Hereafter in any suit or action pending in any of the courts of this state, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and subject to relocation, the party or parties to any such suit out of possession, upon petition to the court in which suit or action is pending, showing that such annual assessment work has not been done on or before the first day of November in the year during which such work is required to be done, shall be entitled to an order as of course in such suit or action, permitting such party or parties to enter in and upon such mine or mining claims, with their agents and laborers, and to do and perform such annual assessment work to prevent the said mining claim or claims from becoming subject to relocation: provided, that in the doing of such work, no ore shall be removed from the boundaries of such mining claim.
History: Laws 1905, ch. 83, § 1; Code 1915, § 3455; C.S. 1929, § 88-111; 1941 Comp., § 25-824; 1953 Comp., § 22-8-24.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28A C.J.S. Ejectment § 57 et seq.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 4 - Ejectment and Recovery of Real Property
Section 42-4-1 - [When ejectment maintainable.]
Section 42-4-2 - [Wrongful ouster and detention of realty or mining claim.]
Section 42-4-3 - [Principles apply to equity suits.]
Section 42-4-4 - [Parties to action.]
Section 42-4-5 - [Contents of complaint.]
Section 42-4-6 - [Defendant's pleadings; plaintiff's reply.]
Section 42-4-7 - [Ultimate facts authorizing recovery.]
Section 42-4-8 - [Action between cotenants; ouster to be shown.]
Section 42-4-9 - [Rents and profits recoverable as damages.]
Section 42-4-10 - [Title expiring pendente lite; judgment.]
Section 42-4-11 - [Judgment for plaintiff.]
Section 42-4-12 - [Writ of possession.]
Section 42-4-13 - [Execution; judgment for damages and costs.]
Section 42-4-14 - [Improvements and mesne profits; time; claims; notices.]
Section 42-4-17 - [Remedy of person deprived of possession of improvements; time; value; lien.]
Section 42-4-19 - [Sale of improvements.]
Section 42-4-20 - [Reversionary clause in deed; improvements; liens; waiver of claim.]
Section 42-4-22 - [Special verdict or findings; entry on mining land pending suit.]
Section 42-4-23 - [Working mine pending suit; waste.]
Section 42-4-24 - [Assessment work pending suit; retention of ore.]
Section 42-4-25 - [Effect of performing assessment work pending suit.]
Section 42-4-26 - [Measurements and surveys of mine pending suit; authorization; expenses.]
Section 42-4-27 - [Who may enter for measurements and surveys.]