Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-05-13
UNITED STATES NAMING. LAWS.
Applieatisss fss Passsts-Hew %
Neal with Cpsss lssdes-Tusns1
1iEhss- Adverse Claims
The law - 8sgard
- Alless-kte.
APPLICATION OF PATENT.

APPLICATION OF PATENT.
Where papers have once been hled with
the Register and Receiver. they become
part Of the record, and osn neither b
Withdrawn nor returned. bat must b
transmitted to the General Land once.
An application will be rejected when the
description Of the premises II srronsoui
or insufficient.
Application for psssns viii b rejected
because:
first-Ths notice was pubiishsd without
the knowledge Of the Register.
Second-The notice was not Published
In . newspaper designated - psblished
nearest the claim.
Third-Rscord title was found defective.
and:
Fourth-A previous application had been
made for tho same premises. which waa
Withdrawn pending . suit In court eom'
menosd BY the sdverss claimant.
An application for patent will b rejected
when the survey does not accurately de-
nns the boundaries Of the claim.
Where the claim was not located In CO.
cordsncs with Law.
WaCEu u1NNt8A R8Aacs SW1 soReAetS ese
distinet portions Of . claim, application
for patsnt may be made by either for that
portion Of the claim owned By him; but
vhers several parties own undivided In.
tsrests In . mining claim. all should Join
In an application for patent.
A person or association may purchase %
many placer locations a. the local Law cd.
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. 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 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 trst and the last insertions.
Where the Register designates the daily
issue sf . newspaper for publication Of
notices Of mining application for patent,
10 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 10 from the operation Of
the homestead and pre-emption 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 Ale Q separate
and distinct claim against each application
which 10 10 alleged conflicts with the prem.
ises owned by such adverse claimant.
The papers 10 an adverse claim once dled
cannot be Withdrawn. but become part of
the record.
When an adverse claim has been 6led II
cannot bs amended 90 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 fled In the proper local
Office during the period Of publication
Of the application for the patent to be
effective.
II 10 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 ensus through misfortune or acei.
dent. Should the failure to commence
suit be the result Of the corrupt or dishon-
est action OF bis 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 10 general
tsrms. embodying conclusions Of law.
Without stating the facts 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 fls copy Of the original notice Of
his location. aud show the nature or extent
Of the conflict alleged.
An allegation Of parties 10 . suit that
they compose the company 10 sufficient,
and they are not required 10 prove that
they are the original locators or the iden.
tical parties who presented the adverse
claim.
AoRIcrLIuaAL on MINERAL LANDS.
Where land 10 Of little II any value for
agricultural purposes, but 10 essential to
the proper development Of mining claims.
II should bs disposed Of under the mining
Act.
where lands containing valuable
mineral deposits have been included In an
agricultural entry. said entry will bs can.
ctled ct any time prior to issuance oi
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 for
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 70
ceived In payment for claims.
ALIENS.
A foreigner may make mining location