Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-28
UNITED STATES MINING LAWS.
Appliessions for Patsnts-How "a
Deal with Cross Lodes-Tunnei
Rixhss-Adverse Claims
The Law ia Regard
60 Alieas-Ets.


Rixhss-Advefse Claims
The Law is Regard
60 Alisss-Ess.
APPLICATION OF PATENT.
Where papers have once been fled with
the Register and Receiver. they become Z
part Of the record. and can neither be
withdrawn nor returned, but must be
transmitted to the General Land Once.
An application will be rejected when the
description sf the premises IL erroneous
or insufficient.
Application for patent will bs rejected
because:
Firs.-The notice was published without
the knowledge Of the Register.
Sccond-The notice was not published
In . newspaper designated a. Published
nearest the claim.
Third-Record title was found defective
and:
Pourth-A previous application had been
made for the same premises, which wAa
Withdrawn pending .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
| hne the boundaries Of the claim.
Where the claim was not located In &C.
cordznce 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 PARTED own undivided In.
forests In mining claim, all should JOIN
L l.. for = Va
A person or association may purchase q
many placer locations as the local law adj
.iits, and embrace them all In ono appii'
cation for patent.
Two or more lodes cannot be embraced
In ono application for . patent except Tor
placer claims embracing two or more iodes
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 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 tho grantee herein. and all rights
necessary or proper to tho 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 be published ten 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 of
notices Of mining application for patent
IL 10 not compliance with law to change
to the weekly edition Of the same paper
without authority Of the Register.
The existence Of . salt spring on tract
Of land withdraws IL from tho operation OF
the homestead and presumption 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 hle . separate
and distinct claim against each application
which 1t Is alleged conflicts with the prem
isss owned by such adverse claimant.
The papers in an adverse claim once fled
cannot be withdrawn, but become . part OF
the record.
When an adverse claim has been fled Il
cannot be amended 30 - to embrace
larger portion Of tho premises than that
described in tho 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 tho application for the patent to bo
| effective.
It 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 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 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.
pliance with the local laws In recording his
claim and in regard to expenditures, and
shall file copy Of the original notice Of
his location, aud show tho nature or extent
Of the conflict alleged.
An allegation Of parties to . suit that
they compose the company Is sufficient,
aud they aro not required to prove that
they are the original locators or the iden-
tical parties who presented tho adverse
| claim.
AGRICULTURAL on MINERAL LANDS.
Where land Is Of little II any value for
agricultural purposes, but 10 essential ="
the proper development Of mining claims,
| 1, should be disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In an
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 tho 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-
ceived in payment for claims.
| ALIENS.
A foreigner may make mining location
and dispose Of IL, provided he becomes
citizen before iisposing Of the mine. Prooi
| that the party Was not citizen before dis
posing Of his claim must be af1rmatively
Locstors and intermediate owners other
than applicants will not be presumed