoint some competent surveyor selected by such

adverse applicant, who shall attend upon such survey and observe the method of making the

same. Such second survey must be made at the cost of the party requesting it. Such order may

specify the names of witnesses named by either party, not exceeding three on each side, to

examine such property, and such witnesses may enter into such property and examine the

same. The court may cause the removal of any rock, debris, or other obstacle in any of the drifts

or shafts of such property when such removal is shown to be necessary to a just determination

of the question involved. No order may be made for a survey and inspection except upon notice

of the application for such order of at least six days, and not then except by an agreement of the

parties or upon the affidavit of two or more persons that such survey and inspection are

necessary to the just determination of the suit. Such affidavit must state the facts in the case

and wherein the necessity for the survey exists. Such order may not be made unless it appears

that the party asking for the same had been refused the privilege of survey and inspection by

the adverse party.