30 U.S.C. § 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 affecting construction of application and scope of patent

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in plain englishAI-generated · not legal advice

This law tells miners how to patent a placer claim that also contains a vein or lode. They must apply for the placer patent and state that it includes the vein. The patent then covers both, but the vein or lode portion costs more per acre.

If the same person, association, or corporation owns a placer claim that also contains a vein or lode of minerals within its boundaries, they must apply for a patent on the placer claim and state in the application that it includes the vein or lode. In that case, a patent issues for the placer claim — including the vein or lode — subject to the rules in 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. The applicant must pay $5 per acre for the vein or lode claim, which also covers twenty-five feet of surface on each side of it. The rest of the placer claim — or any placer claim that does not include a vein or lode — is paid for at $2.50 per acre, plus all the costs of the patent proceedings. If a vein or lode of the kind described in section 23 is known to exist inside a placer claim's boundaries, but the application for a patent on the placer claim does not also apply for the vein or lode, that is treated as a conclusive declaration that the placer claimant has no right to possess the vein or lode. But if no one knew a vein or lode existed inside the placer claim, a patent on the placer claim conveys every valuable mineral and other deposit within its boundaries — vein or lode included.

the actual law source: uscode.house.gov ↗public domain

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, 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 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.

Source credit: (R.S. § 2333.)

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