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30 U.S.C. § 37 — Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge affecting construction of application and scope of patent
Federal law — U.S. Code and appendices · legal_authorities
Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in [section 23 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section23&num=0&edition=prelim), is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.
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Stable record: federal_law:legal_authorities:record_usc_9d8086234b8f01df5599a722
Source file: Laws/federal/codes/united-states-code/title-30/section-37-proceedings-for-patent-where-boundaries-contain-vein-or-lode-application--ad4f9913c6.md
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Passage SHA-256: eb3a8004277c6731ed05ec67c7dfbeb0e3653a726fd182900ad16e1d2023c903
Source location: Title 30, Chapter 2, § 37; chapter-002-mineral-lands-and-regulations-in-general.md
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Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in [section 23 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section23&num=0&edition=prelim), is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.
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Federal law — U.S. Code and appendices · legal_authorities
Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
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Federal law — U.S. Code and appendices · legal_authorities
Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located prior to May 10, 1872, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the 10th day of May 1872, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the 10th day of May 1872 render such limitation necessary. The end lines of each claim shall be parallel to each other.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 23
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Federal law — U.S. Code and appendices · legal_authorities
Page 18
TITLE 30—MINERAL LANDS AND MINING
§ 36
sions, survey and plat shall be made as on
unsurveyed lands; and where by the segregation
of mineral land in any legal subdivision a quan-
tity of agricultural land less than forty acres re-
mains, such fractional portion of agricultural
land may be entered by any party qualified by
law, for homestead purposes.
(R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat.
1097.)
Editorial Notes
CODIFICATION
R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10,
17 Stat. 94.
Statutory Notes and Related Subsidiaries
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.
§ 36. Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agri-
cultural lands; sale of improvements
Legal subdivisions of forty acres may be sub-
divided into ten-acre tracts; and two or more
persons, or associations of persons, having con-
tiguous claims of any size, although such claims
may be less than ten acres each, may make joint
entry thereof; but no location of a placer claim,
made after the 9th day of July 1870, shall exceed
one hundred and sixty acres for any one person
or association of persons, which location shall
conform to the United States surveys; and noth-
ing in this section contained shall defeat or im-
pair any bona fide homestead claim upon agri-
cultural lands, or authorize the sale of the im-
provements of any bona fide settler to any pur-
chaser.
(R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
Editorial Notes
CODIFICATION
R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
Statut
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 37
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