Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-11-07
UNITED STATES MINING LAWS.
ssrosnArioN FOE L0CAroRs
AND OWNERS OF nlnES.
Applieasioss for Patsuts-How %
Deal with Cross Lodes-Tusnel
Rishs-Advesse Claims
The Law n Regard
- Alleas-Eso.
APPLICATION OF PATENT.


- Alisss-Ess.
APPLICATION OF PATENT.
Where papers have once bean nlsd with
/ the Register and Receiver. they become
part Of tho record. and can neither be
| withdrawn nor returned. but must be
/ transmitted 10 the General Land 06ice.
An application will be rejected when the
description OF the premises 10 erroneous
or insufficient.
Application for patent will bs rejected
because:
Nrst-The notice was published without
the knowledge Of tho Register.
Second-The notice was nok publishsd
In Q newspaper designated - Published
nearest the claim.
Third-Ieoord title wal found defective.
and:
Fourth-A previous application had been
made for the same premises, which was
Withdrawn pending suit In court COM
menced by tho adverse claimant
An application for pateuAEaifbc rejected
when the survey does not accurately de-
fine 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 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 a.
many placer locations a. the local law I'D.
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 be recorded ~ evil
dence.
In all patents for mining claims situated
within the interior boundaries OF . town
site, Q 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 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 tirst and tho last insertions.
Where the Register designates the daily
issue Of . newspaper for publication OF
notices Of q mining application for patent,
it 10 not . compliance with law to change
10 the weekly edition OF the same paper
without authority 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 II 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 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 partof
the record.
When an adverse claim has been fled II
cannot be amended so 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 filed in the proper local
ofiico during tho period Of publication
Of tho 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 to commence
suit be the result Of the corrupt or dishon-
est action Of his attorney, the Interior De-
partment cannot redress tho 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 file 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 II sufficient,
and they are not required to prove that
they arc tho original locators or the iden-
tical parties who presented tho adverse
claim.
AoRicuLruHAL Oh MINERAL LANDS.
Where land is Of little II any value for
agricultural purposes, but 10 essential to
tho proper development Of mining claims.
it 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 Tor
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 mako mining location
and dispose Of 1t. provided he becomes .
citizen before iisposing Of the mine. Proof
that the party Was not citizen before dis
posing Of his claim must be amrmatively
shown.
Locator and intermediate owners other
than applicants will not Be presumed