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30 U.S.C. § 35 — Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land

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30 U.S.C. § 35 — Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land

Claims usually called “placers,” including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands. And where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the 10th day of May 1872, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead purposes.

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Source location: Title 30, Chapter 2, § 35; chapter-002-mineral-lands-and-regulations-in-general.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1303 — Amendment, modification, or repeal of other laws

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

30 U.S.C. § 35 — Placer claims; entry and proceedings for

Page 17 TITLE 30—MINERAL LANDS AND MINING § 35 § 32. Findings by jury; costs If, in any action brought pursuant to section 30 of this title, title to the ground in con- troversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in con- troversy until he shall have perfected his title. (Mar. 3, 1881, ch. 140, 21 Stat. 505.) § 33. Existing rights All patents for mining claims upon veins or lodes issued prior to May 10, 1872, shall convey all the rights and privileges conferred by sec- tions 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 where no adverse rights existed on the 10th day of May, 1872. (R.S. § 2328.) Editorial Notes REFERENCES IN TEXT 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, referred to in text, were in the original ‘‘this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2352. CODIFICATION R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9, 17 Stat. 94. Provision of this section respecting prosecution of ap- plications for patents for mining claims in General Land Office, pending May 10, 1872, was omitted from the Code. § 34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the pub- lic survey, but need not conform therewith; but where pat

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