1. If any person, copartnership, association or corporation shall be or shall claim to be the owner or owners, or entitled to the possession or enjoyment, of any mine, mines, mining claim, claims or premises, then in the possession of some other person, copartnership, association or corporation claiming to be the owner or owners or entitled to the possession thereof, and mining, shipping and treating or selling the ore therefrom, the person, copartnership, association or corporation may, if the person, copartnership, association or corporation shall intend or desire to hold purchasers of or those intending to purchase such ore or ores responsible for the value thereof, serve or cause to be served upon such purchaser or purchasers, or intending purchaser or purchasers, a notice in writing, which shall contain:
(a) The name of the mine, mines, mining claim, claims or premises.
(b) The name of the person, copartnership, association or corporation claiming or asserting ownership or right to the possession or enjoyment thereof.
(c) The name or names of the person, copartnership, association or corporation in possession of and mining, shipping and selling ore therefrom.
(d) A warning to such purchaser or purchasers, or intending purchaser or purchasers, that he, she, they or it will be held liable and responsible for all ore or ores by him, her, them or it purchased and delivered or to be purchased and delivered from such mine, mines, mining claim, claims or premises by such person, copartnership, association or corporation, or his, her, their or its heirs, assigns or agents subsequent to the service of such notice.
2. Within 30 days from and after the service of such notice, the person, copartnership, association or corporation serving or causing to be served the same shall:
(a) Institute an action to enforce his, her, their or its title in some court of competent jurisdiction against the person, copartnership, association or corporation in possession of and mining and shipping ore from such mine, mines, mining claim, claims or premises, and to enjoin him, her, them or it from the mining or shipment and sale of ores taken therefrom pending such action; and
(b) At once notify such purchaser or purchasers or intending purchaser or purchasers of such ore or ores of the pendency of such action.
3. If the notice required by this section shall be served after an action shall have been instituted, it shall not be necessary to commence another under the provisions hereof.
[3:167:1907; RL § 2489; NCL § 4187]
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