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30 U.S.C. § 38 — Evidence of possession and work to establish right to patent
Federal law — U.S. Code and appendices · legal_authorities
Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under 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), in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.
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Source file: Laws/federal/codes/united-states-code/title-30/section-38-evidence-of-possession-and-work-to-establish-right-to-patent--a07bc842eb.md
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Source location: Title 30, Chapter 2, § 38; chapter-002-mineral-lands-and-regulations-in-general.md
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Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under 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), in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
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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
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. § 38
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