Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-12
UNITED STATES MINING LAWS.
lsfoaMArION 20. LoCsT0Rs
AND OwhE8s Of nAhkA
Applieasisns fer Passuts-HeW -
Deai with Csess l.saes-Taansl
Rishss-Adverss Claims
The Lac - Regard
- 0Alisss-kss.
APPLICATION or PATENT.

or insufficient.
Application for patent will b rejeotet
because: .
Fint-The notice was published without
the knowledge Of the Register.
Second-The notice was not publishet
In . newspaper designassd a. published
Third-Reoord atie was found defective
and:
Fourth "A previous application had been
made for the same premises, which VA
Withdrawn pending . suit In court COM
msnced By the adverso claimant.
An application for patent will be rejected
when the survey doos not accurately do.
fins the boundaries OF the claim.
Where the claim was not located In 60
cordance with law.
Where several parties own separate and
distinct portions OF . claim. application
Tor patent may be made BY either for that
portion OF tho 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 q
many placer locations - the local law ad'
mits. and embrace them all In one appli-
cation for patent.
Two or more lodes cannot b embraced
In one application for . patent except for
within their boundaries.
Papers sworn to before any person pur-
porting TO act - deputy for tho Register
and Receiver. cannot DO recorded ~ evi-
dsnco.
In all patents for mining claims situated
within tbs interior boundaries Of . town
sits. CLAUSE is 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 10 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 elapse
between the nrst 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
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 oi
the homestead and pre-emption laws. A
hearing for tho purpose Of proving the
agricultural character Of suoh land is not
allowed. Land containing valuable de-
posits Of slate may DO entered under the
mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle . 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 DO withdrawn, but become part oil
the record.
When an adverse claim has been filed II
cannot be amsnded 20 a. 70 embrace .
larger portion Of the premises than that
described In the original adverse claim.
An adverse claim must be made out 10
proper form and died in the proper local
ofice during the period Of publication
Of the application for the patent to be
effective.
Il 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. be
must abide the conseq quences. should the
delay ensue through misfortune or scci.
dent. should the failure 70 commence
suit be the result Of the corrupt or dishon-
est action OF his attorney, the Interior De-
partmsnt cannot redress the wrong.
An adverse claimant should set forth 10
detail the facts upon which be bases his
adverse claim. A statement 10 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 tho local laws in recording his
claim and In regard to expenditures. and
shall file . copy VI the original notice Of
bis location. aud show the nature or extent
Of the conflict alleged.
An allegation VI parties TO suit that
they compose the company II sufficient,
and they are not required 70 prove that
they are tho original locators or the iden.
tieal parties VINO presented the adverse
claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but Ia essential to
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 sn
agricultural entry. said entry will be can.
celed at any time prior 10 issuance Of
patent, upon satisfsctory evidence OF the
existence Of such valuable deposits.
whers valuable deposits OF mineral are
discovered upon tract after the same has
been sn,sred - agricultural. but before
patent has been issued. the parties claim.
ing tho mine may make application Tor
patent for same. aud the agricultural entry
will be Cancelled to that portion OF the land
embraced by said mining claim.
Where mineral deposits arc discovered
on agricultural lands alter tho patent has
been issued to an agricultural claimant,
they pass with the patent.
Agricultural college scrip cannot be re-
ceived In payment for claims.
ALiKSs.
A foreigner may mako mining location
and dispose Of 10, provided he becomes z
citizen before iisposing Of the mine. Prooi
that tho party Was not citizen before dls-
posing Of his claim must be afhrmatively
shown.
Locators and intermediate owners other
than applicznts will not be presumed
aliens In the absence Of allegation or OBJ
lection prior 70 issuance Of patent.
Tho portion Of . mining claim sold 70
An Alien cannot be patented while such
owner Il an alien; but on his declaration
10 become Q citizen, his right dates bach
10 his purchase. and he may thsreuPon
secure United States patent for his claim
cnoss LrDoEs.
Rsvised Statutes. Section 1855.
Where two or more ledges GROSS or inter
sect each other. priority Of uts shall gov
ern. and such prior location shall % emu
lied 70 all ore or mineral contained within
tho space Of intersection, bat the euose'
queut location shall have the right Of WAY
through the space Of intersection Tor tns
purpose Of tho convenient working o. tne
mine. And whsrs two or more veins unite,
the oldsst or prior location shall TAKE TN
vein below the point d union, including
~ A. - ln :