Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-10-27
UNITED STATES MINING LAWS
asyonuArloN FOE L0CAroRs
AND OWNERS OF HINES.
Applieasiess for Patsnts-Hew 70
Deal with Csess Lodes-Tussei
Rishts-Adverss Claims
The Law IN Regard
% AlleaD-keo.
APPLICATION or PATENT,

APPLICATION OF PATENT.
Whore papers have once been nied VAN
the Reeister and Receiver, they become
part Of tho record. and can neither DO
withdrawn nor returned. but must Do
trsnsmitted TO tho General Land Once.
An application will be rejected when the
description Of the premises 10 erroneous
or insufficient.
Application for patent will bs rejected
because:
First-The notice was published without
the knowledge Of the Register.
Sccond-The notice vss mot puoiished
In . Newspaper designated - puoiished
nearest the claim.
Third-Bscord title was found detective,
and:
Fourth-A previous application had been
made for tho same premises, which was
withdrawn pending . suit In court COM
menced BY the adverse claimant. !.
An application for patent will be rejected
whom the survey does not accurately de-
fine the boundaries Of the claim.
Where tho claim Was not located 10 60
cordance with law.
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. al should Join
In an application for . patent.
A person or association may purchase a.
many placer locations - the local Law Cd.
mits, and embrace them all In one appii'
cation for . patent.
In one application for . patent except for
placer claims embracing two or more iodes
within their boundaries.
Papers sworn to before any person pur-
porting to act a. deputy for tho Register
and Receiver, cannot be recorded ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries OF town
site, q clause IL 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 ton consecu-
tive weeks In weekly newspapers, and In
daily newspapers sixty days must elapse
between the hrst and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication oi
notices Of . mining application for patent,
IL IL not compliance with law to change
70 tho weekly edition Of the same paper
without authosity Of the Register.
The existence Of salt spring on tract
Of land withdraws IL from the operation OF
the homestead and pre-emption laws. A
hearing for the purpose Of proving the
agricultural character Of such land Is not
allowed. Land containing valuable de-
posits Of slato may be entered under the
mining Acts.
ApvEnsE cLAr,fs.
Adverse claimants must fle . separate
and distinct claim against each application
which 10 II alleged conflicts with the prem.
isss owned BY such adverse claimant.
The papers In an adverse claim once dled
cannot be Withdrawn, but become . part OF
tho record.
When an adverse claim has been filed IL
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must be made out IN
proper form and hled in the proper local
Office during the period Of publication
Of the application for the patent 10 DO
effective.
Il il the duty Of the adverse claimant 10
commence suit In proper form within the
required time, and II he trusts the uncer'
tain medium Of tho United States mail. he
must abide the consequences. should the
delay ensue through misfortune or acci.
dent. should tho failure to commence
suit bo the result OF the corrupt or dishon-
est action Of his attorney. the Interior De-
partment cannot redress the wrong.
An adverse claimant should sot forth In
detail the facts upon which he bases his
adverse claim. A statement In general
terms, embodying conclusions Of law,
without stating tho facts specially, will not
bo considered In evidence.
An adverse claimant should show com.
pliance with tho local laws in recording his
claim and In regard 10 expenditures, and
shall hle copy Of the original notice Of
his location. and show the nature or extent
Of the conflict alleged.
An allegation Of parties 70 . suit that
they compose tho company is sufficient,
and they are not required TO prove that
they are the original iocators or the .den-
tical parties who presented the adverse
claim.
AGRICULTURAL on MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential to
the proper development Of mining claims,
II should be disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In au
agricultural entry. said entry will DO can.
celed At any time pricr to issuance Of
patent, upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits OF mineral are
discovered upon tract after the same has
been entered a. agricultural. but before
patent has been issued. the parties claim
ing the mino may make application Tor
patent for same. and the agricultural entry
will be cancelled TO that portion Of the land
embraced BY said mining claim.
Where mineral deposits are discovered
on agricultural lands after the patent haa
~.