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.