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LegalText 30 U.S.C. § 40 Verification of affidavits us united_states_code code_section 30 MINERAL LANDS AND MINING 2 MINERAL LANDS AND REGULATIONS IN GENERAL 40 30 U.S.C. § 40 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc30@119-100.zip /us/usc/t30/s40 data/legal/raw/us/code/title-30/usc30.xml 193f3fd881d2ddd4eabc9d8ca2d1cacad764417f9dc9e8122846f7720142d9b3 355f8eb5c6ad5372de4a8e665d9ed90202d53d2aac19ac001d43948af4a4dd2f 3670038f08219ba73605dc19a4b3c7c63b3331d8b99a09fae53cd62ef579ca2e 2026-07-04 official
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30 U.S.C. § 40 - Verification of affidavits

Text

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. § 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.)

Notes

Editorial Notes

References in TextSections 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. §§ 2318 to 2352.

Codification R.S. § 2335 derived from act May 10, 1872, ch. 152, § 13, 17 Stat. 95.

Amendments1925—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.

Executive Documents

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, § 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.