Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-11
APPLICATION OF PATENT.

An application Tor patentWiil DC Ieleoeeo
when the survey does not accurately de-
tine the boundaries Of the claim.
Where the claim was not located In CO.
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. all should Join
In an application for patent.
A person OF association may purchase ~
many placer locations a. the local law ad-
mits, and embrace them all In one appli.
cation for patent.
Two or more lodes cannot be embraced
In one application for . patent except for
placer claims embracing two or more lodes
within their boundaries.
Papers sworn to before any person pur-
porting to act a. deputy for the Register
and Receiver. cannot DO recorded ~ evi-
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
sito. clause II 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. q.
Notice must DO published ten consecu-
tive weeks In weekly newspapers. and In
daily newspapers sixty days must elApse
between the first and tho last insertions.
Where the Register designates the daily
issue Of Q newspaper for publication Of
notices Of mining application for patent,
1t is not . compliance with law to change
to the weekly edition OF the same paper
without authority OF tho Register.
The existence Of salt spring on tract
Of land withdraws 10 from tho operation OF
the homestead and 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 Ale . separate
and distinct claim against each application
which IL Ia alleged conflicts with the prem
ises owned by such adverse claimant.
The papers In An adverse claim once filed
cannot be Withdrawn, but become part OF
the record.
When an adverse claim has been fled II
cannot be amended so - 70 embrace .
larger portion Of the promises than that
described in the original adverse claim.
An adverse claim must be made out In
proper form and filed in the proper local
Office during the period Of publication
Of the application for the patent to DO
effective.
II 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, he
must abide the consequences, should the
delay ensue through misfortune or acci.
dent. should the failure 10 commence
suit be the result Of the corrupt or dishon.
est action Of his attorney, the Interior De-
psrtment cannot redress the wrong.
An adverse claimant should set forth In
detail the facts upon which ho 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.
pliance with the local laws In recording his
claim and in regard TO expenditures. and
shall nle 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 the company Ia sufficient,
and they re not required 10 prove that
they are the original locators or the iden-
tical parties who presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land 10 Of little II any valuo for
agricultural purposes, but 10 essential to
tho proper development OF mining claims,
1t should be disposed Of under tho mining
Act.
Where lands containing valuable
mineral deposits have BEEN included In an
agricultural entry. said entry will be can.
celed at any time prior 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 as agricultural, but before
patent has been issued. tho parties claim
ing the mine may make application for
patent for same. and the agricultural entry
will be cancelled TO that portion Of tho land
embraced by said mining claim.
Where mineral deposits are discovered
on agricultural lands after the patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
oeived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose OF IL. provided no becomes Q
citizen before iisposing Of the mine. Proof
/ that the party was not citizen before dis
posing OF his claim must be afarmatively
shown.
Locstors and intermediate owners other
than applicants will not be presumed
aliens in the absence Of allegation or OBJ
| lection prior 10 issuance Of patent.
The portion Of mining claim sold to
an Alien cannot be patented while suoh
owner n an alien but on his declaration
| 70 become q citizen. his right dates back
70 his purchase, and he may thereupon
secure United States patent for his claim.
cnoss LrDoxs.
Revised Statutes. Section 2SS6.
Where two or moro ledgss cross or intsS'
sect each other. priority Of title shall gov.
ern. and such prior location shall 30 enti'
tied 10 all ore or mineral contained within
the space Of intersection. but the subsc-
queut location shall have the right Of way
through the space Of intersection for the
purpose Of tho convenient working Of The
naine. And whsre two or more veins units,
ths oldsst or prior location shAll taks The
vein bslov the potnt Of union. including