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30 U.S.C. § 40 — Verification of affidavits
Federal law — U.S. Code and appendices · legal_authorities
All affidavits required to be made 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) may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given.
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Stable record: federal_law:legal_authorities:record_usc_f00a773afe7d806e0c0980b8
Source file: Laws/federal/codes/united-states-code/title-30/section-40-verification-of-affidavits--0cf2af0322.md
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Passage SHA-256: 09134af81a380d010e11e36ab46725292cea084a95d25cc5c8d9f68d57d0a707
Source location: Title 30, Chapter 2, § 40; chapter-002-mineral-lands-and-regulations-in-general.md
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All affidavits required to be made 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) may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given.
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Federal law — U.S. Code and appendices · legal_authorities
A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim 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), having claimed and located a piece of land for such purposes, who has, or have, complied with the terms 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), may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the Director of the Bureau of Land Management, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to su
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 29
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be designated the United States Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate; and there shall also be in the said bureau such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to carry out the purposes of sections 1, 3, and 5 to 7 of this title in accordance with the appropriations made from time to time by Congress for such purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 661
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Federal law — U.S. Code and appendices · legal_authorities
Page 19
TITLE 30—MINERAL LANDS AND MINING
§ 40
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.
§ 39. Surveyors of mining claims
The Director of the Bureau of Land Manage-
ment may appoint in each land district con-
taining mineral lands as many competent sur-
veyors as shall apply for appointment to survey
mining claims. The expenses of the survey of
vein or lode claims, and the survey and subdivi-
sion of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices, shall be paid
by the applicants, and they shall be at liberty to
obtain the same at the most reasonable rates,
and they shall also be at liberty to employ any
United States deputy surveyor to make the sur-
vey. The Director of the Bureau of Land Man-
agement shall also have power to establish the
maximum charges for surveys and publication of
notices 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; and, in case of excessive charges
for publication, he may designate any newspaper
published in a land district where mines are sit-
uated for the publication of mining notices in
such district, and fix the rates to be charged by
such paper; and, to the end that the Director
may be fully informed on the subject, each ap-
plicant shall file with the register a sworn state-
ment of all charges and fees paid by such appli-
cant for publication and surveys, together with
all fees and money paid the register of the land
office, which statement shall be transmitted,
with the other papers in the case, to the Direc-
tor of
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 40
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