§ 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.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC37]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 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
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.
(R.S. Sec. 2333.)
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. 2333 derived from act May 10, 1872, ch. 152, Sec. 11, 17
Stat. 94.
Section Referred to in Other Sections
This section is referred to in sections 24, 29, 33, 38, 39, 40, 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.
