reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.875 - Bond may be required, conditioned on compliance with subpoena, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 13 Jun 1995, see footnote
443.875. Bond may be required, conditioned on compliance with subpoena, when. —
When it appears to the director that the compliance with a subpoena or subpoena duces tecum issued or caused to be issued by the director pursuant to sections 443.871 to 443.877 is essential to an investigation or examination, the director, in addition to the other remedies provided for in sections 443.871 to 443.877, may apply for relief to the circuit court of the county in which the subpoenaed person resides or has the person's principal place of business. The court shall thereupon direct the issuance of an order against the subpoenaed person requiring sufficient bond conditioned on compliance with the subpoena or subpoena duces tecum. The court shall cause to be endorsed on the order a suitable amount of bond or payment pursuant to which the person named in the order shall be freed, having a due regard to the nature of the case.
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(L. 1994 S.B. 718 § 26 subsec. 3, A.L. 1995 H.B. 63, et al.)
Effective 6-13-95
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.877 - Writ of attachment authorized on failure to comply with subpoena.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 13 Jun 1995, see footnote
443.877. Writ of attachment authorized on failure to comply with subpoena. —
In addition to the other provisions of sections 443.871 to 443.877, the director may seek a writ of attachment or an equivalent order from the circuit court having jurisdiction over the person who has refused to obey a subpoena, who has refused to give testimony or who has refused to produce the material described in the subpoena duces tecum.
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(L. 1994 S.B. 718 § 26 subsec. 4, A.L. 1995 H.B. 63, et al.)
Effective 6-13-95
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.879 - Reports required, failure to comply, penalty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, 2 histories, see footnote
443.879. Reports required, failure to comply, penalty. —
1. In addition to any reports required pursuant to sections 443.701 to 443.893, every licensee shall file such other reports as the director shall request.
2. Any residential mortgage loan broker or any officer, director, employee or agent of any residential mortgage loan broker who fails to file any reports required by sections 443.701 to 443.893 or who shall deliberately, willfully or knowingly make, subscribe to or cause to be made any false entry with intent to deceive the director or the director's appointees or who shall purposely cause delay in filing such reports shall be deemed guilty of a class A misdemeanor.
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(L. 1994 S.B. 718 § 27, A.L. 1995 H.B. 63, et al., A.L. 2001 S.B. 538, A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.883 - Director to maintain a staff capable of investigations — licensees to open record for investigators.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.883. Director to maintain a staff capable of investigations — licensees to open record for investigators. —
The director shall at all times maintain staff and facilities adequate to receive, record and investigate complaints and inquiries made by any person concerning sections 443.701 to 443.893 and any licensees licensed pursuant to the provisions of sections 443.701 to 443.893. Each licensee shall open the licensee's books, records, documents and offices wherever situated to the director or the director's appointees as needed to facilitate such investigations.
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(L. 1994 S.B. 718 § 29, A.L. 1995 H.B. 63, et al., A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.885 - Report to be filed with director annually, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.885. Report to be filed with director annually, contents. —
On or before March first of each year, each residential mortgage loan broker, except exempt persons shall file a report with the director which shall disclose the following information with respect to the immediately preceding calendar year:
(1) A list of home mortgages granted, issued, originated or closed during the report period, with respect to which such licensee has had any connection. The list shall show for each census tract, in regions where such census tracts have been established and by zip code in all other regions, the number and aggregate dollar amount of applications for and the number granted and aggregate dollar amount of:
(a) Conventional mortgage loans;
(b) Mortgage loans insured under the National Housing Act, 12 U.S.C. 1701, et seq.; and
(c) Mortgage loans guaranteed under the provisions of the Federal Veterans' Benefits Act, 38 U.S.C. 3710, et seq.;
(2) List by zip code in those areas having no census tract:
(a) The total number of home mortgages on real estate situated in this state with respect to which the licensee has had any connection and which are in default on the last day of the reporting period; and
(b) The total number of claims paid during the reporting period on home mortgages with respect to which the licensee has had any connection, including the date of the first default thereon and the date each such foreclosure proceeding was instituted;
(3) If the director finds that another report that the licensee is required to compile is equivalent to the annual report of mortgage activity, then the director may accept such report as fulfilling the reporting requirements of this section;
(4) The director may also require by rule that licensees report such additional information as is necessary to assure compliance with the provisions of sections 443.701 to 443.893.
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(L. 1994 S.B. 718 § 30, A.L. 1995 H.B. 63, et al., A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.887 - General rulemaking powers of director.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, 2 histories, see footnote
443.887. General rulemaking powers of director. —
1. In addition to such other powers as may be prescribed by sections 443.701 to 443.893, the director may promulgate rules consistent with the purpose of sections 443.701 to 443.893, including, but not limited to:
(1) Such rules in connection with the activities of licensees as may be necessary and appropriate for the protection of consumers in this state;
(2) Such rules as may be necessary and appropriate to define improper or fraudulent business practices in connection with the activities of licensees;
(3) Such rules as may define the terms used in sections 443.701 to 443.893 and as may be necessary and appropriate to interpret and implement the provisions of sections 443.701 to 443.893; and
(4) Such rules as may be necessary for the enforcement of sections 443.701 to 443.893.
2. The director may make such specific ruling, demands and findings as the director may deem necessary for the proper conduct of the mortgage lending industry.
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(L. 1994 S.B. 718 § 31, A.L. 1995 H.B. 63, et al., A.L. 2001 S.B. 538, A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.889 - Court action to recover compensation for services, proof that services performed by valid licensee required, exception.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.889. Court action to recover compensation for services, proof that services performed by valid licensee required, exception. —
Unless exempt from licensure pursuant to the provisions of sections 443.701 to 443.893, no person engaged in, or offering to engage in, any act or service for which a license is required pursuant to the provisions of sections 443.701 to 443.893 may bring or maintain any action in any court of this state to collect compensation for the performance of the licensable services without alleging and proving that the person was the holder of a valid residential mortgage license issued pursuant to the provisions of sections 443.701 to 443.893 at all times during the performance of such services.
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(L. 1994 S.B. 718 § 32, A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.893 - Receiver or conservator to be appointed by court, when — attorney general's duty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.893. Receiver or conservator to be appointed by court, when — attorney general's duty. —
When the director makes a finding that a receivership or conservatorship is necessary to protect consumers of a licensee from the consequences of the licensee's failure to comply with the provisions of sections 443.701 to 443.893 or other unsafe and unsound practice, the director shall request the attorney general of this state to petition the circuit court of Cole County or of the county in which the licensee is located to appoint a receiver or conservator for purposes of protecting consumers and resolving the affairs of the licensee.
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(L. 1994 S.B. 718 § 34, A.L. 1995 H.B. 63, et al., A.L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.901 - Reverse mortgage act — definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1995
443.901. Reverse mortgage act — definitions. —
1. Sections 443.901 to 443.912 shall be known and be cited as the "Missouri Reverse Mortgage Act".
2. For the purposes of sections 443.901 to 443.912 the following terms mean:
(1)
"Authorized lender"
or
"lender"
, a lender authorized to engage in business as a bank, savings institution or credit union under the laws of the United States or this state, residential mortgage licensee who is licensed pursuant to sections 443.800 to 443.893 or entity that is an exempt entity pursuant to sections 443.800 to 443.893;
(2)
"Brokered"
, the act of helping to obtain for an investor or other entity, or from an investor or other entity, for a borrower, a residential mortgage loan, including a reverse mortgage loan;
(3)
"Originated"
, advertised, solicited, processed, for which a loan application is taken, or which is closed, committed for, or funded;
(4)
"Principal"
as it relates to reverse mortgages, the total of the net amount paid to, receivable by, contracted for, or paid, or payable, for the account of the borrower, and to the extent payment is deferred, additional charges permitted by sections 443.901 to 443.912;
(5)
"Reverse mortgage loan"
, a loan originated, made or brokered by an authorized lender which:
(a) Is secured by residential real estate property;
(b) Provides cash advances to the borrower based upon the equity in the borrower's owner-occupied principal residence;
(c) Requires no payment of principal or interest until the entire loan becomes due and payable; and
(d) Otherwise complies with the terms of sections 443.901 to 443.912.
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(L. 1995 H.B. 63, et al. § 1)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.906 - Reverse mortgage may be made regardless of certain other transactions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1995
443.906. Reverse mortgage may be made regardless of certain other transactions. —
Reverse mortgage loans may be made or acquired without regard to the following provisions for other types of mortgage transactions:
(1) Limitations on the purpose and use of future advances or any other mortgage proceeds;
(2) Limitations on future advances to a term of years, or limitations on the term of credit line advances;
(3) Limitations on the term during which future advances take priority over intervening advances;
(4) Requirements that a maximum mortgage amount be stated in the mortgage;
(5) Prohibitions on balloon payments;
(6) Prohibitions on compound interest;
(7) Interest rate limits under the usury statutes;
(8) Requirements that a percentage of the loan proceeds must be advanced prior to loan assignment.
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(L. 1995 H.B. 63, et al. § 3)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.909 - Treatment of payments for certain purposes.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1995
443.909. Treatment of payments for certain purposes. —
Reverse mortgage loan payments made to a borrower shall be treated as proceeds from a loan and not as income for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals:
(1) Undisbursed funds shall be treated as equity in a borrower's home and not as proceeds from a loan for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals;
(2) This section applies to any law relating to payments, allowances, benefits or services provided on a means-tested basis by this state, including, but not limited to, supplemental security income, low-income energy assistance, property tax relief, medical assistance and general assistance.
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(L. 1995 H.B. 63, et al. § 4)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.912 - Statement regarding counseling services on reverse mortgages.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1995
443.912. Statement regarding counseling services on reverse mortgages. —
No reverse mortgage loan commitment may be made by a lender unless the loan applicant attests in writing that the applicant received from the lender at the time of initial inquiry a statement regarding the advisability and availability of independent information and counseling services on reverse mortgages. Such statement may be in a form developed by the lender or the division of finance.
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(L. 1995 H.B. 63, et al. § 5)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.930 - Prohibited acts — constitutes mortgage fraud — no private right of action created.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2008
443.930. Prohibited acts — constitutes mortgage fraud — no private right of action created. —
1. It is unlawful for a person, in connection with the application for or procurement of a loan secured by real estate to:
(1) Employ a device, scheme, or artifice to defraud;
(2) Make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading;
(3) Receive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section; or
(4) Influence, through extortion or bribery, the development, reporting, result, or review of a real estate appraisal, except that this subsection does not prohibit a mortgage lender, mortgage broker, mortgage banker, real estate licensee, or other person from asking the appraiser to do one or more of the following:
(a) Consider additional property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(c) Correct errors in the appraisal report in compliance with the Uniform Standards of Professional Appraisal Practice.
2. Such acts shall be deemed to constitute mortgage fraud.
3. This section shall not be construed to create a private right of action.
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(L. 2008 H.B. 2188)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.1001 - Citation of law.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2018
443.1001. Citation of law. —
Sections 443.1001 to 443.1007 shall be known and may be cited as the "First-Time Home Buyer Savings Account Act".
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(L. 2018 H.B. 1796)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.1003 - Definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2018
443.1003. Definitions. —
As used in sections 443.1001 to 443.1007, the following terms mean:
(1)
"Account holder"
, an individual who establishes an account with a financial institution that is designated as a first-time home buyer savings account in accordance with section 443.1004;
(2)
"Department"
, the department of revenue;
(3)
"Eligible expenses"
, a down payment and any closing costs included on a real estate settlement statement including, but not limited to, appraisal fees, mortgage origination fees, and inspection fees;
(4)
"Financial institution"
, any state bank, state trust company, savings and loan association, federally chartered credit union doing business in this state, credit union chartered by the state of Missouri, national bank, broker-dealer, mutual fund, insurance company, or other similar financial entity qualified to do business in this state;
(5)
"First-time home buyer"
, an individual who:
(a) Has never owned or purchased under contract for deed, either individually or jointly, a single-family, owner-occupied primary residence including, but not limited to, a condominium unit or a manufactured or mobile home that was assessed and taxed as real property; or
(b) As a result of the individual's dissolution of marriage, has not been listed on a property title for at least three consecutive years;
(6)
"First-time home buyer savings account"
or
"account"
, an account with a financial institution designated as such in accordance with subsection 1 of section 443.1004;
(7)
"Qualified beneficiary"
, a first-time home buyer designated by an account holder for whose eligible expenses the moneys in a first-time home buyer savings account are or will be used.
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(L. 2018 H.B. 1796)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.1006 - Annual reporting, forms — rulemaking authority.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2018
443.1006. Annual reporting, forms — rulemaking authority. —
1. The department shall establish forms for an account holder to annually report information about a first-time home buyer savings account including, but not limited to, how the moneys withdrawn from the fund are used and shall identify any supporting documentation that is required to be maintained. To be eligible for the tax deduction under section 143.1150, an account holder shall annually file with the account holder's state income tax return all forms required by the department under this section, the 1099 form for the account issued by the financial institution, and any other supporting documentation the department requires.
2. The department of revenue may promulgate rules and regulations necessary to administer the provisions of the first-time home buyer savings account act. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.
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(L. 2018 H.B. 1796)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.1007 - Financial institutions, actions not responsible or liable for.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2018
443.1007. Financial institutions, actions not responsible or liable for. —
1. No financial institution shall be required to:
(1) Designate an account as a first-time home buyer savings account or designate the beneficiaries of an account in the financial institution's account contracts or systems or in any other way;
(2) Track the use of moneys withdrawn from a first-time home buyer savings account; or
(3) Report any information to the department or any other governmental agency that is not otherwise required by law.
2. No financial institution shall be responsible or liable for:
(1) Determining or ensuring that an account holder is eligible for a tax deduction under section 143.1150;
(2) Determining or ensuring that moneys in the account are used for eligible expenses; or
(3) Reporting or remitting taxes or penalties related to use of moneys in a first-time home buyer savings account.
3. In implementing section 143.1150 and sections 443.1001 to 443.1007, the department shall not establish any administrative, reporting, or other requirements on financial institutions that are outside the scope of normal account procedures.
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(L. 2018 H.B. 1796)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.010 - Mineral land owner to post conditions under which mining operations may be conducted thereon.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.010. Mineral land owner to post conditions under which mining operations may be conducted thereon. —
1. When any person owning real estate in this state, or any person having a leasehold interest in such real estate for mining purposes by lease from the owner thereof, duly acknowledged and recorded in the county wherein the land lies, shall permit any person or persons, other than their servants, agents or employees, to enter and dig or mine thereon for lead, ore or other minerals, with the consent of such owner or owners or lessee, he or they shall keep a printed statement of the terms, conditions and requirements upon which such lands may be mined or prospected, and the time during which the right to mine or prospect thereunder shall continue, posted or hung up in a conspicuous place, in plain, legible characters, in the principal office or place of business of such person or company in the county in which said lands are situated, or in a county contiguous thereto, and shall deliver to any person mining or prospecting, or about to mine or prospect on said lands, and requesting it, a printed copy of such statement.
2. All persons digging or mining on said lands, after the posting up of such statement, shall be deemed to have agreed to and accepted the terms thereof, and shall, together with such owner or lessee, be bound thereby, and upon failure or refusal to comply with the terms, conditions and requirements of such statement, he or they shall forfeit all right thereunder, and the owner or lessee, as aforesaid, of such lands, may reenter thereon and take possession of the same, nor shall the receipt of any ore or mineral by any such owner or lessee, after any such forfeiture has been incurred, be deemed or taken as a waiver of such forfeiture.
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(RSMo 1939 § 14783)
Prior revisions: 1929 § 13593; 1919 § 7436; 1909 § 8408
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.030 - Tender of payment.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.030. Tender of payment. —
Any such person or persons who, by the permission or consent of the owner or lessee of any real estate, and having the right to mine thereon, and having entered and dug or mined thereon any lead ore or other mineral, shall have the right to the exclusive possession of such ore or mineral, except the royalty thereon, which shall be paid as herein provided, until he or they shall be paid or tendered by such owner or lessee of such real estate the then highest market price in cash paid by such owner or lessee for the same kind of ore or mineral dug or mined on said lands, and if no other such ores or minerals are at the time being dug or mined on said lands and sold to such owner or lessee, then the highest price paid for such ore or mineral dug on lands nearest thereto shall be paid or tendered by such owner or lessee in such case, and upon such payment or tender, the absolute right to the possession of such lead ore or other mineral so dug out and mined under the provisions of section 444.020, and for which such payment or tender shall have been made, shall vest in such owner or lessee.
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(RSMo 1939 § 14785)
Prior revisions: 1929 § 13595; 1919 § 7438; 1909 § 8410
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.040 - Notice to owner or lessee.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.040. Notice to owner or lessee. —
If any person or persons having dug or mined lead ore or other mineral, and having the same in his or their possession, and having offered to deliver such mineral according to contract, or paid or tendered the royalty, if any, due thereon, or the value of such royalty in cash, to such owner or lessee of said real estate, or to his agent, shall serve or cause to be served a notice in writing upon such owner or lessee or his agent, by delivering to him a copy thereof, or by leaving a copy thereof at the usual place of abode of such owner, lessee or agent, with some member of the family over the age of fifteen years, stating in such notice the amount of lead ore or other mineral he or they have ready for delivery and requiring such owner, lessee or agent to receive and pay for the same, the said owner or lessee shall, within five days after the service of such notice, receive and pay for such lead ore or other mineral which the said person or persons digging or mining the same may deliver to him, not exceeding the amount named in the notice; and in such case, if such owner or lessee fail or refuse within the time aforesaid to pay for such lead ore or mineral delivered or offered to be delivered to him as aforesaid at the said price, then in that event the said person or persons who dug and mined the same shall thereupon acquire an absolute title to such lead ore or mineral, and may thereupon dispose of the same to any person or in any manner he or they may choose.
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(RSMo 1939 § 14786)
Prior revisions: 1929 § 13596; 1919 § 7439; 1909 § 8411
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.050 - Ownership of ore.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1955
444.050. Ownership of ore. —
All lead ore or other mineral, dug or mined in or upon lands of any person in this state, shall be deemed and held to be the absolute property of the owner or lessee of such lands, except in cases where it is modified, changed or transferred by express contract.
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(RSMo 1939 § 14787, A.L. 1955 p. 655)
Prior revisions: 1929 § 13597; 1919 § 7440; 1909 § 8412
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.060 - Injunction or restraining order — how granted.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.060. Injunction or restraining order — how granted. —
No injunction or restraining order shall be granted by any court or by any judge thereof to enjoin or restrain the working of any mine or mines, or in any manner to interfere with the same, except upon notice first being given to the person working or operating said mine or mines, and sought to be enjoined or restrained, which notice shall be served by delivering to such person a copy thereof, or by leaving a copy thereof at his usual place of abode with a member of the family over the age of fifteen years, at least five days before the day set for the hearing of the application for the injunction; and the court or judge granting such injunction or restraining order shall have the power, upon good cause being shown, to dissolve, vacate or modify any such injunction or restraining order at any time after the same shall have been granted, whether in term time or vacation; provided, that the party applying to such court or judge to dissolve, vacate or modify any such injunction or restraining order shall give due notice to the opposite party of such intended application.
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(RSMo 1939 § 14788)
Prior revisions: 1929 § 13598; 1919 § 7441; 1909 § 8413
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.070 - Mining extending to adjoining lands, how determined.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.070. Mining extending to adjoining lands, how determined. —
When any owner, tenant or subtenant of a lot or lots or tracts of land, shall file with any associate circuit judge within the county in which said lot or lots or tract of land may be situated, his or her affidavit, or the affidavit of any other credible person for them, stating that from knowledge, information or belief, the party or parties owning, controlling or working the adjoining lot or lots or tract of land, and upon which said party or parties are sinking shafts, mining, excavating and running drifts, and that said drifts in which said parties are digging, mining and excavating mineral ore or veins of coal extend beyond the lines and boundaries of said lot or lots or tract of land, owned, controlled or worked by them, and have entered in and upon the premises of the party or parties making said affidavit, or for whom said affidavit is made, the associate circuit judge, after first being tendered his lawful fees, shall issue his written order and deliver or cause the same to be delivered to the county surveyor or his deputy, commanding him, after his reasonable fees have been tendered, to proceed without delay to survey said drift by entering any and all shafts upon said lot or lots or tract of land that he (the surveyor) may see fit, for the purpose of ascertaining the course and distance of said drift or drifts, and to locate the same upon the surface.
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(RSMo 1939 § 14789)
Prior revisions: 1929 § 13599; 1919 § 7442; 1909 § 8414
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.080 - Order to be read.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.080. Order to be read. —
The surveyor shall, before entering upon said duty, read said order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land.
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(RSMo 1939 § 14790)
Prior revisions: 1929 § 13600; 1919 § 7443; 1909 § 8415
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.090 - Refusal to permit survey — penalty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939
444.090. Refusal to permit survey — penalty. —
If said party or parties owning, controlling or working said shaft or shafts on said lot or lots or tract of land shall refuse, hinder or prevent said county surveyor or his deputy and his assistant from entering said shaft or shafts or drifts, to make the survey so ordered by the associate circuit judge, and every person so offending shall, on conviction, be adjudged guilty of a misdemeanor, and punished by imprisonment in the county jail for a term of not exceeding one year, or by fine not exceeding three hundred dollars, or by both said fine and imprisonment.
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(RSMo 1939 § 14791)
Prior revisions: 1929 § 13601; 1919 § 7444; 1909 § 8416
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.100 - Provisions for mining coal in certain cities.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.100. Provisions for mining coal in certain cities. —
No person, company or corporation shall hereafter sink a shaft, mine, tunnel, excavate or drift for coal, or take out any coal of any kind within the corporate limits or designated boundaries of any city, town or village in this state containing one thousand inhabitants or more, without having first applied and filed, and have approved, an indemnity bond as provided for in this chapter; and any person or persons violating the provisions of this section, and any member or stockholder or officer of any company or corporation who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five hundred dollars, or imprisonment in the county jail for not less than six months, or by both such fine and imprisonment.
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(RSMo 1939 § 14794)
Prior revisions: 1929 § 13604; 1919 § 7447; 1909 § 8419
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.110 - Notice of intention to mine — publication required.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 02 Jan 1979, see footnote
444.110. Notice of intention to mine — publication required. —
1. Every person, company or corporation desiring to carry on any of the mining operations provided for in section 444.100 shall give at least thirty days' notice of such intention by notice printed and published in some newspaper printed in such town, city or village wherein such mining operations are proposed to be carried on, or if no newspaper be printed in such city, town or village, then in some newspaper printed in said county, or if no newspaper be printed in such county, then by written or printed handbills posted up in six public places in the city, town or village wherein such mining operations are proposed to be carried on.
2. Such notice shall contain an accurate description of the locality where such mining operations are to be carried on, giving the number of lot and block, and shall also state the nature of such mining operations, and name some day the circuit court in said county is in session when such person, company or corporation will offer for filing and approval the indemnity bond provided for in this chapter.
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(RSMo 1939 § 14795, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 13605; 1919 § 7448; 1909 § 8420
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.120 - Permit from mayor and council — petition to circuit court.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.120. Permit from mayor and council — petition to circuit court. —
On the day mentioned in such notice, the persons, company or corporation proposing to carry on such mining operations must have a permit, in writing, signed by the mayor and a majority of the city council of the town, city, or village in which such mining is proposed, before a permit shall be granted by a circuit court, and shall present their petition to said circuit court, setting out the locality of the proposed mines and the nature and extent of the proposed mining operations, and shall also file with such petition the title papers of such person or company or corporation to the lands on which such mining operations are proposed to be carried on, showing either the fee simple title of such land in such company, or the right to mine beneath or in such land, and shall also contain the names of all persons to be offered as security upon the mining bond of such persons, company or corporation, and shall pray the court to fix and approve the mining bond of such persons or corporation.
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(RSMo 1939 § 14796)
Prior revisions: 1929 § 13606; 1919 § 7449; 1909 § 8421
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.130 - Court to authorize mining operations, when — period of time specified.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.130. Court to authorize mining operations, when — period of time specified. —
The court may, upon such application, hear testimony upon all the matters involved in such application, including testimony upon the solvency and responsibility of the sureties offered, and may hear testimony from any parties interested in the lots and lands in the neighborhood of such proposed mining operations, and if the court is satisfied that the proposers own the land or mining privileges under the land described in their petition, the court shall fix the amount of the bond to be given by such proposers, such bond to be in no case for less than one thousand dollars; and upon the giving and approval of such bond so fixed by the court, the court shall enter its order authorizing the mining operations specified in said petition, and upon the localities therein named, and not elsewhere, for the space of two years, unless in the meanwhile revoked.
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(RSMo 1939 § 14797)
Prior revisions: 1929 § 13607; 1919 § 7450; 1909 § 8422
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.140 - Form of bond required.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.140. Form of bond required. —
Such bond shall be signed by the proposers, and by not less than two sureties, to be approved by said court, residents of the county wherein such mining is to be carried on, and shall be made payable to the state of Missouri, and conditioned that the principal in said bond shall carry on the mining operations proposed in the petition in a careful manner, and the said parties shall not mine, dig, excavate nor take coal or earth from or under any land or lots than that described in the said bond, and shall pay all damages that may be sustained by any and all persons by reason of the violation of any of the conditions of said bond, and any and all charges, fines and penalties that may be levied, assessed against or imposed upon the said proposers, their agents, servants, stockholders, officers or employees, by reason of any violation of the conditions of said bond or any of the provisions of sections 444.100 to 444.180.
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(RSMo 1939 § 14798)
Prior revisions: 1929 § 13608; 1919 § 7451; 1909 § 8423
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.150 - Written permission of owner required — violation — provisions for payment of fine.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.150. Written permission of owner required — violation — provisions for payment of fine. —
Any person or persons who shall in person or by their servant, agent or employee, dig, excavate, mine, tunnel or drift upon or under the lands or lots of another, within the corporate limits or designated boundaries of any city, town or village in this state, and every officer and stockholder that shall either authorize or permit its servants, agents or employees to dig, excavate, mine, tunnel or drift upon or under the lands or lots of another within such limits or boundaries of such city, town or village, without the written permission of the owner or owners of such land or lots, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction, for every such offense, by fine of not less than five hundred dollars, with costs, which fine and costs, if not paid within five days after conviction, may be sued for and recovered against the parties and sureties on the mining bond of such persons, company or corporation liable for such acts, in a suit upon such bond, in the name of the state of Missouri, to the use of the county in which such offense is committed; such fine, when collected, shall be paid, one-half to the owner of the property injured by such offense and the other half into the school fund of such county; but no such conviction shall be a bar to the owner of such property prosecuting a suit on said bond to his own use for the damages sustained by any such offense. Every such conviction, whether appealed from or not, shall work a forfeiture of the authority to mine granted such person, company or corporation liable, and they shall not proceed further with the operations, except by making application and giving a new bond as in the first instance.
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(RSMo 1939 § 14799)
Prior revisions: 1929 § 13609; 1919 § 7452; 1909 § 8424
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.160 - Costs, paid by whom.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.160. Costs, paid by whom. —
The costs attending the giving notice, making application and receiving mining privileges shall all be paid by the person, company or corporation making the same, and no such privilege shall take effect until all such costs be paid.
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(RSMo 1939 § 14800)
Prior revisions: 1929 § 13610; 1919 § 7453; 1909 § 8425
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.170 - Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 02 Jan 1979, see footnote
444.170. Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply. —
1. At periodic times as directed by the circuit court, during the continuance of any mining license, every person, company or corporation carrying on such mining operations shall, at his or its
*
own expense, cause to be made by the county surveyor of the county where such mines are located, and filed with the court, under oath of such surveyor, a complete and true diagram of such mines, showing with reference to the boundaries of such mines, and the lots and lands of neighboring owners, the extent of such mines, their drifts, tunnels and excavations, giving the length and breadth of each drift, bank and tunnel, so as to fully inform the court and parties in interest of the extent and character of such mining operations. Such plats and diagrams shall remain on file with the clerk of such court, and shall not be removed by anyone from the files of such court.
2. Any failure to file the diagram and plat herein provided for, or to make such diagram show all the particulars herein provided for, shall work a forfeiture of the mining privileges of such person, company or corporation, which forfeiture the court shall, on the motion of any party in interest, declare on three days' notice to the party holding such license or privilege.
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(RSMo 1939 § 14801, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 13611; 1919 § 7454; 1909 § 8426
Effective 1-02-79
*Word "their" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.180 - Certain sections apply only to coal mining companies.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939
444.180. Certain sections apply only to coal mining companies. —
In no case shall sections 444.100 to 444.170 be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal.
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(RSMo 1939 § 14802)
Prior revisions: 1929 § 13612; 1919 § 7455; 1909 § 8427
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.320 - Mining under public highways and railroads prohibited.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1939, 2 histories
444.320. Mining under public highways and railroads prohibited. —
No person or persons, firm or association of persons, company or corporation shall, within this state, mine or excavate beneath the surface of any public highway or railroad right-of-way, in such manner as to cause the surface of the ground over which such public highway or railroad track is constructed to cave in.
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(RSMo 1939 § 14803)
Prior revisions: 1929 § 13613; 1919 § 7456; 1909 § 8428
CROSS REFERENCE:
Temporary abandonment of public road for mining purposes, 229.420 to 229.450
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.330 - Penalty for violation of section 444.320.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1939, 2 histories
444.330. Penalty for violation of section 444.320. —
Any person, firm, company, association or corporation violating the provisions of section 444.320, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual, found guilty of a violation thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not to exceed one year, or suffer both penalties.
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(RSMo 1939 § 14804)
Prior revisions: 1929 § 13614; 1919 § 7457; 1909 § 8429
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.350 - Citation of law.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.350. Citation of law. —
Sections 444.352 to 444.380 may be known and cited as the "Metallic Minerals Waste Management Act".
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(L. 1989 H.B. 321 § 1)