Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1872-10-10
MINERAL LAND TITLES.

To the courtesy of .Adolphus Waltz,
Esq, L. S. Land Register at Carson
City, we are indebted for the follow
ing Important decisions relative to the
procurement Of titles TO mineral lands.
BY the last instruction 1t will be per-
ceived that the general ruling does not
effect town lots in Gold Hill, a con-
gratulatory circumstance to our citi-
zens.
WASHINGTON. D.. e. Aug. 81, 1872.
Register and Receiver, Carson City,
Nevada. Gentlemen In reply to the
Receivers letter Of the l2ih instant. |
have to state that the circular OF July
90. 1872. applies to the State Of NJ,
vada !; the only exceptions being Mich
igan. Wisconsin, Minnesota, Califor.
mia and the Territory Of Dakota.
Therefore all filings based OH settle
ment prior to April II, 1870, expired
OH the l4th ult. By several Depart
mental decisions il has been held that
parties who apply to prove up after
the expiration Of the statutory liIni-
tation may DO permitted to do so. pro.
vided no adverse claims have inter-
vened. 4 claimant cannot be allowed
to iile q second time for the same land,
on expiration of the legal period al
lowed for entry. alleging 4 new settle
ment. Such a declaration would be n
manifest contradiction in terms of the
facts alleged in his flllug already of
record. and would amount to a Stulti-
iication Of the claimant, which this
office canuo: lcSaIly'permit.
II parties, therefore, allow the legal
limit to escape without making proof
and payment, they do so at their own
peril, aud cannot be protected after
such ircieS against an adverse intereS'
legally acquired. On the contrary the
law will be strictly applied in favor Of
such adverse claimant, anu his legal
right will be secured to him whenever
he shall present himself in conformity
with the requirements Of law and
demand its recognition.
have further to advise you or n
point which 1t appears IS not clearly
understood That 4 declaratory filing
Is not and never has been a legal bar
TO the filing of any other person or to
disposal Of the land by homestead or
other lawful entry or by State selec-
ton. In such case the claim OF the
pre-emptor Is paramount and will
defeat the subSequentdispoSal or filing.
if he complies with the law, and duly
proves no his claims within the period
allowed by statute. After such period
has elapsed. his filing ceases BY opera
ton Of law to stand as an adverse
right; and the next legal claim In
order of time will take precedence.
The law Is for the protection of the
settler during its own period OF limita-
ton. After that he Is merely per-
mitted to conSumma;e his claim In the
absence OF any other right except OF
the United States. TO secure protcc-
ton he must comply with the statute
under which he claims within the time
aud In the manner prescribed BY its
terms ; and In case OF failure. 1t Is
wisely provided that he who next in
order Shall so comply. shall! be pre-
ferred in its administration.
The decision Of the Supreme Court
Case of johnson, ct al. vs.. Towsley
upon which inquiry has been made
to this office respecting second filings
upon unoifered lands, relates TO Il sec.
ond filing for another tract from that
embraced In the first ~declaratory state
ment, and not to the same land.
Very respectfully,
WILLIS DRUMMoSD. Commissioner.
DEPARTMENT OF THE INTERIOR, J
GENERAL. LAND OFFICE.
WASHINGTON. ID. c.. Sept. IS, 1872.
Register and Receiver, Carson City.
Nevada. Gentlemen : In reply to the
Registers letter OF the 10th Instant, l
have to state that the Act OF July III.
1870, relative to the expiration oil pre-
empt,on filings, with the subsequent
legislation OH the same subject. does
nos apply to filings made BY claimants
for lots In town sites under the Act OF
,July /, 1854. Respectfully,
Your obedieit servant,
WILLIS DRUMMoSD,
Commissioner.