The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-06-15
About acquiring Patents
and Locating Mines.
APPLICATION FOR PATENTS.

A~illltAlloN FOX PATENTS.
Where papers have once been filed with
the register and receiver, they become a part
Of the record, and can neither be withdrawn
nor returned but must be transmitted to the |
general land office.
An application will be rejected when the |
description of the premises is erroneous Or
insufficient.
Application for patent will be rejected be-
cause:
First-The notice was published without
the knowledge of the register.
Second-The notice was not published in
a newspaper designated as published nearest.
the claim.
T~hird--Record title was found defective
and,
Fourth-A previous application had been
made for the same premises, which was with
drawn pending a suit in court commenced by
! the adverse claimant.
An application for patent will be rejected
when the survey does rot accurately define
the boundaries of the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and
distinct portions of a claim, application for
patent may be made by either for that portion
of the claim owned by him but where sew
eraI parties own undivided interests in a
mining claim, all should join in an application
for a patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all in one application for a
patent.
Two or more lodes cannot be embraced in
one application for a patent, except for placer
claims embracing two or more lodes within
their boundaries.
Papers sworn to before anw person purport-
ing to act as a deputy for the register and re-
c~eiver, cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF a town-site
a clause is inserted "excepting and excluding
all town property rights upon the surface, and
all houses, buildings, lots, blocks, streets,
alleys or other municipal Improvements not
belonging to the grantee herein and all rights
necessary or proper to the occupation, posses
sion and enjoyment of the same"
Publication of notice must be made in only
one newspaper tor the period of sixty days.
Notice must be published ten consecutive
weeks IN weekly newspapers, and in daily
newspapers sixty days must elapse between
the first and the last insertions.
Where the register designates the daily issue
of a newspaper for publication of notices of a
mining application for patent, it is not a conf
pliance with law to change to the weekly edi-
tons of the same paper without authority
from the register.
The existence of u salt spring on a tract OF
land withdraws it from the operation OF the
homestead and prGemptiou laws. a hearing
for the purpose of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits of Slate may be
entered under the mining acts.
CLAIMS.
Adverse claimants must file a separate and
distinct claim against each application which
it is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim once ilIet
cannot lie withdraWn, but become a part OF
the record.
When all adverse claim has once been filed
it cannot be amended So Us to embrace a lar
ger portion of the premises than that described
in the original adverse claim.
Au adverse claim must be made Ont III
proper form and filed i'll the proper local olllce
daring the period of publication Of the appIl-
cation for the patent to be effective.
\ It is the duty Of adverse claimant to COM
mnuca tie suit IN proper form Wlth'h 'ht
. REQUIRED time, and il he trusts the uncclIa!!
nndium of United States mails lie must ao!dt
the consequences should drIay ehSue 'nlo"s'
misfortune or accident. Should've failure 10
, commence suit be the result of the corrupt OF
:, dishonest action of his attorney, the interlO'
department cannot redress the wrong.
An adverse claimant should set forth in de
tail the facts. a statement in general terms
embodving conclusions OF law, without stating
the facts specially, will not be considered Ii
| evidence.
/ An adverse claimant should show 4 com
I pliance with the local laws in recording Iii
. claim, and in regard to expenditures, ant
. shall file a copy of the original notice OF HI
i location, and show the nature or extent o
y the conflict alleged.
An allegation of parties to a salt thai the
5 compose the company is sufficient, and the
, are not required to prove that they are tn
u original locatOls or The iuentlcal parties WI.
u presented the adverse claim.
AGRICULTURAI. OR MINERAL LANDS.
$ Where land is of little if any value &c
5 agricultural purposes, but is essential TO I'll
proper development of mining claims,
I Should be disposed of only under the mimi
9 act.
v Where lands containing valuable miner;
+ deposi,s have been included in an agriculture
entry, said entry will be cancelled at an
time prior to issuance Of patent, upon salts
v factory evidence of the existence OF such va
a uabla deposits.
a Where valuable deposits Of mineral al
discovered upon a tract after the same hi
e been entered as agricultural, but before pate
If issued, the parties claiming the mine Ia
J. make application for patent for the same, an
the agricultural entry will he cancelled
il that portion of the land embraced by sd
o mining claim.
Where mineral deposits are discovered c
= AGRICULTURAL lands after the patent has beE
issued to an agricultural claimant, they pa
5. with the patent.
ALIENS.
N A foreigner may maze 4 mining l1'atlt