§ 38. — Evidence of possession and work to establish right to patent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC38]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 38. Evidence of possession and work to establish right to
patent
Where such person or association, they and their grantors, have held
and worked their claims for a period equal to the time prescribed by the
statute of limitations for mining claims of the State or Territory where
the same may be situated, evidence of such possession and working of the
claims for such period shall be sufficient to establish a right to a
patent thereto 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, in the
absence of any adverse claim; but nothing in such sections shall be
deemed to impair any lien which may have attached in any way whatever to
any mining claim or property thereto attached prior to the issuance of a
patent.
(R.S. Sec. 2332.)
References in Text
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, referred to in text, were
in the original ``this chapter'', meaning chapter 6 of title 32 of the
Revised Statutes, consisting of R.S. Secs. 2318 to 2352.
Codification
R.S. Sec. 2332 derived from act July 9, 1870, ch. 235, Sec. 13, 16
Stat. 217.
Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 24, 29, 33, 37, 39, 40, 42,
46, 47, 48, 102 of this title; title 16 section 460mm-1.
