30 U.S.C. § 49e — Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

submitted 119 years ago by ch. 2559 to r/title-30-MINERAL-LANDS-AND-MINING · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires owners of Alaska mining claims to do at least $100 worth of work or improvements on each claim every year until the government issues a patent for it. Owners can file a sworn affidavit describing that work, which counts as proof it was done. If no affidavit is filed in time, the owner must prove the work happened, and claims where the work isn't done become open for others to claim.

Every year, until a patent is issued, the owner of an Alaska mining claim must do at least $100 worth of labor or improvements on it, benefiting or developing the claim, following existing law. The claim's owner — or anyone else who knows the facts — can file a sworn affidavit with the district recorder describing that work. The affidavit must say: the claim's name or number and location; how many days of work were done and what the improvements were worth; when the work or improvements happened; who paid for the work to be done; and, if the owner didn't do the work personally, how much was actually paid and to whom. If filed on time, this affidavit counts as strong evidence the work was done. But if no affidavit is filed within the deadline, the burden shifts to the claim owner to prove the required annual work happened some other way. If an owner fails to do the required work and improvements, the claim becomes forfeited — meaning it's treated as if no one had ever claimed it, and it opens up for someone else to claim. Affidavits can be sworn before any officer allowed to administer oaths, and the perjury rules in sections 1621 and 1622 of title 18 apply to them. Affidavits must be filed no later than 90 days after the end of the year the work was done.

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

During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed.

Source credit: (Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.)

history & why it existsrecord from the source credit

1907Enacted · Act of Mar. 2, 1907, ch. 2559 · 34 Stat. 1243

A history note hasn’t been published yet. The record shows enactment by ch. 2559 on 1907-03-02.

all 0 arguments · sorted by: best

no arguments yet — make the first case