§ 34-44-108 — Notice to tenants - contents - effect

(1) Any tenant in common
of any mine who commences to work the same without the consent of the other
tenants in common and who desires to avail himself of the benefits of this article
shall give a written notice to the other tenants in common interested in said mine
stating his intention to work said mine. The notice shall describe the property by
name, patent survey number, or book and page of the recorded location certificate,
or other certain description, and shall give the name and post-office address of the
working tenant, or the name and post-office address of the lessee where the
proposed work is to be done under lease, the general plan, the date of commencing
said mining operation, and the probable duration thereof, and shall invite the other
tenants in common of said mine to join in said operation.

(2) Such notice shall be served, within ten days after its date, upon all other
tenants in common by delivering a copy personally, or by depositing the same in the
mail, postage prepaid, addressed to such person at his last-known address. If any
tenant in common cannot be served in this manner within ten days after the date of
said notice, the notice shall be recorded within twenty days after its date in the
office of the recorder of the county in which said mine is situated, and such record,
from and after its recording, shall be constructive notice to all persons not
otherwise notified.

(3) Any tenant in common in said mine shall have the right, within twenty
days after the receipt of said notice by him personally, or within thirty days after
the record of said notice in case he has not otherwise received notice or obtained
knowledge of said mining operation, to join in said mining operation to the extent of
his proportionate interest in said mine, upon giving to the working tenant written
notice of his intention so to do, and upon paying to the working tenant his
proportionate part of the expenditures and expenses of said mining operation from
the date of commencing work to the date of so joining in said mining operation.

(4) In the event that any working tenant does not give the notice provided in
this section, and serve or record the notice as provided in this section, he shall be
denied any rights, benefits, or remedies created or conferred by this article, and
shall have only such rights and remedies and be under such duties and liabilities as
existed by law prior to April 13, 1923.

Legislative History

Source: L. 23: p. 454, � 6. CSA: C. 92, � 13. CRS 53: � 92-23-6. C.R.S. 1963: � 92-23-6.