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 [42-4-26, 42-4-27, 42-4-28 NMSA 1978], 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.
History: Laws 1887, ch. 55, § 4; C.L. 1897, § 2296; Code 1915, § 3470; C.S. 1929, § 88-208; 1941 Comp., § 25-829; 1953 Comp., § 22-8-29.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
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.]