New Mexico § 69-3-26 - Trespass against person rightfully in possession

§ 69-3-26. Trespass against person rightfully in possession

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 employee 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 employees 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.