July 1, 1934 to July 1, 1935-Act June 13, 1935, ch. 220, 49 Stat. 337.

July 1, 1933 to July 1, 1934- Act May 15, 1934, ch. 289, 48 Stat. 777.

July 1, 1932 to July 1, 1933- -Act May 18, 1933, ch. 33, 48 Stat. 72.

July 1, 1931 to July 1, 1932--Joint Res, June 6, 1932, ch. 210, 47 Stat. 291, as amended by Res. June 30, 1932, ch. 334, 47 Stat. 474.

Jan. 1, 1919 to Dec. 31, 1919-Act Nov. 13, 1919, ch. 106, 41 Stat. 354.

Jan. 1, 1919 to Dec. 31, 1919-Act Aug. 15, 1919, ch. 49, 41 Stat. 279.

Jan. 1, 1917 to Dec. 31, 1918-Joint Res. Oct. 15, 1917, ch. 75, 40 Stat. 343.

April 6, 1917 to Demobilization-Joint Res. July 17, 1917, ch. 39, 40 Stat. 243 (Men in military and naval service excused during service and six months after demobilization).. Jan. 1, 1913 to Dec. 31, 1913-Act Dec. 1, 1913 ch. 39, 38 Stat. 235.

April 21, 1898 to Demobilization-Act July 2, 1898, ch. 563, 30 Stat. 651 (Men in military and naval service excused during service and six months after demobilization). Jan. 1, 1894 to Dec. 31, 1894-Act July 18, 1894, ch. 142, 28 Stat. 114. Jan. 1, 1893 to Dec. 31, 1893-Act Nov. 3, 1893, ch. 12, 28 Stat. 6.

EXTENSION OF TIME

Provisions extending time of annual assessment work on mining claims until the time: listed below were contained in the acts specified:

July 1, 1938, to Sept. 1, 1939-Act June 30, 1939, ch. 257, 53 Stat. 991.

May 10, 1872, to Jan. 1, 1875-Act June 6, 1874, ch. 220, 18 Stat. 61.

May 10, 1872, to June 10, 1874--Act Mar. 1, 1873, ch. 214, 17 Stat. 483.

§ 28b. Annual assessment work on mining claims; temporary deferment; conditions.

The performance of not less than $100 worth of labor or the making of improvements aggregating such amount, which labor or improvements are required under the provisions of section 28 of this title to be made during each year, may be deferred by the Secretary of the Interior as to any mining claim or group of claims in the United States upon the submission by the claimant of evidence satisfactory to the Secretary that such mining claim or group of claims is surrounded by lands over which a right-of-way for the performance of such assessment work has been denied or is in litigation or is in the process of acquisition under State law or that other legal impediments exist which affect the right of the claimant to enter upon the surface of such claim or group of claims or to gain access to the boundaries thereof. (June 21, 1949, ch. 232, § 1, 63 Stat. 214.)

CODIFICATION

Section was enacted as part of act June 21, 1949 (classified to section 28b to 28e of this title), and not as a part of "Mineral Lands and Mining Resources" provisions (Chapter Six to Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28c, 28d, 28e of this title.

$ 28c. Same; length and termination of deferment.

The period for which said deferment may be granted shall end when the conditions justifying deferment have been removed: Provided, That the initial period shall not exceed one year but may be renewed for a further period of one year if justifiable conditions exist: Provided further, That the relief available under sections 28b to 28e of this title is in addition to any relief available under any other Act of Congress with respect to mining claims. (June 21, 1949, ch. 232, § 2, 63 Stat. 215.)

CODIFICATION

Section was enacted as part of act June 21, 1949 (classified to sections 28b to 28e of this title), and not as a part of "Mineral Lands and Mining Resources" provisions (Chapter Six of Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28d, 28e of this title.

828d. Same; performance of deferred work.

All deferred assessment work shall be performed not later than the end of the assessment year next subsequent to the removal or cessation of the causes for deferment or the expiration of any deferments granted under sections 28b to 28e of this title and shall be in addition to the annual assessment work required by law in such year. (June 21, 1949, ch. 232, § 3, 63 Stat. 215.)

CODIFICATION

Section was enacted as part of act June 21, 1949 (classified to sections 285 to 28e of this title), and not as a part of "Mineral Lands and Mining Resources" provisions (Chapter

Six of Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28b, 28e of this title.

§ 28e. Same; recordation of deferment.

Claimant shall file or record or cause to be filed or recorded in the office where the notice or certificate of location of such claim or group of claims is filed or recorded, a notice to the public of claimant's petition to the Secretary of the Interior for deferment under sections 28b to 28e of this title, and of the other or decision disposing of such petition. (June 21, 1949, ch. 232, § 4, 63 Stat. 215.)

CODIFICATION

Section was enacted as part of act June 21, 1949 (classified to sections 28b to 28e of this title), and not as a part of "Mineral Lands and Mining Resources" provisions (Chapter Six of Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28b, 28d of this title.

§ 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant's agent for execution of application and affidavits.

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 this chapter and sections 71 to 76 of this title, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter and sections 71 to 76 of this title, 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 United States Chief Cadastral Engineer, 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, togther 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 Manager 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 such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the Manager a certificate of the United States Chief Cadastral Engineer that $500 worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the` sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the Manager of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of $5 per acre. and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter and sections 71 to 76 of this title. Where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits. (R. S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act May 10, 1872, ch. 152, § 6, 17 Stat. 92.

CODIFICATION

Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes. The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 to 45), 46 to 48, 50 to 52, and 71 to 76 of this title.

AMENDMENTS

1925-Act Mar. 3, 1925, affected words, in first sentence of text, now reading "United States supevisor of surveys," and words, in next to last sentence of text, now reading "register of the proper land office." Those words formerly read "United States surveyor general" and "register and receiver of the proper land office," respectively. This act abolished the office of surveyor general, and transferred to and consolidated with the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys, the administration, equipment, etc., of such office, and consolidated the offices and functions of the register and receiver.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, § § 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Chief Cadastral Engineer" was substituted for "supervisor of surveys" and "manager" for "register" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands.

CROSS REFERENCES

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. Prescott National Forest, issuance and scope of patents affecting lands, see section 482a of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 48, 49 of this title. §30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants' filing of judgment roll certificate of labor and description of claim in and office and acreage and fee payments; issuance of patents for entire or partial claims upon certification of land office proceedings and judgment roll; alienation of patent title.

Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the Manager of the land office, together with the certificate of the United States Chief Cadastral Engineer that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the Manager $5 per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the Manager to the Director of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the United States Chief Cadastral Engineer whereupon the Manager shall certify the proceedings and judgment roll to the Director of the Bureau of Land Management, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a

patent for a mining claim to any person whatever. (R.S. § 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

DERIVATION

Act May 10, 1872, ch. 152, § 7, 17 Stat. 93.

AMENDMENTS

1925-Act Mar. 3, 1925, affected words, in third and fourth sentences of text, now reading "United States supervisor of surveys", and words, in third sentence of text, now reading "pay to the register $5 per acre." Such words formerly read "surveyor-general", and "pay to the receiver five dollars per acre", respectively. Such act is treated more fully in notes under section 29 of this title.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, § § 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Director of the Bureau of Land Management" was substituted for "Commissioner of the General Land Office", "Chief Cadastral Engineer" for "supervisor of surveys", and "manager" for "register" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands.

CROSS REFERENCES

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31, 32, 48, 49 of this title.

§ 31. Same; oath; agent or attorney in fact, beyond district of claim.

The adverse claim required by section 30 of this title may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or of the State or Territory where the adverse claimant may then be, or before any notary public of such State or Territory. (Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.)

CODIFICATION

Section was not enacted as a part of "Mineral Lands and Mining Resources" provisions (Chapter Six of Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

§ 32. Same; findings by jury; costs.

If, in any action brought pursuant to section 30 of this title, title to the ground in controversy 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 controversy until he shall have perfected his title. (Mar. 3, 1881, ch. 140, 21 Stat. 505.)

CODIFICATION

Section was not enacted as a part of "Mineral Lands and Mining Resolutions" provisions (Chapter Six of Title XXXII of the Revised Statutes) classified to this chapter and sections 71 to 76 of this title. See note under section 24 of this title.

FEDERAL RULES OF CIVIL PROCEDURE

Continuation of section under rule 54, see note by Advisory Committee under rule 34, Title 28, Appendix, Judiciary and Judicial Procedure.

Judgment and costs, see rule 54.

§ 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 this chapter and sections 71 to 76 of this title where no adverse rights existed on the 10th day of May, 1872. (R.S. § 2328.)

DERIVATION

Act May 10, 1872, ch. 152, § 9, 17 Stat. 94.

CODIFICATION

Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title.

CODIFICATION

Provision respecting prosecution of applications for patents for mining claims in General Land Office, pending May 10, 1872, was omitted from the Code as executed.

CROSS REFERENCES

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 48, 49 of this title.

§ 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 public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the United States Chief Cadastral Engineer in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and the United States Chief Cadastral Engineer in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. R.S. § 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) DERIVATION

Act May 10, 1872, ch. 152, § 8, 17 Stat. 94.

AMENDMENTS

1925-Act Mar. 3, 1925, affected words now reading "United States supervisor of surveys" in first and second sentences of text. These words formerly read "the surveyorgeneral." This act abolished the office of surveyor general, and transferred to and consolidated with the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys, the administration, equipment, etc., of such office.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3 §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Chief Cadastral Engineer" was substituted for "supervisor of surveys" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands.

CROSS REFERENCES

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 48, 49 of this title.

§ 35. Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; imitation 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

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