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30 U.S.C. § 40Verification of affidavits

submitted 101 years ago by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets mining-claim affidavits be sworn before local officials, not just the land office. Testimony in land disputes can also be taken before those officials. If a dispute involves whether land is mineral or farmland, notice can be given by mail or newspaper.

This section is one undivided rule. Affidavits required under the listed mining-claim sections can be sworn before any officer who is authorized to administer oaths and is located within the same land district as the claim — they don't have to go through the land office register. The same goes for testimony and proof: they can be taken before that local officer instead. Once the officer certifies that testimony, it counts exactly as if it had been taken before the register of the land office. When a dispute involves whether land is mineral or agricultural, the testimony can be taken after giving the other side personal notice of at least ten days. If that party cannot be found, notice can instead be published at least once a week for thirty days in a newspaper — chosen by the land office register as the paper published closest to the land. The register must be shown proof that this notice was actually given before the testimony counts.
the actual law source: uscode.house.gov ↗public domain

All affidavits required to be made under 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1925Enacted · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1145

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