Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-27
UNITED STATES MINING LAWS.
rsvonnArlON FOR LOCAf0Rs
AND OWNERS OF nlnks.
Appiieasiess for Patssts-Hew %
neal with Csosa Lsaes-fuansl
Rishss-Advssss Claims
The LAW ~ Regard
90 AliOoa-Ese.
APPLICATION or PATENT.

APPLICATION OF PATENT.
WHARF papers have once been fled with
the Register and Receiver, they become q
mart Of the record, and can neither DC
witbdrsvn nor returned. but must b
transmitted to the General Land Once.
An application will be rejected when the
description ot the premises II erronsosi
or insufficient.
Application for patent will be rejected
because:
First-The notice was published without
the knowledge Of the Register.
Second-The notice was not published
in q newspaper designated - published
nearest the clam.
Third-Record title was found detective,
and:
Fourth-A previous application had been
made for tho same premises when WAS
Withdrawn pending . suit In court com'
menced BY the adverse claimant.
An application for patent will 30 rejected
when tho survey does not accurately do
fine the boundaries Of the claim.
Where the claim was not located In &C.
cordance with law. 4,
Where several parties own separate and
distinct portions Of . claim. application
for patent may be made BY either for that
portion OF the claim owned BY him; but
where several parties own undivided in-
terests In mining claim, all should JOIN
In an application for patent.
A person or association may purchase ~
many placer locations - the local law ad'
mits, and embrace them all In ono appli-
cation for patent. y,
Two or moro lodes cannot be embraced
In one application for . patent except for
placer claims embracing two or moro lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act as deputy for tho Register
and Receiver. cannot be recorded ~ evil
dence.
In all patents for mining claims situated
within tho interior boundaries Of town
site. . clause Ia inserted excepting and
excluding all town property, rights upon
the surface. and all houses, buildings,
structures. lots. blocks. streets, alleys. or
other municipal improvements not belong
ing to the grantee herein. and all rights
necessary or proper to the occupation, pos.
session and enjoyment Of the same"
Publication Of notice must be made In
only one newspaper for the period Of sixty
days.
Notice must DO published ten cousecu'
tive weeks in weekly newspapers. and in
daily newspapers sixty days must elapse
between the hrst and the last insertions.
Where the Register desiguates the daily
issue Of . newspaper for publication oi
notices Of . mining application for patent
IL Is not . compliance with Law to change
to the weekly edition Of the Same paper
without autho,ity Of the Register.
The existence OF salt spring on tract
Of land withdraws II from the operation oi
the homestead aud pro-emption laws. A
hearing for the purpose Of proving the
agricultural character Of such land 10 not
allowed. Land containing valuable de-
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hlc . separate
and distinct claim against each application
which it 10 alleged conflicts with the prem
ises owned by such adverse claimant.
The papers in an adverse claim once dled
cannot DO withdrawn, but become . part oi
the record.
When an adverse claim has been Hled II
cannot DO amended 20 - 10 embrace q
larger portion Of the premises than that
described in the original adverse claim.
An adverse claim must bo made out IN
proper form and fled in the proper local
Office during the period Of publication
Of tho application for the patent to be
effective.
1t Is the duty Of the adverse claimant TO
commence suit in proper form within the
required time, and II he trusts the uncer'
tain medium Of the United States mail, be
must abide the consequences, should the
delay ensue through misfortune or scci.
dent. Should the failure to commence
suit be the result Of the corrupt or dishon-
est action Of bis attorney. the Interior De-
partment cannot redress the wrong.
An adverse claimant should set forth In
detail the facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions Of law.
without stating the facts specially. will not
be considered IN evidence.
An adverse claimant should show com.
pliancs with the local laws In recording bis
claim and in regard to expenditures. and
shall hle . copy VI the original notice oi
his location. aud show the nature or extent
Of the conflict alleged.
An allegation Of parties TO . suit that
they compose the company ia sufhcient,
and they are not required to prove thai
they are the original locators or the iden'
tieal parties who presented tho adverse
claim.
AoRuuLrrRAL on MINERAL LANDS.
Where land 10 Of little II any value foi
agricultural purposes. but 10 essential te
the proper development Of mining claims
IL should be disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In ~
agricultural entry. said entry wili Dc can
celed at any tmo prior 10 issuance "
patent. upon satisfactory evidence Of 'n'
existence Of such valuable deposits.
Where valuable deposits Of mineral arr
discovered upon tract after the same ma
been entered a. agricultural. but befor'
patent has been issued. the parties claim
ing the mine may make application To-
patent for same. and the agricultural entr!
will be cancelled to that portion OF tho ian'
embraced by said mining claim.
Where mineral deposits are discovered
ON agricultural lands after the patent ha
been issued to an agricultural claimant
they pass with the patent.
Agricultural college scrip cannot be 70
ceived In payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of IL, provided he becomes
| citizen before iisposing Of the mine. Proc
that the party Was not citizen before dis
posing OF his claim must be sfhrmativel.
| shown.
Locstors and intermediate owners othe
than applicants will not be presumed
aliens In the absence Of allegation or oh
i I-.I-- - A.. i..n. ura Of t,afnnf