Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-07
UNITED STATES MINING LAWS.
Applieasisss Ssr Passsss-Hsw -
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APPLICATION or PATENT.

APPLICATION or PATENT.
Where papers have once been fled with
the Rsgister> and Rsosiver, They become q
part Of the record. and can neither Be
withdraw nor returned. bat must be
transmitted 70 the General Land once.
An application will b rejected when the
description q the prsmisss 10 erroneous
or insufficient.
Application for patent will bs rejected
because:
First-The notice wss published without
the knowledge Of the R<sister.
6econd-The notice was not published
In . newspaper designated - Published
nearest tho claim.
Third-Rscord title was found defective.
and:
Rourth-A previous application had bssu
made for the same premises. which VS.
withdrawn pending . suit In court com.
menced By the adverse claimant.
An application for patent will be rejected
whom. the -yurvey does not accurately de-
ane the boundaries Of the claim.
Where the claim Vas 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 for that
portion Of the claim owned by him; but
where several parties own undivided in.
terssts In mining claim. all should Join
In an application for patent.
A person or association may purchase -
many placer locations - the local Law sd'
mits. and embrace them all In one sppli.
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 10 act a. deputy for tho Register
and Receiver. cannot be recorded ~ evi-
dence.
In all patents for mining claims situated
within the interior boundaries OF . town
site. clause Ia inserted excepting and
excluding all town property, rights upon
tho 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 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 DO published ten consecu.
tive weeks In weekly newspapers. and In
daily newspapers sixty days must elapse
between the drst and the last insertions.
Where the Register designates the daily
issue Of Q newspaper for publication Of
.o,traa ~ . vniainu u . M ltr~ flon for MI liant
10 IL not . compliance with law to change
to the weekly edition Of the samo paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdraws 10 from the operation of
the homestead aud presumption laws A
bearing 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 file separate
and distinct claim against each application
which it 10 alleged conflicts with the prem.
isss owned BY such adverse claimant.
The papers in an adverse claim once fled
cannot bs Withdrawn, but become . part OF
the record.
When an adverse claim has been hled IL
cannot bs amended 30 a. 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 dled in the proper local
Office during the period Of publication
Of tho application for the patent to BE-
effective.
Ts.. a.. l,.- ~ Al. .d,.~.n .l.;c,. ~ 20
commence suit In proper form within the
required ums. and II be trusts the uncer
tain medium Of ths United States mail, be
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 10 expenditures, and
shall fis copy VI the original notice Of
his location. aud show the nature or extent
Of the conflict alleged.
An allegation VI parties TO . suit that
they compose the company 10 sufficient,
and they are not required to prove that
they ars the original locators or the iden-
tical parties who presented tho adverse
claim.
AoRIcrLruRAL on MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes. but 10 essential 70
the proper DEVELOPMENT Of mining claims.
IL should be disposed Of under the mining
Act.
Where lands containing valuable
mineral deposits have been included In au
agricultural entry. said entry will be can.
celed ct any time prior TO issuance OF
patent. upon Satisfactory evidence OF the
existence Of such valuable deposits.
whsrs valuable deposits Of mineral are
upon . tract after ths 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, aud the agricultural entry
will be cancelled to that portion Of the land
embrsced BY said mining claim.
Wucfu hniheiAi uoPooiH eAo esSS's.eN
on agricultural lands alter the patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot DO re-
ceived In payment for claims.
ALIENS.
A foreigner may make mining location
and dispose Of IL, provided he becomes .
oitizsn before iisposing OF the mine. Proof
that the party Was not citizen before dis.
posing Of his claim must be afhrmatively
shown.
~Locators and intermediate owners other
than applicants will not be presumed
aliens in the absence Of allegation or OBJ
lection prior 70 issuance Of patent.
Tho portion Of mining claim sold TO
an alien cannot bo patented while such
owner 10 an alien bot on his declaration
q Il - H.