§ 40. — Verification of affidavits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC40]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 40. Verification of affidavits
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.
(R.S. Sec. 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
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. 2335 derived from act May 10, 1872, ch. 152, Sec. 13, 17
Stat. 95.
Amendments
1925--Act Mar. 3, 1925, affected words in first sentence of text,
now reading ``before the register of the land office.'' Such words
formerly read ``before the register and receiver of the land-office.''
Such act is treated more fully in note under section 29 of this title.
Transfer of Functions
Office of register of district land office abolished and all
functions of register transferred to Secretary of the Interior, or to
officers and agencies of Department of the Interior as Secretary may
designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5,
Government Organization and Employees.
See also note set out under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 24, 29, 33, 37, 38, 39, 42,
46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title
25 section 640d-10; title 43 sections 1712, 1714, 1732.
