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30 U.S.C. § 49e — Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury
Federal law — U.S. Code and appendices · legal_authorities
During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18,
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Source location: Title 30, Chapter 2, § 49e; chapter-002-mineral-lands-and-regulations-in-general.md
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During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed.
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Federal law — U.S. Code and appendices · legal_authorities
The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and indexing annual proofs of work and improvements for each claim so recorded under the provisions of [section 49e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49e&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 49f
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 373, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which set a limit on the amount of homestead entries, was transferred to [section 270–8 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–8&num=0&edition=prelim), Public Lands, and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 374, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which permitted a homestead entry in Alaska notwithstanding a former homestead entry in another state or territory, was transferred to [section 270–9 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–9&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 375, act July 8, 1916, ch. 228, § 2, as added June 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; July 11, 1956, ch. 571, § 1, 70 Stat. 528, which made provision for proof of entry on unsurveyed lands, was transferred to [section 270–10 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–10&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 376, acts Mar. 8, 1922, ch. 96, § 1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, § 1, 72 Stat. 730, which covered claims on land containing coal, oil, and gas, was transferred to [section 270–11 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–11&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–5
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Federal law — U.S. Code and appendices · legal_authorities
Page 23
TITLE 30—MINERAL LANDS AND MINING
§ 49e
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Act May 4, 1934, ch. 211, § 3, 48 Stat. 663, provided that:
‘‘This Act [enacting this section] shall take effect thir-
ty days subsequent to the date of convening of the first
regular session of the Alaska Territorial Legislature
which is held after the passage of this Act [May 4,
1934].’’
Executive Documents
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accom-
plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
§ 49c. Recording notices of location of Alaskan
mining claims
Notices of location of mining claims shall be
filed for record within ninety days from the date
of the discovery of the claim described in the no-
tice, and all instruments shall be recorded in the
recording district in which the property or sub-
ject matter affected by the instrument is situ-
ated, and where the property or subject matter
is not situated in any established recording dis-
trict the instrument affecting the same shall be
recorded in the office of the clerk of the division
of the court having supervision over the record-
ing division in which such property or subject
matter is situated.
(June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.)
Editorial Notes
CODIFICATION
Section is comprised of the proviso of section 15 of
act June 6, 1900, which was formerly classified to sec-
tion 382 of Title 48, Territories and Insular Possessions.
The remainder of section 15, which was formerly classi-
fied to section 119 of Title 48, was omit
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 49e
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