Id.-who are stockholders. 3474 §3463. EJECTMENT FOR RECOVERY OF MINING CLAIMS, SEC. 20. An action of ejectment will lie for the recovery of the possession of a mining claim, as well as also of any real estate, where the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained. §3464. CONTESTED CLAIMS—EJECTMENT - POSSESSION IMMATERIAL. SEC. 21. That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person or persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the Land Office of the United States, such person, persons, company or corporation may bring a suit of ejectment in the district court of the county in which the mine or mining claim is situated, for the recovery of the same, whether in or out of possession of such mine or claim, and the question as to who was in possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of said mine or claim. §3465. Id. - SPECIAL VERDICT OR FINDINGS EFFECT OF PENDENCY OF SUIT. SEC. 22. The court, in an action for the recovery of a mine or mining claim where a patent is applied for, and the contest is pending in the land office of the United States, may, upon motion of either party to the suit, require the jury to return a special verdict, if tried by a jury; if not, then by a judge trying the same shall make a special finding as to the particular interest each party owns in the mine or claim in dispute, under and by virtue of the mining laws of the United States, which special verdict or finding shall be entered into the judgment and upon the record of the court trying the same: Provided, however, There shall be no special verdict by the court or jury, except where the evidence shows both parties to the suit to have a bona fide interest in the mine or claim sued for: And, provided further, That no third person who may have entered upon such mining claim or any part thereof, for the purpose of locating or claiming the same before or during such litigation in the district court growing out of any contest in any United States land office in this state, shall acquire any interest either at law or in equity in the claim or any part thereof in dispute, and shall be deemed and declared a trespasser or trespassers, unless he or they have been, or may, during the pendency of such litigation in the district court resulting from such contest in the United States land office, by a proper application to the court, be made party or parties to such suit adverse to either of such litigants, or both, or shall have taken such legal steps to assert his or their claim in a court of competent jurisdiction within six months after the commencement of such contest in the United States land office. §3466. Id.—WORKING MINE DURING PENDENCY—-WASTE. SEC. 23. That nothing in the two preceding sections shall prohibit the working and development of a mine or mining claim by either party in interest who may be in possession of the mine or claim during the pendency of the suit, nor prohibit any one from bringing action for damages, or a suit in equity to prevent waste. §3467. Id.-MEASUREMENTS AND SURVEYS-RIGHT OF EN TRY. SEC. 24. In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of said mining claim for the purpose of measuring or surveying the same, either upon the surface or in the workings thereof, peaceably, and without molestation; the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the same was done. SEC. 25. The right to go upon and enter said mining claim shall be extended to the party applying therefor, as well as a surveyor and two chain carriers. §3469. Id.-NOTICE OF DESIRE TO ENTER. SEC. 26. Before any person may enter upon or go into the workings of such mine without the consent of the person or corporation in possession, he shall give not less than five days' notice in writing to such person in possession, or to his agent or manager, and if the possession is held by a corporation, said notice shall be served upon the president, agent or manager of such corporation, or upon the foreman in charge of the mine, that at a certain date, specified in said notice, he desires to enter upon or go into the workings of said mine, as the case may be, for the purpose of surveying and taking a measurement of the same, in order that he may be able to present the facts on the trial. §3470. Id.-REFUSING ENTRY-EFFECT-REMEDY. SEC. 27. 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, 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. §8471. Id.-ADMISSIBILITY OF EVIDENCE. SEC. 28. The competency, relevancy and effect of such survey and measurement, as evidence, shall be governed by the ordinary rules of evidence in civil cases. §3472. RIGHT OF ENTRY BY STOCKHOLDER. SEC. 29. Any person owning stock in any corporation or company owning or operating mines in this State, shall at any time during the business hours of the day, have the right to enter in and upon any and all mines of such corporation or company, and all underground workings connected therewith for the purpose of examining the same. SEC. 30. Every corporation or company or officer or agent of such corporation or company who shall refuse to allow upon demand, any person owning stock in such corporation or company, to enter such mines, as in the preceding section provided, shall be guilty of a misdemeanor, and the corporation or company shall forfeit and pay to the party injured a penalty of one hundred dollars for every such refusal, and all damages resulting therefrom. §3474. Id.—WHO ARE STOCKHOLDERS. SEC. 31. The words "any person owning stock" as used in the preceding sections shall be taken and considered to mean stockholders, whose names appear on the stockbook of the company as owners of stock, and none others. §3475. PERSONS IN POSSESSION-INJUNCTIONS AGAINST SEC. 32. When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this State, and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or corporation shall be deemed to be the rightful possessor of such mining claim, and of the land included therein; and any person or the officer, agent or employe of any corporation who shall by force, intimidation, fraud or stealth, or in the temporary absence of the rightful possessor enter upon such mining claim with intent to hold the same, or any part thereof, against the rightful possessor shall be considered a trespasser, and the judge of the district court for the district in which such claim is situated shall, upon the proper showing of such facts made by affidavit or by oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said district court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue, enjoining and restraining such trespasser, his servants, agents and employes, and any person associated with him, from in any manner interfering with the rightful possessor in the possession of such claim until the final disposition of such cause. ARTICLE III. RECORD OF MILLS AND SMELTERS. Section 3476 Ore purchases and receipts-records to be kept. SE 33. That every person, association or corporation that shab engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing orcs in the State of New Mexico, shall keep and preserve a book in which shall be entered at the time of the delivery of each lot of ore: First. The name of the party on whose behalf such ore is delivered, as stated. Second. The name of the teamster, packer or other persons actually delivering such ore, and the name of the owner of the team or pack train delivering such ore. Third. The weight or amount of each lot of ore. Fourth. The name and location of the mine or claim from which it shall be stated that the same has been mined or procured. Fifth. The date of delivery of any and all lots or parcels of ore. SEC. 34. Whenever affidavit shall have been made before any justice of the peace or notary public in any county in this state by any person, that ore has been stolen from him, stating as near as may be the amount and value of the ore stolen, such person upon presentation of a certified copy of such affidavit shall have access to such books, and may examine the entries which may have been made therein during a period of twelve months next preceding the filing of such affidavit. §3478. Id.-FAILURE TO KEEP BOOK—LIABILITY. SEC. 35. Every person, association or corporation that shall fail or refuse to keep the book required by the terms of section 3476, or shall fail or refuse to make any proper entry therein, or who shall refuse to any person who may be entitled to the same, as provided by the preceding section, the right of inspection thereof, shall forfeit and pay for each and every violation of the provisions of said section, a penalty of not less than fifty, nor more than three hundred dollars, to be collected by action of debt at the suit of any person who may have made the necessary affidavit provided for in the preceding section, to entitle such per |