30 U.S.C. § 37 — Proceedings for patent where boundaries

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 Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.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. Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. § 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 af- fecting construction of application and scope of patent Where the same person, association, or cor- poration is in possession of a placer claim, and also a vein or lode included within the bound- aries 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, 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 em- bracing 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, is known to exist within the boundaries of a placer claim, an application for a patent for such plac- er 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. (R.S. § 2333.) 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. § 2333 derived from act May 10, 1872, ch. 152, § 11, 17 Stat. 94. § 38. Evidence of possession and work to estab- lish right to patent 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 work- ing of the claims for such period shall be suffi- cient 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, 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 pat- ent. (R.S. § 2332.) 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. § 2332 derived from act July 9, 1870, ch. 235, § 13, 16 Stat. 217.