§40 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Affidavits needed by various land-claim rules and one related federal rule may be sworn before any officer who can give oaths in the land district where the claim is located. That officer can take testimony and evidence, and if they certify it, it counts the same as if taken before the land-office register. If there is a dispute about whether land is mineral or agricultural, the other party must get at least 10 days’ personal notice. If the person cannot be found, notice can be published at least once a week for 30 days in the nearest newspaper the register names, and the register must have proof that notice was given.

Title 30, §40

Mineral Lands and Mining — Source: USLM XML via OLRC

All affidavits required to be made under section 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 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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. § 2335 derived from act May 10, 1872, ch. 152, § 13, 17 Stat. 95.

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.

Executive Documents

Transfer of Functions

Office of register of district land office abolished and all functions of register transferred to Secretary of the Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title.

§40 Verification of affidavits