Section 45-4-17 - Order of circuit court requiring survey of disputed mining claim--Designation of surveyors--Witnesses to examine property. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-04 > Statute-45-4-17

45-4-17. Order of circuit court requiring survey of disputed mining claim--Designation of surveyors--Witnesses to examine property. Such order shall designate some competent surveyor not related to any of the parties to such suit or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor to be selected by such adverse applicant whose duty it shall be to attend upon such survey and observe the method of making the same at the cost of the party asking therefor. It shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall be allowed to enter into such property and examine the same.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117.

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-04 > Statute-45-4-17

45-4-17. Order of circuit court requiring survey of disputed mining claim--Designation of surveyors--Witnesses to examine property. Such order shall designate some competent surveyor not related to any of the parties to such suit or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor to be selected by such adverse applicant whose duty it shall be to attend upon such survey and observe the method of making the same at the cost of the party asking therefor. It shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall be allowed to enter into such property and examine the same.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-04 > Statute-45-4-17

45-4-17. Order of circuit court requiring survey of disputed mining claim--Designation of surveyors--Witnesses to examine property. Such order shall designate some competent surveyor not related to any of the parties to such suit or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor to be selected by such adverse applicant whose duty it shall be to attend upon such survey and observe the method of making the same at the cost of the party asking therefor. It shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall be allowed to enter into such property and examine the same.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117.