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mining claim, which is in possession of another person, company or corporation, and for which a cause is pending in a court of record, bringing into question the right or title to the same, and it shall be necessary for the ascertainment, enforcement or protection of such right or interest, that an inspection, examination or survey of such mine, lead, lode or mining claim, should be had or made, or whenever an inspection, examination or survey of any mine, lead or lode or mining claim shall be necessary to ascertain, protect or enforce the right or interest of any person, company or corporation, in any other mine, lead, lode or mining claim, and the person, company or corporation in possession of such mine, lead, lode or mining claim, of which an inspection, examination or survey is necessary, shall refuse, after three days' demand thereof, in writing, to allow or permit such inspection, examination or survey to be had or made, the party company or corporation desiring an inspection, examination or survey of such mine, lead, lode or mining claim, may present to the district court, or the judge thereof, of the county where the mine, lead, lode or mining claim, of which an inspection, examination or survey is desired is situated, a petition under oath, setting out his or their right to, or interest in, such mine, lead, lode or mining claim, describing it, the possession thereof, or of another mine, lead, lode or mining claim, of which an inspection, examination or survey is necessary by another company or corporation, the reason why it is necessary that such inspection, examination or survey should be had or made, the demand made on the person, company or corporation in possession, to allow or permit such inspection, examination or survey, and his or their refusal to allow or permit the same, and asking an order for the inspection, examination or survey of such mine, lead, lode or mining claim, the court or

judge may thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served on the adverse party, company or corporation, which notice shall be served at least three days before the day of hearing. At the time and place appointed, the court or judge shall proceed to hear the petition. Either party

may read affidavits on the hearing in the same manner, and subject to the same rules, as on application to dissolve an injunction. If the court or judge be satisfied that the facts stated in the petition are true, an order shall be made for an inspection, examination or survey of the mine, lead, lode or mining claim in question, in such manner, at such time, and by such persons as are mentioned in the order. Such persons shall thereupon have free access to such mine, lead, lode or mining claim, for the purpose of such inspection, examination or survey, in conformity with the order of the court or judge, and any interference with such persons while acting under such order, shall be contempt of court and punished accordingly; provided, that only three witnesses beside the surveyor shall be admitted on the part of the petitioner, and the costs of the proceeding shall abide the result of the suit.1

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1 Code, Col., p. 144.

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$ 250. Pleadings in possessory action-Complaint. -SEC. 249. The plaintiff, in his complaint, shall set forth the nature and extent of his estate in the property or if such plaintiff claims the legal right to occupy and possess the premises under the local laws and rules of any mining district, or of the United States, the state of Colorado, or otherwise, the complaint shall contain a brief statement of such possessory claim, and whether the right claimed is by pre-emption or purchase,

or by right of actual prior possession on the public domain of the United States. *

Code Col., p. 97.

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§ 251. The answer.-SEC. 250. The answer to a complaint filed under this chapter shall either specifically deny the material allegations of the complaint or may disclaim any interest in or possession of the property claimed, or any part thereof. The answer may also state, generally as in the complaint, the character of the estate in the premises, or any part thereof, which the defendant claims, or any right of possession or occupancy he claims.1 SEC. 258. If the defendant files or makes any other answer or defense than a disclaimer of title or right of possession, it shall not be necessary for the plaintiff to prove him in possession of the premises at the time of the commencement of the action, or at any other time.2

1 Code Col., p. 97.

2 Code Col., p. 100.

§ 252. No abatement of damages on account of improvements.-SEC. 254. * * * And in case such premises recovered be a lode, vein, or mining claim, the defendant shall not be entitled to any offset for any timbering, cribbing, improvements, or developments made upon the same; neither shall the damages be abated or lessened by reason of such improvements or developments.1

1 Code Col., p. 99. By this section it is also provided that in actions for possession of real property the party against whom judgment is rendered may, by paying all costs, be entitled to a new trial.

§ 253. Injunctions.-SEC. 2. No writ of injunction shall issue out of the district court upon the order of either the county judge or county court, in case of the

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senate by appointment. Section three requires the commissioner to keep a seal of office, bearing the words "Commissioner of Mines of the State of Colorado." Section four makes it his duty to collect information concerning the production and reduction of minerals in the State; to examine and inquire into the different modes of treating ores, and the relative merits of inventions for mining and metallurgical purposes. By section five he is authorized in person or by deputy to visit mines and examine them, to determine their safety. Section six makes it his duty to notify the owners of dangerous mines wherein they are dangerous, and require the necessary changes to be made without delay. In case of accident in such mine, subsequent to notice, a certified copy thereof shall be prima facie evidence of culpable negligence on the part of the owner complained of. Section seven requires the officer to correspond and keep reports in his office showing the condition of different branches of the mining industry of the state. Section eight makes it his duty to collect specimens. By section nine, to make assays, keep records, and pay proceeds of assays into state treasury. The fees prescribed for assays are: For stone, $1; gold and silver, $2; zinc, lead or copper, $2; analysis of coal, $10; analysis of ores, $5 to $10; analysis of minerals, $3 to $10; analysis of mineral water, not more than $30. For failure to comply with the provisions of the section, as to his keeping a record of receipts and accounting for the money, he may be fined, not to exceed five hundred dollars. Section ten makes it his duty to visit annually in person or by deputy each mining county in the state to examine mines. By section eleven he is to report annually to the governor. By section twelve he is also to examine coal mines every six months, and see that no children under fourteen years of age are therein employed. By section thirteen his

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