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30 U.S.C. § 31Oath: agent or attorney in fact, beyond district of claim

submitted 144 years ago by ch. 106 to r/title-30-MINERAL-LANDS-AND-MINING · 98 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says who can swear the oath for an adverse mining claim under section 30. An authorized agent or attorney who knows the facts can swear it instead of the claimant. If the claimant is far away, they can swear it before a local court clerk or notary.

This section explains who can swear the oath for an adverse claim under section 30. Normally you'd expect the adverse claimant to swear it personally. But the law allows a duly authorized agent or attorney in fact to swear it instead — as long as that person actually knows the facts being sworn to. It also covers what happens if the adverse claimant is far away. If the claimant is living outside, or is currently outside, the limits of the district where the mining claim sits, the claimant doesn't have to travel back. Instead, the claimant can swear the oath in front of the clerk of any U.S. court of record, or any state or territorial court of record, in whatever state or territory the claimant happens to be in. The claimant can also swear the oath before any notary public in that state or territory.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.)

history & why it existsrecord from the source credit
  • 1882Enacted · Act of Apr. 26, 1882, ch. 106 · 22 Stat. 49

A history note hasn’t been published yet. The record shows enactment by ch. 106 on 1882-04-26.

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