Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-10
UNITED STATES MINING LAWS.
Appisessisss Sss Passsts-Hew %
besi with Cssss Lsaes-Tasssl
Ris shss- Csas1s-
The taw 1s 8egsrd
- A1leas-ksS.
APPLICATION OF PATENT

Where papers have onos been hlsd with
the Rsgister and Receiver. they become
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withdrawn nor returned.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 u the premises II erroneous
or insufficient.
Application for patent viii be rejected
because:
First-The notice was published without
the knowlsdss Of the Rsshter.
Second-Tho notice va not published
In . newspaper designsted - pubihned
nearest the claim.
Third-Becord tide was found defective.
and:
Fourth-A previous application bad ossn
made for tho Same premises, which Wss
withdrawn pending .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
fins tho boundaries Of the claim.
Where the claim Was not located In &C.
cordanos with Law.
Where several parties own separate and
distinct portions Of claim, application
Tor patent may be made By either Tor that
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 - the local Law I'd.
mitl, and embrace them all In one appli-
cation for patent.
Two or more lodss cannot be embraced
In ono application for . patent except for
placer claims embracing two or more lodes
within their boundaries.
Papers sworn to before any person pur.
porting 10 aot - 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 IL inserted "excepting and
excluding all town property. rights upon
the surface. and all houses. buildings,
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 DO published ten consecu.
tive weeks in weekly newspapers. and In
daily newspapers sixty days must elspse
between the hrst and the last insertions.
Where the Register designatss the daily
issue Of Q newspaper for publication oi
notices Of mining application for patent.
IL 10 not compliance with Law to change
70 the weekly edition Of the same paper
without authority Of the Register.
The existence Of salt spring on tract
Of land withdrsws IL from the operation Of
the homestead and prescription laws. A
hearing for the purpose VI proving thu
.gricultural character Of such land 10 not
allowed. Land containing valuable de
posiu Of slate may be entsrsd under the
mining Acts.
ApvERsE CLAIMS.
Adverse claimants must die . separate
and distinct claim against each application
which 10 IL alleged conflicts With the prem.
ises owned BY such adverse claimant.
The papers In an adverse claim once hled
cannot BE- Withdrawn, but become = part OF
the record.
When an adverse claim has been dled II
cannot be amended 20 a. 70 embrace 4
larger portion Of the premises than tha,
described in the original adverse claim.
An adverse claim must be made out In
proper form and hled in the proper local
ONCE during the period Of publication
Of the application for the patent to Be
effective.
It il 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 70 commence
suit be the result Of the corrupt or dishon'
est action OF his attorney, tbs Interior De.
psrtment cannot redress the wrong.
An adverse claimant should set forth In
detail tho facts upon which be bases his
adverse clam. A statement in general
terms, embodying conclusions Of Law.
without stating the faots specially. will not
be considered IN evidence.
An adverse claimant should show com.
pliancs with the local laws in recording his
claim and In regard TO expenditures, and
shall hls copy VI the original notice oi
his location. aud show the nature or extent
Of the conflict alleged.
An allegation Of parties to . suit thai
they compose the company In sufacient,
ana they arc not required 10 prove that
they are the original locstors or the iden'
tiesl parties who presented the adverse
claim.
AGRICULTURAL Oh xISrnAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but IL essential to
the proper dsvslopmsnt Of mining claims,
IL should bo disposed Of under the mining
Act.
whero lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will be can.
celed at any time prior to issuance oil
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 ths agricultural entry
will be cancelled to that portion Of the land
embraced by said mining claim.
Where mineral deposits are discovered
Sh tedds ei~h tas -
been issued to an agricultural claimant
they pass with the patent.
Agricultural college scrip cannot be TO
oeived in payment for claims.
ALIENS.
A foreigner may mako mining location
and dispose Of IL. provided he becomes :
citizen before aisposing Of the mine. Prooi
that the party Was not citizen before dis
posing Of his claim must be afnrmativsly
shown.
Locatos and intermediate owners Other
than applicants will not Be presumed
aliens In the absence Of allegation or OBJ
lection prior 10 issuance Of patent.
The portion Of mining claim sold tt
an alien cannot be patented while suct
owner 10 an alien but on his declaration
TO become o citizen. his right dates bacl
70 his purchase, and he may thereupor
secure United States patent for his claim
Cross LxD0fs.
Revised Statutes. Section 2SS8.
Where two or more ledges Gross or inter
sect each other. priority Of tius shsll gov
ern. and such prior location shall b enti
tied 70 all orc or mineral contained within
the space Of intersection. but the .ubse
oueps location shall have the right Of way
through the space Of Intersection Tor tn