Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-23
UNITED STATES MINING LAWS.
sSroaNArION FOE L0CATORs
AND OWNERS Of nAnks.
Applieasiens for Patssts-How 20
neal with Cssss Lsdss-Tunnel
Righss-Advefss Claims
The Law tn Begsrd
% Alieaa-Eeo.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been aled with
the ReRister and Receiver. they become Q
part OF the record. and can neither be
Withdrawn nor returned. but must DC
transmitted to the General Land once.
An application will bo rejected when tho
description Of the premises IL erroneous
or insufficient.
Application for patent will be rejected
because:
First-The notice was published without
the knowledge Of the Register.
Secoud-The notice was not published
In q newspaper designated a. published
nearest the CLAIM.
Third-Reoord title was found detective,
and:
Pourth-A previous application had been
made for the same premises. which was
withdrawn pending . suit In court COM
menced by the adverse claimant.
An application for patent will DO rejected
when the survey does not accurately de-
fine the boundaries Of the claim.
Where the claim was not located In ac'
oordance 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 Q mining claim, all should join
In an application for patent.
A person or association may purchase -
many placer locations a. tho local law I'D.
mits, and embrace them all In one appli-
cation for patent. =,
Two or more lodes cannot bo 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 be recorded ~ evi'
dencc.
In all patents for mining claims situated
within the interior boundaries Of . town
site, clause 10 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 bo made In
only one newspaper for the period Of sixty
days.
Notice must be published ten cousecu.
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elapse
between the hrst and tho last insertions.
Where the Register designates the daily
Issue Of newspaper for publication oi
notices Of mining application Tor patent
1t Is not compliance with Law to change
to the weekly edition OF the same paper
without sutholtty Of the Register.
The existence Of salt spring on tract
Of land withdraws 10 from the operation OF
the homestead and prs-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 cLAnfs.
Adverse claimants must tile . separate
and distinct claim against each application
which it il alleged conflicts with tho prem
ises owned by such adverse claimant.
The papers In an adverse claim once filed
cannot DO withdrawn, but become part OF
the record.
When an adverse claim has been filed 1t
cannot be amended 30 as to embrace .
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must DO made out In
proper form and hled In the proper local
ofico during tho period OF publication
Of the application for the patent to be
effective.
Il 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 tho United States mail. he
must abide the consequences. should the
delay ensue through misfortune or accl.
dent. Should the failure to commence
suit be tho result Of tho 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 he bases his
adverse claim. A statement In general
terms. embodying conclusions Of law.
without stating tho facts specially, will not
be 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 die copy VI the original notice Of
his location, aud show the nature or extent
Of tho conflict alleged.
An allegation Of parties to suit that
they compose tho company 10 sufficient,
and they arc not required to provo that
they are tho original locators or the iden-
tical parties who presented the adverse
claim.
.o,,,,,,ryy IN u,xrpAt tAxpa
Where land 10 Of little II any value for
agricultural purposes, but Is essential to
the proper development Of mining claims.
it should be disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In 40
agricultural entry. said entry will be can.
celcd at any timo prior TO issuance oi
patent, upon satisfactory evidence OF the
existence Of such valuable deposits.
Where valuable deposits Of mineral arc
discovered upon tract after the same has
been entered a. agricultural. but before
patent has been Issued. the parties claim
ing tho mine may make application foi
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 hai
been issued to an agricultural claimant
they pass with tho patent.
Agricultural college scrip cannot be 70
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL, provided be becomes
citizen before iisposing Of the mine. Proc
,h,t the p.rty VAS not 4 citizen before dis