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. TERMINATION OF HOSTILITIES Cessation of hostilities of World War II was proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No. 2714, set out as note under section 601 of Title 50, Appendix, War and National Defense. § 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-ofway 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.) § 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-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.) § 28d. 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-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.) § 28e. Same; recordation of deferment. Claimant shall file or record or cause to be filled 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-28e of this title, and of the order or decision disposing of such petition. (June 21, 1949, ch. 232, § 4, 63 Stat. 215.) § 29. Patents; procedure to obtain. 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 21-24, 2628, 29, 30, 33-48, 50-52, and 71-76 of this title, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of said sections, 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, 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 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 sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 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. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. AMENDMENTS 1925-Act Mar. 3, 1925, affected words, in first sentence of text, now reading "United States supervisor 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 note under section 481 of Title 5, Executive Departments and Government Officers 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. § 30. Adverse claim; proceedings and subsequent filing of judgment roll by successful claimant. 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 Rcorg. 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 note under section 481 of Title 5, Executive Departments and Government Officers 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. § 31. Same; oath of claimant. 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.) § 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.) FEDERAL RULES OF CIVIL PROCEDURE Continuation of section under rule 54, see note by Advisory Committee under rule 54, 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 sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 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. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. 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. § 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.) DERIVATION Act May 10, 1872, ch. 152, § 8, 17 Stat. 94. 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 surveyor-general." 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 note under section 481 of Title 5, Executive Departments and Government Officers and Employees. "Chief Cadastral Engineer" was substituted for "supervisor of surveys" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See rote under section 1 of Title 43, Public Lands. CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. § 35. Placer claims conforming entry to legal subdivisions and surveys; limitation of claims. 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. (R. S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) CROSS REFERENCES Alaska, mining laws relating to placer claims extended to, see section 381a of Title 48, Territories and Insular Possessions. Building stone lands, see section 161 of this title. Michigan, Minnesota and Wisconsin mineral lands, see sec ion 48 of this title. Saline lands, see section 162 of this title. § 36. Same; subdivisions of 10-acre tracts; maximum of placer locations. Legal subdivisions of forty acres may be subdiIvided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous 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 nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. (R. S. § 2330; Mar. 3, 1891, ch. 561, 4, 26 Stat. 1097.) DERIVATION Act July 9, 1870, ch. 235, § 12, 16 Stat. 217. 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. CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. § 37. Same; proceedings for patent. Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries 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 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 of this title, 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 embracing 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 placer 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.) DERIVATION Act May 10, 1872, ch. 152, § 11, 17 Stat. 94. Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. CROSS REFERENCES Annual assessment labor upon oil lands located as placer mining claims, see section 102 of this title. Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. Petroleum, mineral oil or gas lands, patents, see section 103 of this title. § 38. Evidence of possession and work to establish 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 working of the claims for such period shall be sufficient to establish a right to a patent thereto under sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 of this title, in the absence of any adverse claim; but nothing in said 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 patent. (R. S. § 2332.) DERIVATION Act July 9, 1870, ch. 235, § 13, 16 Stat. 217. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. 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 United States Chief Cadastral Engineer may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision 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 survey. The Director of the Bureau of Land Management shall also have power to establish the maximum charges for surveys and publication of notices under sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 of this title; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated 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 applicant shall file with the Manager a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the Manager of the land office, which statement shall be transmitted, with the other papers in the case, to the Director of the Bureau of Land Management. (R. S. § 2334; 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, § 12, 17 Stat. 95. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. AMENDMENTS 1925-Act Mar. 3, 1925, affected words in first sentence of text, now reading "The United States supervisor of surveys," and words in third sentence of text, now reading "money paid the register of the Land Office." Such words formerly read "the surveyor-general of the United States," and "and money paid the register and the receiver of the land-office." Such act is treated more fully in note 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 note under section 481 of Title 5, Executive Departments and Government Officers 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 Alabama lands. see section 171 of this title. § 40. Verification of affidavits. All affidavits required to be made under sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 of this title 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 Manager 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 Manager of the land office as published nearest to the location of such land; and the Manager shall require proof that such notice has been given. (R. S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 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, § 13, 17 Stat. 95. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. AMENDMENTS 1925-Act Mar. 3, 1925, affected words in first sentence of text, now reading "before the register of the land office." Such words formerly read "before the register and receiver of the land-office." Such act is treated more fully in note 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 note under section 481 of Title 5, Executive Departments and Government Officers and Employees. References to "register" were changed to “Manager" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands. § 41. Intersecting or crossing veins. Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R. S. § 2336.) DERIVATION Act May 10, 1872, ch. 152, § 14, 17 Stat. 96. § 42. Patents for nonmineral lands. (a) Where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by sections 21-24, 26-28, 29, 30, 33-48, 50-52, and 71-76 of this title for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section. (b) Where nonmineral land is needed by the proprietor of a placer claim for mining, milling, processing, beneficiation, or other operations in connection with such claim, and is used or occupied by the proprietor for such purposes, such land may be included in an application for a patent for such claim, and may be patented therewith subject to the same requirements as to survey and notice as are applicable to placers. No location made of such nonmineral land shall exceed five acres and payment for the same shall be made at the rate applicable to placer claims which do not include a vein or lode. (R.S. § 2337; Mar. 18, 1960, Pub. L. 83-390, 74 Stat. 7.) DERIVATION Act May 10, 1872, ch. 152, § 15, 17 Stat. 96. REFERENCES IN TEXT Sections 44 and 45 of this title, included within the references in text to sections 33-48 of this title, were omitted from the Code as obsolete. AMENDMENTS 1960-Pub. L. 86-390 designated existing provisions as subsec. (a) and added subsec. (b). |