Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-15
UNITED STATES MINING LAWS.
,,vo.mArIoS roR LocAroRs
AID OWNERS OR Mlhks.

neal with Cress Lsdes-raansl
RiShss-Advsrss Ciains-
The Law - Bsgsfd
- Alisss-Ess.
APPLICATION OF PATENT.
Whore papers have once been flsd with
the Register and Receiver. they become
part OF the record. and can neither be
withdrawn nor returned. but must be
transmitted 10 the General Land Once.
An application will b rejected when the
description Of the premises II erroneous
or insufficient.
Application for patent viii b rejected
because:
First-The notice was published without
| the knowledge Of the Register.
Second-Ths notice was not published
In Q newspaper dssisnAsed - publishsd
nearest the claim.
Third-Rscord title was found defective,
and:
Fourth-A previous application had been
made for the sams premises. which WAS
Withdrawn pending suit in court COM
menced by the adverse claimant.
An application for patent will be rejected
when the survey does not accurately DO
| dne the boundaries OF the claim.
Where the claim was not located In &C.
cordance with law.
Where several parties own separate and
distinct portions Of . claim, application
for patent may be made By either Tor tnat
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 a. the local law ad-
mits, and embrace them all In ono appli-
cation for patent. :,
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 the Register
and Receiver. cannot be recorded - evil
dence.
In all patents for mining claims situated
within the interior boundaries Of . town
site, . 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 DO made In
only one newspaper for the period Of sixty
days.
Notice must bo published ten oonsecu-
tive weeks in weekly newspapers, and In
daily newspapers sixty days must elapse
between tho first and the last insertions.
Where the Register designates the daily
issue Of . newspaper for publication Of
notices Of . mining application for patent
10 10 not . compliance with law TO change
to tho weekly edition Of tho same paper
without authosity Of the Register.
The existence Of salt spring on tract
Of land withdraws IL from the operation OF
the homestead aud pre-emption laws. A
hearing for the purpose OF proving the
agricultural character Of such land il not
allowed. Land containing valuable do
posits Of slate may be entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle . separate
and distinct claim against each application
which IL is alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers In an adverse claim once filed
cannot bo Withdrawn. but become . part OF
the record.
When an adverse claim has been fled II
cannot be amended 90 - TO embrace
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
ofice during tho period Of publication
Of the application for the patent to DO
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 the United States mail, he
must abide the consequences. should the
delay ensuo through misfortune or acci.
dent. Should tho failure to commence
suit be the result Of the corrupt or dishon.
est action Of his attorney. the Interior De-
partment cannot redress the wrong.
An adverse claimant should set forth in
detail tho 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.
pliance with the local laws In recording his
claim and In regard to expenditures. and
shall ils copy Of the original notice Of
his location, and show the nature or extent
Of the conflict alleged.
An allegation Of parties to suit that
they compose the company 10 sufficient,
and they are not required to prove that
they are the original locators or the iden.
tical parties who presented the adverse
claim.
AoRIcuLrunAL on MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential 10
the proper development OF mining claims,
10 should be disposed Of under the 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 a. agricultural. but before
patent has been issued, the parties claim.
ing the mine may make application for
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 has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
ceived in payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of Il. provided no becomes .
citizen before iisposing Of the mine. Proof
that the party Was not citizen before dis
posing oi his claim must be afhrmatively
shown.
Locators and intermediate owners other